PATENTS - Realtime v. Morgan Stanley, Goldman Sachs, NASDAQ, et al.

Realtime Data, LLC v. Morgan Stanley, 2013-1103, 2014 WL 278757 (Fed. Cir. Jan. 27, 2014)

Is the most important part of the opinion?

The [district] court also precluded Realtime from asserting infringement under the doctrine of equivalents due to Realtime's failure to comply with both: (1) the local rules of the Eastern District of Texas, requiring disclosure to the Defendants “not later than 10 days” prior to the case management conference whether Realtime was alleging infringement under the doctrine of equivalents; and (2) the local rules of the Southern District of New York, requiring a similar disclosure within 14 days after appearing in an action.

Regarding infringement:

We agree with the Defendants. The decoding claims disclose the limitation “wherein the lossless encoders are selected based on analysis of content of the data blocks” ′651 patent col. 31 ll. 36–37, col. 33 ll. 10–11. The parties stipulated that this limitation means that “the system (or method) selects the lossless encoders based on an analysis of content of the data blocks (or data fields).” J.A. 5341, 5334. According to the stipulated claim construction, these decoding claims thus require the selection of an encoder. Realtime cannot now change the construction that it had agreed to in the district court.

Regarding validity and 112: 

We agree with the Defendants that the ′651 and ′747 patents lack adequate written description of the “content dependent data decompression” limitation.