TD Ameritrade and E*TRADE Prevail in Summary Judgment of Noninfringement in Droplets Patent Suit

On March 9, 2015, a New York federal judge granted summary judgment in favor of defendants TD Ameritrade, Inc. and E*TRADE Corp., finding that they do not infringe plaintiff Droplets' U.S. Patent No. 6,687,745. In her order, U.S. District Judge Colleen McMahon ruled that the accused JavaScript code used by the defendants' websites could not be the "interactive link" required by Droplets' patent claims, and that the defendants' websites therefore do not infringe Droplets' patent as a matter of law. The court had previously ruled in the defendants' favor on claim construction following a Markman hearing with live expert testimony in January 2014. This case was pending before the Southern District of New York because the defendants previously prevailed on a motion to transfer the litigation out of the Eastern District of Texas.

Wilson Sonsini Goodrich & Rosati represented the defendants in this matter. The WSGR team representing TD Ameritrade and E*TRADE includes partners Michael B. Levin and Jessica Margolis, and associates Brian Range and Madeleine Greene.

The patent-in-suit is U.S. Patent No. 6,687,745.