Since July 2009, RealTime Data, LLC (“RealTime”) has targeted dozens of the nation’s largest financial services companies, claiming infringement of its data compression patents (U.S. Patent Nos. 6,624,761; 7,161,506; 7,400,274; and 7,417,568). Siding with the defendants in early January 2011, the U.S. Patent and Trademark Office (USPTO) rejected by inter partes reexamination all claims of the ‘761 and ‘506 patents that were asserted in nine consolidated cases in the U.S. District Court for the Eastern District of Texas. RealTime can still challenge the reexamination decision to the Board of Patent Appeals and Interferences.
Plaintiffs have frequently asserted patents in the U.S. District Court for the Eastern District of Texas due to perceived favorable treatment and jury awards. The USPTO examiner’s decision demonstrates the value to defendants of obtaining a stay of the case pending reexamination where possible.