Jury Returns Verdict in Favor of T-Mobile

  • February 13, 2013

More than two years after the filing of the initial complaint, a Texas jury ruled on Monday that T-Mobile did not infringe three network compression patents asserted by NPE plaintiff Realtime Data, and that a showing of invalidity precludes an award of up to $265 million in damages. The suit, filed in Sept. 2010 against T-Mobile and five other defendants, including AT&TCricket CommunicationsMetroPCSVerizon, and Sprint, alleged that the defendants’ use of data compression and acceleration within their data networks infringed eight patents related to data compression techniques and systems. During the course of litigation, all but three patents (US Patent Nos. 7,161,5067,352,300; and 7,415,530) were removed from the suit. T-Mobile was the lone defendant that did not settle before trial. After a three-hour deliberation, the jury found that T-Mobile did not infringe any of the asserted claims and also concluded that the claims were invalid on obviousness grounds. In March of 2012, Verizon filed re-examination requests for seven of the eight originally asserted patents, the requests of which are still pending. According to its website, Realtime Data was co-founded by Chief Scientist James J. Fallon in 1998 and develops software solutions related to data storage and other technologies. Since 2008, Realtime Data has filed nine separate lawsuits asserting up to eight patents against more than 30 defendants in the financial industry, including investment banks, financial media publishers, and security exchanges. 6:10-cv-00493.


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