Plaintiff
3 cases as plaintiff.
Realtime Data LLC is a private, inventor-owned research and development company headquartered in White Plains, New York, founded in 1998. It operates primarily as a patent assertion entity (PAE) or non-practicing entity (NPE), often doing business as IXO. The company is controlled by patent lawyers Jerry Padian and Richard Tashjian. Information regarding employee count or revenue for Realtime Data LLC as a patent assertion entity is not publicly available, though a different entity with a similar name, "Realtime Data Solutions" in Bulgaria, reports 1-10 employees and an estimated annual revenue of $256,665.
Realtime Data LLC's operations focus on asserting its intellectual property rather than selling commercial products or services. Its portfolio centers on over 50 patents related to data compression and acceleration technologies, including systems for data compression, encoding, decoding, accelerated storage, and retrieval. This technology is described as accelerating data storage, retrieval, transmission, and reception, with its patents having been licensed to companies in computing, wireless, streaming media, WAN acceleration, and financial services.
The company maintains an active patent litigation posture, primarily as a plaintiff asserting its acquired portfolio. Its litigation strategy is prolific, involving dozens of infringement actions across multiple jurisdictions, targeting products with data compression, storage, and networking features. The single plaintiff case tracked in the Eastern District of Texas (2016) aligns with the common practice of NPEs filing in this plaintiff-friendly venue. Realtime Data LLC has also appeared as a defendant in one case before the Patent Trial and Appeal Board (PTAB) in 2017, initiated by Unified Patents LLC to challenge the validity of its patents.
Notable context includes Realtime Data LLC's involvement in a petition for writ of certiorari to the U.S. Supreme Court in 2023, where it sought review of patent eligibility under Section 101 for seven of its data compression patents against Fortinet, Inc. and other co-defendants, which the Supreme Court denied. The company also received $44.5 million in litigation funding from Brickell Key Investments LP between 2015 and 2016 to pursue patent litigation against major technology companies. Its affiliate, Realtime Adaptive Streaming, LLC, has also been involved in similar patent assertions and PTAB proceedings, notably abandoning a patent after an IPR was instituted by Unified Patents.
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The case was dismissed with prejudice on January 24, 2024, by joint stipulation, with each party bearing its own costs. This case involved US Patents 9054728B2, 9116908B2, 7415530B2, and 8717204B2, but not specifically 8643513.
In October 2022, the court granted Carbonite's motion for entry of judgment. Claims related to a first patent were dismissed as moot (deemed unpatentable by the PTAB). Carbonite was entitled to judgment on the remaining three patents based on collateral estoppel, as they had been deemed invalid under 35 U.S.C. § 101 by the District of Delaware. This case involved four patents related to data compression, but the provided text does not explicitly name US8643513.
Realtime Data, LLC sued Carbonite, Inc. and EVault, Inc. for infringing four data compression patents. The court granted judgment based on collateral estoppel, relying on a Delaware decision deeming the patents invalid under § 101. Realtime appealed the decision.