This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Business Law
Unfair Business Practices
Interference with Contractual Relations

Move Inc., National Association of Realtors, National Association of Home Builders v. Real Estate Alliance Ltd., Equias Technology Development

Published: Feb. 11, 2017 | Result Date: Dec. 20, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 2:07-cv-02185-GHK-AJW Bench Decision –  Plaintiff

Court

USDC Central


Attorneys

Plaintiff

Louis A. Karasik

Frank G. Smith III

Wes Achey

Robin L. McGrath


Defendant

Lawrence A. Husick

Deborah A. Logan
(Lipton Weinberger and Husick)


Facts

In April 2007, Move Inc. National Association of Realtors, and National Association of Home Builders sued Real Estate Alliance Ltd. and Equias Technology Development. Real Estate Alliance, in turn, filed counterclaims against plaintiffs and other defendants, including National Association of Realtors, and National Association of Home Builders.

Contentions

PLAINTIFFS/COUNTER-DEFENDANTS' CONTENTIONS:
Move operates websites that focus on home and real estate-related content. Move garners a great amount of revenue from advertisers. Among other things, its websites display real estate properties available for sale and it also sells "enhanced" listings to real estate professionals. National Association of Realtors is a real estate industry trade organization. Move operates National Association of Realtors' official site, Realtor.com. National Association of Home Builders is a business organization comprising of homebuilders, remodelers, and associations. Move also operates National Association of Home Builders' official site, the "Official New Homes site."

Real Estate Alliance allegedly owned the rights to U.S. Patent Nos. 4,870,576 and 5,032,989, which deal with a particular method of searching and locating available real estate properties for sale on a computer using a map. Equias is Real Estate Alliance's agent that solicits licenses for those patents. Equias operated the competing website findahome.com. Real Estate Alliance brought claims against Move, National Association of Realtors and National Association of Home Builders for patent infringement in connection with various Move-operated websites. Real Estate Alliance also threatened users of Move's websites with infringement and legal penalties unless they stop listing properties on Move's websites.

Move filed this action for declaratory judgment and injunctive relief that the asserted patents are invalid, unenforceable, and not infringed. Plaintiffs also asserted causes of action for interference with contractual relations, intentional interference with prospective economic advantage, unfair competition, unfair business practices, and libel.

Move denied counterclaim-plaintiff's allegations.

DEFENDANTS/COUNTERCLAIM-PLAINTIFFS' CONTENTIONS:
The parties each denied the allegations and asserted various affirmative defenses. In its counterclaim, Real Estate Alliance alleged patent infringement.

Result

The court held that the disputed patents were invalid and not infringed. As such, it entered judgment in favor of Move, National Association of Realtors, and National Association of Home Builders.

Other Information

According to defense, Real Estate Alliance Ltd. has filed an appeal to the CAFC, its fourth. Real Estate Alliance has prevailed in each appeal, and the court's prior rulings against the patent have been reversed.


#113333

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390