This case was last updated from U.S. District Courts on 10/04/2025 at 11:15:05 (UTC).

SAP SE et al v. TSX Alpha U.S. Inc.

Case Summary

On 02/27/2025 SAP SE filed an Intellectual Property - Patent lawsuit against TSX Alpha U S Inc. This case was filed in U.S. District Courts, Delaware District. The Judge overseeing this case is Maryellen Noreika. The case status is Open.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:25-cv-00232

  • Filing Date:

    02/27/2025

  • Case Status:

    Open

  • Case Type:

    Intellectual Property - Patent

Complaint

process by serving its registered agent, The Corporation Trust Company, Corporation Trust Center, .

JURISDICTION AND VENUE

5. This action arises under the patent laws of the United States, Title 35 of the United States Code. This Court has original subject matter jurisdiction under 28 U.S.C. §§ 1331 (federal question) and 1338 (a) (action arising under an Act of Congress relating to patents).

6. This Court has general personal jurisdiction over TSX Alpha because as a Delaware corporation, TSX Alpha resides in Delaware.

7. Venue is also proper in this District because, as a Delaware corporation, TSX Alpha resides in this district. 28 U.S.C. § 1400 (b).

PLAINTIFFS’ LEADING TECHNOLOGY

8. SAP, including its affiliates such as Sybase, Inc., is a global leader in enterprise applications and business Artificial Intelligence. For over fifty years, Plaintiffs have been serving their customers by uniting business critical operations spanning finance, procurement, human resources, supply chain, and customer experience. Plaintiffs have obtained numerous patents for their innovations from the United States Patent and Trademark Office.

9. Plaintiffs serve a pivotal role in driving the evolution of the global business landscape by exploring and scaling emerging technologies in the business context, building upon the latest app developments, and enabling modern, cloud-native, more-compliant and more-secure software development practices, and providing a human-centric user experience across all devices.

10. Plaintiffs’ product and service innovations span a large variety of products and services, including those related to human capital management, extended planning and analysis, customer experience, and spend management for businesses.


Page 2

11. The ’886 Patent, titled “Continuous processing language for real-time data streams,” was duly and lawfully issued on March 12, 2013 . Sybase, Inc. is the owner of all right, title, and interest in the ’886 Patent, including the right to sue for past infringement. The ’886 Patent is valid and enforceable. A true and correct copy of the ’886 Patent is attached as Exhibit 1. The ’886 Patent is directed to a non-conventional technical solution to a technical problem, e.g., “a computer software language for expressing registered queries that operate on one . . . or more data streams continuously,” which “may be used in a system where queries are registered with a server and execute continuously.” Ex. 1 at 3:32-36.

12. The ’035 Patent, titled “Operational information providers,” was duly and lawfully issued on October 1, 2013 . SAP SE is the owner of all right, title, and interest in the ’035 Patent, including the right to sue for past infringement. The ’035 Patent is valid and enforceable. A true and correct copy of the ’035 Patent is attached as Exhibit 2. The ’035 Patent is directed to a non-conventional technical solution to a technical problem, e.g., “a method of using operational information providers to standardize and unify data access to operational data” (Ex. 2, at 1:5-9) and “using operational information providers to enhance an enterprise service oriented architecture (ESOA) and other such architectures by providing an interface to operational data that can be optimized for data and metadata retrieval” (id. at 2:20-25).

TSX ALPHA’S ALPHAX US PRODUCT

13. Defendant TSX Alpha provides AlphaX US: a US equity alternative trading system that offers SEC registered brokers and/or dealers a venue for executing trading strategies. https://www.tmxalphaus.com/faq/.

14. AlphaX US participants (that is, subscribers to AlphaX US) may use AlphaX Hub, an optional interface for AlphaX US available online. AlphaX Form ATS-N/UA filed Jan. 15,

Page 3

Judge Details

Presiding Judge

Maryellen Noreika

 

Party Details

Plaintiffs

SAP SE

Sybase, Inc.

Defendant

TSX Alpha U.S. Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

James L. Davis, Jr.

Megan S. Woodworth

Kathryn C. Thornton

Jason M. Dorsky

James R. Batchelder

Frank C. Cimino, Jr.

Daniel A. O'Brien

Defendant Attorneys

John Douglass

Daniel M. Silver

Alexandra M. Joyce

 

Court Documents

#55

(#55) MOTION for Pro Hac Vice Appearance of Attorney Brianna Vinci - filed by SAP SE, Sybase, Inc., Business Objects Software Ltd. t/a SAP Solutions, BUSINESS OBJECTS SOFTWARE LTD., Business Objects Software Ltd. t/a SAP Solutions, Sybase Inc.. (O'Brien, Daniel) (Entered: 10/03/2025)

#54

(#54) MOTION for Pro Hac Vice Appearance of Attorney Joshua Calabro - filed by SAP SE, Sybase, Inc., Business Objects Software Ltd. t/a SAP Solutions, BUSINESS OBJECTS SOFTWARE LTD., Business Objects Software Ltd. t/a SAP Solutions, Sybase Inc.. (O'Brien, Daniel) (Entered: 10/03/2025)

#52

(#52) NOTICE OF SERVICE of (1) Defendant TSX Alpha U.S. Inc.'s First Set of Interrogatories to Plaintiffs and (2) Defendant TSX Alpha U.S. Inc.'s First Set of Requests for Production to Plaintiffs filed by TSX Alpha U.S. Inc..(Joyce, Alexandra) (Entered: 10/03/2025)

#51

(#51) SCHEDULING ORDER: Joinder of Parties due by 4/3/2026. Amended Pleadings due by 4/3/2026. Fact Discovery completed by 10/2/2026. Opening Expert Reports due by 3/26/2027. Rebuttal Expert Reports due by 5/4/2027. Reply Expert Reports due by 6/4/2027. Expert Discovery due by 7/9/2027. Dispositive Motions due by 8/6/2027. Answering Brief due 9/3/2027. Reply Brief due 9/17/2027. Claim Construction Opening Brief served by 10/23/2026. Claim Construction Answering Brief served by 11/20/2026. Claim Construction Reply Brief served by 12/4/2026. Claim Construction Surreply Brief served by 12/18/2026. Joint Claim Construction Brief filed by 1/8/2027. A Markman Hearing is set for 1/28/2027 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 1/17/2028 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 1/24/2028 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 10/3/2025. (dlw) (Entered: 10/03/2025)

#50

(#50) NOTICE OF SERVICE of (i) Plaintiffs SAP SE, Business Objects Software Ltd t/a SAP Solutions, and Sybase, Inc.'s First Set of Common Requests for Production (Nos. 1-48) to Defendants Trayport Limited, TSX Alpha U.S. Inc., and TSX Inc. and (ii) Plaintiffs SAP SE, Business Objects Software Ltd t/a SAP Solutions, and Sybase, Inc.'s First Set of Interrogatories (Nos. 1-9) to Defendants Trayport Limited, TSX Alpha U.S. Inc., and TSX Inc. filed by SAP SE, Sybase, Inc., Business Objects Software Ltd. t/a SAP Solutions, BUSINESS OBJECTS SOFTWARE LTD., Business Objects Software Ltd. t/a SAP Solutions, Sybase Inc..(O'Brien, Daniel) (Entered: 10/02/2025)

#49

(#49) PROPOSED ORDER - // Scheduling Order by SAP SE, Sybase, Inc., Business Objects Software Ltd. t/a SAP Solutions, BUSINESS OBJECTS SOFTWARE LTD., Business Objects Software Ltd. t/a SAP Solutions, Sybase Inc. (O'Brien, Daniel) Modified on 9/26/2025 (dlw). (Entered: 09/25/2025)

#48

(#48) MOTION for Pro Hac Vice Appearance of Attorney Tyler Marandola - filed by SAP SE, Sybase, Inc.. (O'Brien, Daniel) (Entered: 09/24/2025)

#47

(#47) MOTION for Pro Hac Vice Appearance of Attorney Richard Hughes - filed by SAP SE, Sybase, Inc.. (O'Brien, Daniel) (Entered: 09/24/2025)

#46

SO ORDERED re #47 MOTION for Pro Hac Vice Appearance of Attorney Richard Hughes, #48 MOTION for Pro Hac Vice Appearance of Attorney Tyler Marandola, #45 MOTION for Pro Hac Vice Appearance of Attorney Aleksander J. Goranin, #46 MOTION for Pro Hac Vice Appearance of Attorney Gilbert Greene filed by Sybase, Inc., SAP SE. ORDERED by Judge Maryellen Noreika on 9/25/2025. (dlw) (Entered: 09/25/2025)

#4

(#4) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent SAP America, Inc. and SAP SE for Sybase, Inc., filed by SAP SE, Sybase, Inc.. (scs) Modified on 2/28/2025 (nms). (Entered: 02/28/2025)

#3

(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,396,886; 8,549,035. (scs) (Entered: 02/28/2025)

#2

(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (scs) (Entered: 02/28/2025)

1 #5

Civil Cover Sheet

1 #4

Appendix B

1 #3

Appendix A

1 #2

Exhibit 2

1 #1

Exhibit 1

#1

(#1) COMPLAINT for Patent Infringement with Jury Demand against TSX Alpha U.S. Inc. (Filing fee $ 405, receipt number ADEDC-4624961) - filed by SAP SE, Sybase, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Appendix A, #4 Appendix B, #5 Civil Cover Sheet)(scs) (Entered: 02/28/2025)

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Docket Entries

10/03/2025
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Docket(#55) MOTION for Pro Hac Vice Appearance of Attorney Brianna Vinci - filed by SAP SE, Sybase, Inc., Business Objects Software Ltd. t/a SAP Solutions, BUSINESS OBJECTS SOFTWARE LTD., Business Objects Software Ltd. t/a SAP Solutions, Sybase Inc.. (O'Brien, Daniel) (Entered: 10/03/2025)

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10/03/2025
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Docket(#54) MOTION for Pro Hac Vice Appearance of Attorney Joshua Calabro - filed by SAP SE, Sybase, Inc., Business Objects Software Ltd. t/a SAP Solutions, BUSINESS OBJECTS SOFTWARE LTD., Business Objects Software Ltd. t/a SAP Solutions, Sybase Inc.. (O'Brien, Daniel) (Entered: 10/03/2025)

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10/03/2025

Docket(#53) Pro Hac Vice Fee - Credit Card Payment received for Brianna Vinci and Joshua Calabro. ( Payment of $ 100, receipt number ADEDC-4805104).(O'Brien, Daniel) (Entered: 10/03/2025)

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10/03/2025
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Docket(#52) NOTICE OF SERVICE of (1) Defendant TSX Alpha U.S. Inc.'s First Set of Interrogatories to Plaintiffs and (2) Defendant TSX Alpha U.S. Inc.'s First Set of Requests for Production to Plaintiffs filed by TSX Alpha U.S. Inc..(Joyce, Alexandra) (Entered: 10/03/2025)

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10/03/2025
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Docket(#51) SCHEDULING ORDER: Joinder of Parties due by 4/3/2026. Amended Pleadings due by 4/3/2026. Fact Discovery completed by 10/2/2026. Opening Expert Reports due by 3/26/2027. Rebuttal Expert Reports due by 5/4/2027. Reply Expert Reports due by 6/4/2027. Expert Discovery due by 7/9/2027. Dispositive Motions due by 8/6/2027. Answering Brief due 9/3/2027. Reply Brief due 9/17/2027. Claim Construction Opening Brief served by 10/23/2026. Claim Construction Answering Brief served by 11/20/2026. Claim Construction Reply Brief served by 12/4/2026. Claim Construction Surreply Brief served by 12/18/2026. Joint Claim Construction Brief filed by 1/8/2027. A Markman Hearing is set for 1/28/2027 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 1/17/2028 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 1/24/2028 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 10/3/2025. (dlw) (Entered: 10/03/2025)

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10/02/2025
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Docket(#50) NOTICE OF SERVICE of (i) Plaintiffs SAP SE, Business Objects Software Ltd t/a SAP Solutions, and Sybase, Inc.'s First Set of Common Requests for Production (Nos. 1-48) to Defendants Trayport Limited, TSX Alpha U.S. Inc., and TSX Inc. and (ii) Plaintiffs SAP SE, Business Objects Software Ltd t/a SAP Solutions, and Sybase, Inc.'s First Set of Interrogatories (Nos. 1-9) to Defendants Trayport Limited, TSX Alpha U.S. Inc., and TSX Inc. filed by SAP SE, Sybase, Inc., Business Objects Software Ltd. t/a SAP Solutions, BUSINESS OBJECTS SOFTWARE LTD., Business Objects Software Ltd. t/a SAP Solutions, Sybase Inc..(O'Brien, Daniel) (Entered: 10/02/2025)

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09/25/2025
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Docket(#49) PROPOSED ORDER - // Scheduling Order by SAP SE, Sybase, Inc., Business Objects Software Ltd. t/a SAP Solutions, BUSINESS OBJECTS SOFTWARE LTD., Business Objects Software Ltd. t/a SAP Solutions, Sybase Inc. (O'Brien, Daniel) Modified on 9/26/2025 (dlw). (Entered: 09/25/2025)

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09/25/2025
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DocketSO ORDERED re #47 MOTION for Pro Hac Vice Appearance of Attorney Richard Hughes, #48 MOTION for Pro Hac Vice Appearance of Attorney Tyler Marandola, #45 MOTION for Pro Hac Vice Appearance of Attorney Aleksander J. Goranin, #46 MOTION for Pro Hac Vice Appearance of Attorney Gilbert Greene filed by Sybase, Inc., SAP SE. ORDERED by Judge Maryellen Noreika on 9/25/2025. (dlw) (Entered: 09/25/2025)

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09/24/2025
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Docket(#48) MOTION for Pro Hac Vice Appearance of Attorney Tyler Marandola - filed by SAP SE, Sybase, Inc.. (O'Brien, Daniel) (Entered: 09/24/2025)

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09/24/2025
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Docket(#47) MOTION for Pro Hac Vice Appearance of Attorney Richard Hughes - filed by SAP SE, Sybase, Inc.. (O'Brien, Daniel) (Entered: 09/24/2025)

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03/07/2025
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Docket(#8) MOTION for Pro Hac Vice Appearance of Attorney Abed Balbaky - filed by SAP SE, Sybase, Inc.. (O'Brien, Daniel) (Entered: 03/07/2025)

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03/07/2025

Docket(#7) Pro Hac Vice Fee - Credit Card Payment received for James L. Davis, Jr., Jason M. Dorsky, Kathryn C. Thornton, and Megan S. Woodworth. ( Payment of $ 200, receipt number ADEDC-4631630).(O'Brien, Daniel) (Entered: 03/07/2025)

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03/07/2025

Docket(#6) Pro Hac Vice Fee - Credit Card Payment received for Abed Balbaky, James R. Batchelder, Frank C. Cimino, and Meredith Cox. ( Payment of $ 200, receipt number ADEDC-4631609).(O'Brien, Daniel) (Entered: 03/07/2025)

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03/05/2025

DocketCase Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) (Entered: 03/05/2025)

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03/03/2025
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Docket(#5) SUMMONS Returned Executed by SAP SE, Sybase, Inc..TSX Alpha U.S. Inc. served on 3/3/2025, answer due 3/24/2025. (O'Brien, Daniel) (Entered: 03/03/2025)

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02/27/2025

DocketNo Summons Issued. (scs) (Entered: 02/28/2025)

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02/27/2025
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Docket(#4) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent SAP America, Inc. and SAP SE for Sybase, Inc., filed by SAP SE, Sybase, Inc.. (scs) Modified on 2/28/2025 (nms). (Entered: 02/28/2025)

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02/27/2025
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Docket(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,396,886; 8,549,035. (scs) (Entered: 02/28/2025)

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02/27/2025
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Docket(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (scs) (Entered: 02/28/2025)

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02/27/2025
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Docket(#1) COMPLAINT for Patent Infringement with Jury Demand against TSX Alpha U.S. Inc. (Filing fee $ 405, receipt number ADEDC-4624961) - filed by SAP SE, Sybase, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Appendix A, #4 Appendix B, #5 Civil Cover Sheet)(scs) (Entered: 02/28/2025)

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