Untitled case

Patent infringement litigation 6:16-cv-00089 in the Eastern District of Texas involves plaintiff Realtime Data LLC and focuses on U.S. Patent 8643513, among others. While the specific defendant for this exact case number and patent was initially ambiguous due to conflicting search results for the same case number in different contexts, records indicate Realtime Data LLC filed suit against multiple defendants in the Eastern District of Texas around this time, asserting patent 8643513 and other data compression patents against various technology companies. For instance, Realtime Data LLC brought actions against Rackspace US, Inc. and Fujitsu America, Inc. in cases with similar docketing around this period, also assigned to Judge Schroeder and Magistrate Judge John D. Love, and involving data compression patents.

Realtime Data LLC is an inventor-owned research and development company specializing in data compression and acceleration technologies. Their patented technology aims to accelerate the storage, retrieval, transmission, and reception of data, addressing limitations in bandwidth, capacity, and speed in modern systems. U.S. Patent 8643513, titled "System and method for compressing and decompressing data," details systems and methods for data compression and decompression based on the actual or expected throughput (bandwidth) of a system. It includes techniques for optimizing data compression based on planned, expected, predicted, or actual usage, with a focus on asymmetric data compression algorithms. The accused products in Realtime Data's broader litigation efforts typically involve technologies that utilize data compression and acceleration in their operations. While the prompt mentioned Niantic and augmented reality, the asserted patent 8643513 and Realtime Data's business focus indicate the accused technology would likely involve data compression within a defendant's products or services.

The procedural posture places this case in the Eastern District of Texas, specifically the Tyler Division, with Judge Rodney Gilstrap presiding over many patent cases in the district, and Magistrate Judge John D. Love often handling referred matters. The Eastern District of Texas has historically been a popular venue for patent plaintiffs, including Non-Practicing Entities (NPEs) or Patent Assertion Entities (PAEs) like Realtime Data LLC, due to its plaintiff-friendly local rules, fast-paced dockets, and a reputation for juries that are receptive to patent holders. In 2016, the year this case was filed, the Eastern District of Texas remained the most popular venue for district court patent litigation, with a significant majority of cases brought by NPE plaintiffs. This venue's appeal was particularly pronounced before the 2017 TC Heartland Supreme Court decision, which subsequently restricted patent venue, making its selection for cases filed in 2016 notable for leveraging the advantages the district offered to patent plaintiffs at that time.

Key Legal Developments and Outcome for Realtime Data LLC v. Dell Inc., et al. (6:16-cv-00089)

This patent infringement litigation, filed in the Eastern District of Texas, involves U.S. Patent No. 8,643,513 and other patents. The case saw significant activity, including a stay pending Inter Partes Review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB).

Chronological Legal Developments:

• 2016-02-26: Complaint Filed. Plaintiff Realtime Data LLC (doing business as IXO) filed the initial complaint for patent infringement against Dell Inc. and EMC Corporation. Additional defendants, iland Internet Solutions Corporation and Veeam Software Corporation, were also named in the initial complaint.
• 2016-06-09: Amended Complaint Filed. Realtime Data LLC filed an Amended Complaint for Patent Infringement against Dell Inc. and EMC Corporation.
• 2016-08-30: Defendant EMC Corporation's Answer and Defenses. EMC Corporation filed its answer and defenses to the Plaintiff's Second Amended Complaint.
• Stay Pending IPR: The district court action was stayed pending the outcome of inter partes review (IPR) proceedings at the PTAB concerning the asserted patents. This was a common practice in related cases involving Realtime Data LLC.
• 2017-07-25: IPR Oral Hearing. An oral hearing was held for IPR2016-00978, which challenged the validity of U.S. Patent No. 8,643,513. The petitioners in this IPR included several entities, notably Dell Inc.
• 2017-07-31: Partial Termination of IPR2017-01664. In a related IPR (IPR2017-01664) also involving U.S. Patent No. 8,643,513 (among others), Petitioner Rackspace US, Inc. and Patent Owner Realtime Data LLC jointly requested termination of proceedings with respect to Rackspace due to a settlement. NetApp Inc., another petitioner, consented, and the proceeding continued with NetApp.
• 2018-07-27: Motion to Lift Stay Granted & Severance of Claims. The Court granted Realtime's motions to lift the stay in 6:16-cv-00089 and related actions. Significantly, the Court ordered that Realtime's claims as to U.S. Patent Nos. 7,415,530, 9,116,908, and 9,054,728 be severed into new individual actions. This suggests that the claims related to U.S. Patent No. 8,643,513 were either retained in 6:16-cv-00089 or had a different disposition.

Outcome:

While specific docket entries detailing a final judgment or dismissal solely for U.S. Patent No. 8,643,513 in 6:16-cv-00089 after the stay was lifted are not explicitly available in the provided search results, the overall context of numerous related cases and IPRs involving Realtime Data LLC suggests that such litigations often lead to settlements or dismissals following PTAB decisions. The "critical" status of the case typically indicates ongoing or recently concluded significant activity. However, without a specific, cited docket entry for the final outcome of the '513 patent claims in 6:16-cv-00089 (e.g., dismissal, judgment, or specific settlement filing), a definitive conclusion on the final disposition for this particular patent in this specific case cannot be definitively stated from the provided information.

Note: No specific Markman (claim construction) order for 6:16-cv-00089 related to the '513 patent was found in the provided search results. Likewise, details regarding specific discovery milestones, trial events, or post-trial motions for this particular patent in this case are not available.

Based on publicly available information and common practice in the Eastern District of Texas patent litigation, the following counsel are identified as likely representing the plaintiff, Realtime Data LLC, in case 6:16-cv-00089. While a direct docket entry for this specific case listing all counsel was not accessible, information from highly related cases in the same court and time period, involving the same plaintiff, strongly indicates the involvement of these firms and attorneys.

Plaintiff(s): Realtime Data LLC

Counsel of Record for Realtime Data LLC:

• Firm: Russ August & Kabat (Los Angeles, CA)

  • Marc A. Fenster (Lead Counsel)
    • Known for extensive experience in patent litigation, particularly representing patent owners in various technology fields.
  • Jay Y. Chung (Lead Counsel)
    • Frequently represents Realtime Data LLC in patent infringement actions.
  • Reza Mirzaie (Lead Counsel)
    • Regularly appears for Realtime Data LLC in patent litigation.
  • Brian D. Ledahl (Lead Counsel)
    • Involved in patent infringement cases for Realtime Data LLC.
  • Philip X. Wang (Lead Counsel)
    • Represents Realtime Data LLC in patent disputes.
  • Ahsan Ghazaly Imam (Lead Counsel)
    • Listed as counsel for Realtime Data LLC in EDTX patent litigation.

• Firm: Ward, Smith & Hill, PLLC (Longview, TX)

  • Thomas John Ward, Jr. (Local Counsel)
    • Co-founder of Ward, Smith & Hill, recognized for high-stakes intellectual property trials in the Eastern District of Texas.
  • Andrea Leigh Fair (Local Counsel)
    • Recognized for excellence in intellectual property litigation and securing significant jury verdicts in patent infringement cases.
  • Claire Abernathy Henry (Local Counsel)
    • Represents plaintiffs and defendants in high-stakes patent litigation matters in the Eastern and Western Districts of Texas.

Note: The specific roles (e.g., "lead counsel," "local counsel") are assigned based on typical firm involvement in Eastern District of Texas patent cases, where national firms often partner with local counsel for appearances and local expertise. The patent litigation experience is drawn from general firm descriptions and attorney profiles across multiple sources. Direct docket entries for 6:16-cv-00089 detailing specific appearances were not directly accessible for this report.

I am unable to directly access PACER or proprietary docket systems to retrieve the precise appearance of counsel for case 6:16-cv-00089 in the Eastern District of Texas. While general information about Dell's and EMC's in-house and external patent litigation counsel, such as Peter Jovanovic (Dell in-house) and Brian Rosenthal (Gibson Dunn), is available, this does not confirm their specific appearance in this particular case and role (e.g., lead counsel, local counsel). The search results indicate that Dell Inc. and EMC Corporation are indeed defendants in 6:16-cv-00089 with patent 8,643,513 at issue. Without direct access to the docket for this specific case, I cannot definitively identify the counsel of record who formally appeared for these defendants.

Therefore, I cannot provide a definitive list of counsel of record for the defendant(s) in this case with specific roles, firms, office locations, and relevant patent litigation experience. Access to the official docket of 6:16-cv-00089 in the Eastern District of Texas would be required to obtain this precise information.