On May 25, 2018, the Patent Trial and Appeal Board (“PTAB”) issued a final written decision upholding all claims of Realtime Data’s U.S. Patent 9,054,728. The decision sided against Dell, EMC, HP, HP Enterprise, Teradata, and Veritas, each of which was represented by major law firms.
The Board’s decision emphasized that Petitioners’ combination theory was “undermined” by the cross-examination admissions of their expert, who testified against the theory at the heart of the Petition’s contentions, and who made clear he did not support the Petition’s core allegations. In light of the testimony Noroozi PC obtained from Petitioner’s expert, as well as the testimony offered by Patent Owner’s expert, the Board concluded that the Petition’s allegations did not prevail.
The decision upholds the patentability of thirteen claims of the ‘728 patent, which has been asserted by Realtime Data in fifty-one (51) cases.