Two Realtime Data Patents Found Invalid for Indefiniteness
- July 5, 2012
July 2, 2012 – Judge Katherine Forrest of the Southern District of New York granted defendants’ motion for summary judgment that two Realtime Data [NPE] patents (7,714,747 and 7,777,651) are invalid for indefiniteness and lack of written description (requirements under 35 U.S.C. § 112 ) due to a discrepancy between the claim language and the process as described in the patents’ specifications. Specifically, the Court stated, “The terms ‘content dependent data decompression’ and ‘content independent data decompression’ are undefined and meaningless. . . . While content dependency and independency have a great deal to do with the compression claims in the inventions, they lose all meaning once the encoding process has occurred and the descriptor is appended. All that matters from that point forward is that the encoder was used — not the method for its selection (i.e., not the content on which the encoder selection was based). Simply put, decompression has everything to do with the algorithm used at the front-end compression and nothing to do with the content on which the selection of that algorithm was based. That presents a mind-twisting conundrum regarding the meaning of the terms at issue — i.e., a conundrum that 35 U.S.C. § 112 was designed to prevent.” Realtime Data has filed nine separate lawsuits asserting six patents against more than 30 defendants in the financial industry, including Credit Suisse, Goldman Sachs, HSBC, JP Morgan Chase, Morgan Stanley, NYSE, Board of Trace of the City of Chicago, New York Mercantile Exchange, NASDAQ, Thomson Reuters, Factset, and Bloomberg amongst others. 6/27, Southern District of New York, assigned to Judge Katherine B. Forrest, 1:2011cv06696.