Realtime Data Offers Covenant Not to Sue through ICAP Patent Brokerage
The Covenant Covers Patents Related to Data Compression and the
“FIX Adapted for Streaming” (FAST) Protocol, an Industry Standard
Used by Options, Futures, and Equity Exchanges
Chicago
–
(August 24, 2011)
–
,a division of ICAP plc and the world‘s largest
intellectual property and patent auction firm today announced that it will offer a Covenant Not to Sue (CNS)
from Realtime Data (―Realtime‖) at its upcoming CNS Auction September 27
th
in Los Angeles. The CNS
covers Realtime‘s growing patent portfolio of thirty
-five patents and pending patent applications protectingnumerous compression technologies developed by Realtime, including the compression technologies
adopted by the financial industry for use in the Fix Adapted for Streaming (FAST) protocol. Realtime‘s
compression technologies enable real time, low-latency transmission and reception of financial market data
essential to trading futures, equities and options on exchanges around the world. Realtime‘s patented
compression technologies greatly reduce bandwidth and infrastructure costs and increase trading revenuesand profits.Realtime is currently engaged in patent litigation with a number of major banks, exchanges, and market dataproviders, as follows:BATS TradingBloombergCME GroupCredit SuisseGoldman SachsBNY ConvergexHSBC BankPenson / NexaFactSetInteractive DataBoston Option Exchange (BOX)International Securities Exchange (ISE)NASDAQ OMXNYSE EuronextSouthwest Securities (SWS)Thomson ReutersMorgan StanleyJP Morgan ChaseChicago Board Options Exchange (CBOE)Options Price Reporting Authority (OPRA)Securities Industry Automation Corporation (SIAC)The following patents are asserted in the litigations
—
U.S. Patent Nos. 6,624,761; 7,161,506; 7,400,274;7,417,568; 7,714,747; 7,777,651. Realtime reported that the validity of many of the claims in these patentswas recently confirmed by the United States Patent Office in ongoing patent reexamination proceedings,including confirmation of nearly all claims
—
more than one hundred patents claims were confirmed
—
in the
‗651 patent. According to Realtime,
the Patent Office considered and rejected numerous alleged
―Substantial New Questions of Patentability‖ containing thousands of proposed rejections advanced bycounsel for the defendants, confirming the scope and validity of Realtime‘s patented inventions.
A CNS is an agreement that prevents assertion of a party‘s right to litigation. A company entering into a CNS
with respect to the Realtime patents would gain the freedom to operate under the Realtime patents, andwould avoid the uncertainty inherent in patent infringement litigation.
―Realtime‘s participation in our CNS auction further validates this new medium of alternative dispute
resolution. By granting all interested parties an opportunity to make an anonymous market bid to resolvetheir diff
erences, the CNS program truly levels the IP litigation playing field,‖ commented ICAP PatentBrokerage‘s Senior Vice President Kevin Fiur.