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Simio, LLC v. Flexsim Software Products, Inc.

United States District Court, D. Utah, Central Division

June 20, 2019

SIMIO, LLC, Plaintiff,
v.
FLEXSIM SOFTWARE PRODUCTS, INC., Defendant.

          MEMORANDUM DECISION AND ORDER

          Dee Benson District Judge.

         Before the court is Defendant's Motion to Dismiss for Failure to State a Claim. (Dkt. No. 25.) The motion has been fully briefed by the parties, and the court has reviewed the arguments set forth in those filings. On May 29, 2019, the court heard oral argument on Defendant's motion. At the conclusion of the hearing, the court opted to take the matter under advisement with a written order to follow.

         BACKGROUND

         Plaintiff Simio LLC, a Delaware company that creates and sells simulation software, filed a complaint on October 30, 2018 alleging patent infringement of U.S. Patent No. 8, 156, 468 B22 (“the ‘468 patent”) by Defendant FlexSim Software Products, Inc., a Utah corporation. (Dkt. No. 2.) Plaintiff claims that by making, offering to sell, and/or selling its FlexSim 2016 software, Defendant has infringed at least Claims 1, 2, 3, 6, 8, and 9 of Plaintiff's patent, which was issued on April 10, 2012. (Id. at 3, 6.)

         According to Plaintiff, Claims 2-13 of the ‘468 patent depend directly or indirectly upon Claim 1. (Id. at 3.) Independent Claim 1 of the ‘468 patent states:

         A computer-based system for developing simulation models on a physical computing device, the system comprising:

one or more graphical processes;
one or more base objects created from the one or more graphical processes, wherein a new object is created from a base object of the one or more base objects by a user by assigning the one or more graphical processes to the base object of the one or more base objects;
wherein the new object is implemented in a 3-tier structure comprising:
an object definition, wherein the object definition includes a behavior, one or more object instances related to the object definition, and one or more object realizations related to the one or more object instances;
wherein the behavior of the object definition is shared by the one or more object instances and the one or more object realizations; and
an executable process to add a new behavior directly to an object instance of the one or more object instances without changing the object definition and the added new behavior is executed only for that one instance of the object.

(Id. at 3-4.)

         Defendant launched its FlexSim 2016 software tool, “Process Flow, ” in March 2016. Defendant described this tool as “an innovative and revolutionary way to define logic in a 3D simulation model” that “replaces nearly all computer code with a flowchart, ” thereby simplifying the simulation process and reducing a typical simulation project's length by hours. (Dkt. No. 2-2.) Plaintiff claims that because Defendant's software is a computer-based system for developing simulation models whereby, inter alia: (i) new objects are created from base objects by assigning one or more graphical processes to the base object(s); (ii) new objects are created without the need for methods or computer programming; and (iii) object instances are modified using process logic without modifying the object definition and without computer programming, Defendant's software includes all elements of Claim 1. Thus, Plaintiff argues that it directly infringes on the ‘468 patent in violation of 35 U.S.C. § 271(a). (Dkt. No. 2 at 6-7.) Plaintiff also argues that its “asserted claims are patent-eligible because they present software improvements to computer-implemented simulation, resulting in improvements in the ...


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