United States District Court, D. Utah, Central Division
MEMORANDUM DECISION AND ORDER
Benson District Judge.
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.
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.)
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:
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
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
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.)
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 ...