Feeds

Google suffers patent blow

Hyperphrase case rumbles on

The Power of One Infographic

Google has been hit by a setback in a patent row with Hyperphrase Technologies, LLC. A federal appeals court in Wisconsin yesterday rejected part of a summary judgment that could have worked to Google's advantage in the case.

In June last year the search engine giant was slapped with a lawsuit in which Madison-based software firm Hyperphrase Technologies, LLC and Hyperphrase Inc claimed that Google had infringed four patents used to make AutoLink and AdSense.

The district court in Wisconsin later rejected the case and granted summary judgement in favour of Google.

But the US Court of Appeals for the Federal Circuit said it, in fact, partially upheld the summary judgment, partially vacated it and remanded the case for further proceedings in the district court.

The federal appeals court agreed that Google's AdSense tool did not infringe upon Hyperphrase's patents.

However, it was divided in the case of AutoLink. It said that Google did not infringe on one of the Hyperphrase patents, but the court vacated a summary judgment in favour of Google on two others, thereby slinging the case back into the arms of the district court.

Google's managing counsel for litigation Michael Kwun said:

"We're very pleased that the Federal Circuit agreed that AdSense does not infringe any of Hyperphrase's patents. We continue to believe the remaining claims in the lawsuit are without merit, and will vigorously defend against those claims."

This is not the first time Hyperphrase has attempted to sue a software giant. In 2003 it filed an intellectual property lawsuit against Microsoft in which it alleged the infringement of three patents used in Office XP and claimed $2bn in damages.

But Hyperphrase lost that particular battle with the district court ruling in favour of Redmond.

The full federal appeals court ruling can be viewed here. ®

Boost IT visibility and business value

More from The Register

next story
Yorkshire cops fail to grasp principle behind BT Fon Wi-Fi network
'Prevent people that are passing by to hook up to your network', pleads plod
UK government officially adopts Open Document Format
Microsoft insurgency fails, earns snarky remark from UK digital services head
Major problems beset UK ISP filth filters: But it's OK, nobody uses them
It's almost as though pr0n was actually rather popular
HP, Microsoft prove it again: Big Business doesn't create jobs
SMEs get lip service - what they need is dinner at the Club
ITC: Seagate and LSI can infringe Realtek patents because Realtek isn't in the US
Land of the (get off scot) free, when it's a foreign owner
MPs wave through Blighty's 'EMERGENCY' surveillance laws
Only 49 politcos voted against DRIP bill
Help yourself to anyone's photos FOR FREE, suggests UK.gov
Copyright law reforms will keep m'learned friends busy
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Reducing security risks from open source software
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.