Move, Inc. v. Real Estate Alliance, Ltd., No. 12-1342 (Fed. Cir. 2013)
Annotate this CaseREAL owns the 989 patent, now expired, directed to methods for locating available real estate properties using a zoom-enabled map on a computer. Move operates and maintains multiple interactive websites that allow users to search for available real estate properties and sought a declaratory judgment that REAL’s patents were invalid and that Move’s websites did not infringe them. REAL counterclaimed, alleging that the “Search by Map” and “Search by Zip Code” functions employed by Move infringed REAL’s claimed search methodologies. In 2009, the parties stipulated to non-infringement based on the district court’s claim construction, and after judgment was entered in favor of Move, REAL appealed regarding only one claim. The Federal Circuit vacated and remanded, holding that “selecting an area” as recited in the claim means that “the user or a computer chooses an area having boundaries, not when the computer updates certain display variables to reflect the selected area.” On remand, the district court entered summary judgment for Move. The Federal Circuit again vacated, holding that while Move cannot be liable for direct infringement, the district court erred by not analyzing inducement under 35 U.S.C. 271(b).
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