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Quest Licensing Corp. v. Bloomberg L.P.

United States District Court, D. Delaware

January 19, 2017

QUEST LICENSING CORPORATION Plaintiff,
v.
BLOOMBERG L.P. and BLOOMBERG FINANCE L.P, Defendants. QUEST LICENSING CORPORATION Plaintiff,
v.
INTERACTIVE DATA CORPORATION Defendant. QUEST LICENSING CORPORATION Plaintiff,
v.
THE CHARLES SCHWAB CORPORATION ET AL., Defendant.

          MEMORANDUM

         I. INTRODUCTION

         The plaintiff, Quest Licensing Corporation ("Quest"), filed complaints against defendants Bloomberg L.P. and Bloomberg Finance L.P. (collectively, "Bloomberg"), Interactive Data Corporation ("IDC"), FactSet Research Systems, Inc., and SunGard Data Systems[1] alleging infringement of U.S. Patent No. 7, 194, 468 ("the '468 patent"). Presently before the court is defendants' Motion for Summary Judgment of Non-Infringement of the '468 patent. (D.I. 193.) For the reasons that follow, the court will grant defendants' motion for summary judgment of noninfringement of the '468 patent.

         II. BACKGROUND

         Quest accuses the defendants of infringing claims 1-3, 6, 10-12, 14, 15, 26, and 29-32 of the '468 patent. The '468 patent discloses an apparatus and a method enabling a subscriber to receive via mobile telecommunications network information that is updated in real time such as financial market information. Claim 1 of the '468 patent reads as follows:

         Apparatus for supplying interested subscribers via a mobile telecommunications network changing information for each of a plurality of different sets of data, the apparatus comprising:

first receiving means for receiving said changing information;
second receiving means for receiving said changing information in synchronism with said first receiving means;
a data base for storing information received by the first receiving means relating to said different sets of data; communication means for storing, for each interested subscriber, information associating that interested subscriber with a corresponding group of said different sets of data;
a subscriber profile store for storing, for each interested subscriber, information associating that interested subscriber with a corresponding group of said different sets of data;
means for supplying to each interested subscriber via the mobile telecommunications network information from the data base for the corresponding group of data sets associated in the subscriber profile store with that interested subscriber when communication with that interested subscriber is established; and
means for supplying from said second receiving means to each interested subscriber via the mobile telecommunications network changing information relating to the corresponding group of data sets associated with that interested subscriber once said information has been supplied to that interested subscriber from the data base.

'468 patent at 18:28-57 (emphasis added). All of the asserted claims require receiving and/or supplying "changing information." (Id. at 18:28-24:59.)

         The court issued its Order (D.I. 138) construing the disputed claim terms of the '468 patent on March 11, 2016. On September 9, 2016, the defendants filed a letter request for summary judgment with the court, seeking a judgment of non-infringement of all asserted claims. (D.I. 176.) The court granted defendants' request on November 15, 2016. (D.I. 191.) Defendants move for summary judgment of non-infringement on the grounds that the defendants' accused ...


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