No Early Claim Construction or Summary Judgment to Address Section 101 Challenge

The court denied defendants' motion for early claim construction and summary judgment proceedings regarding their defense of lack of patentable subject matter. "While the Court previously raised the possibility of seeking early claim construction in its Report & Recommendation, the Court finds that the claim construction issue raised by the parties in the letter briefs does not present a clearly dispositive issue that warrants special scheduling under the Court’s Docket Control Order. Indeed, in asking the Court to construe the term 'data' in an early proceeding, Defendants’ contend that the patents-in-suit broadly discuss all types of data 'some easily recognizable to humans and some not.' Thus, even accepting Defendants’ position, an early claim construction proceeding would not necessarily result in a clear finding that the patents are directed towards patent-ineligible subject matter in this case."

Realtime Data LLC d/b/a IXO v. Actian Corporation et al, 6-15-cv-00463 (TXED March 8, 2016, Order) (Love, M.J.)