MOVE, INC. v. REAL ESTATE ALLIANCE LTD.

No. 2010-1236.

MOVE, INC., NATIONAL ASSOCIATION OF REALTORS, AND NATIONAL ASSOCIATION OF HOME BUILDERS, Plaintiffs/Counterclaim Defendants-Appellees, AND RE/MAX INTERNATIONAL, INC., ADVANCED ACCESS, ENEIGHBORHOODS, LLC, BRAD KORB, CHRISTY MORRISON, ORANGE COUNTY MULTIPLE LISTING SERVICE, INC. (DOING BUSINESS AS SOUTHERN CALIFORNIA MLS), KELLER WILLIAMS REALTY, INC., NORCAL GOLD, INC. (DOING BUSINESS AS RE/MAX GOLD, INC.), GEORGIA MLS, INC., METROLIST SERVICES, INC., DELAWARE VALLEY REAL ESTATE INFORMATION NETWORK, INC. (DOING BUSINESS AS TREND), RAPATTONI CORPORATION, BIRDVIEW.COM, INC. (DOING BUSINESS AS BIRDVIEW TECHNOLOGIES), DELTA MEDIA GROUP, INC., FRANK HOWARD ALLEN REALTORS, ALAIN PINEL REALTORS, INC., PULTE HOMES, INC., THE RYLAND GROUP, INC., SHEA HOMES, TAYLOR MORRISON, INC. (FORMERLY KNOWN AS TAYLOR WOODROW, INC.), AVALONBAY COMMUNITIES, INC., ESSEX PROPERTY TRUST INC., BRE PROPERTIES, INC., RIVERSTONE RESIDENTIAL GROUP, LLC, THE FIRST AMERICAN CORPORATION, FIDELITY NATIONAL REAL ESTATE SOLUTIONS, LLC, IHOMEFINDER, INC., CIS DATA SYSTEMS, INC., DIVERSE SOLUTIONS, LLC, TREND SOFTWARE, INC. (DOING BUSINESS AS PROPERTYMINDER), PAYMON GHAFOURI, NATIONAL ASSOCIATION OF NEW HOME BUILDERS, AND WANISOFT CORPORATION, Counterclaim Defendants, v. REAL ESTATE ALLIANCE LTD., Defendant/Counterclaimant-Appellant, AND EQUIAS TECHNOLOGY DEVELOPMENT LLC, Defendant/Counterclaimant.

United States Court of Appeals, Federal Circuit.

Decided: March 22, 2011.


Attorney(s) appearing for the Case

ROBIN L. MCGRATH , Alston & Bird LLP, of Atlanta, Georgia, argued for plaintiffs/counterclaim defendants-appellees. With her on the brief was FRANK G. SMITH, III.

LOUIS M. SOLOMON , Cadwalader, Wickersham & Taft LLP, of New York, New York, argued for defendant/counterclaimant-appellant. With him on the brief were CHRISTOPHER A. HUGHES , COLIN A. UNDERWOOD , TONY V. PEZZANO , MICHAEL P. DOUGHERTY and REBEKKA C. NOLL .

Before GAJARSA, LINN, and MOORE, Circuit Judges.


This disposition is nonprecedential

MOORE, Circuit Judge.

Appellant Real Estate Alliance Ltd. (REAL) appeals the district court's judgment that Move, Inc. et al. (Move) do not infringe claim 1 of REAL's U.S. Patent No. 5,032,989 (the '989 patent). We conclude that the district court erred in its claim construction, and vacate and remand for further proceedings.

BACKGROUND

Move filed suit seeking declaratory judgment that REAL's U...

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