MOVE, INC. v. REAL ESTATE ALLIANCE LTD.

No. 2012-1342.

709 F.3d 1117 (2013)

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 know 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.

March 4, 2013.


Attorney(s) appearing for the Case

Robin L. McGrath , Paul Hastings LLP, of Atlanta, GA, argued for plaintiffs/counterclaim defendants-appellees. Of counsel on the brief was Frank G. Smith, III , Alston & Bird, LLP, of Atlanta, GA.

Rebekka C. Noll , Cadwalader, Wickersham & Taft, LLP, of New York, NY, argued for defendant/counterclaimant-appellant. With her on the brief were Louis M. Solomon and Colin A. Underwood .

Before RADER, Chief Judge, LOURIE, and MOORE, Circuit Judges.


LOURIE, Circuit Judge.

Real Estate Alliance Ltd. ("REAL") appeals from the decision of the United States District Court for the Central District of California granting summary judgment that Move, Inc. ("Move") does not infringe claim 1 of REAL's U.S. Patent 5,032,989 (the "'989 patent"). Move, Inc. v. Real Estate Alliance Ltd., No. 07-2185 (C.D.Cal. Jan. 26, 2012), ECF No. 493 ("Remand Order"). We vacate the court's grant of summary judgment and remand...

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