Feeds

Google suffers patent blow

Hyperphrase case rumbles on

Top 5 reasons to deploy VMware with Tegile

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. ®

Beginner's guide to SSL certificates

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
DOUBLE BONK: Testy fanbois catch Apple Pay picking pockets
Users wail as tapcash transactions are duplicated
Happiness economics is bollocks. Oh, UK.gov just adopted it? Er ...
Opportunity doesn't knock; it costs us instead
YARR! Pirates walk the plank: DMCA magnets sink in Google results
Spaffing copyrighted stuff over the web? No search ranking for you
In the next four weeks, 100 people will decide the future of the web
While America tucks into Thanksgiving turkey, the world will be taking over the net
Microsoft EU warns: If you have ties to the US, Feds can get your data
European corps can't afford to get complacent while American Big Biz battles Uncle Sam
prev story

Whitepapers

Choosing cloud Backup services
Demystify how you can address your data protection needs in your small- to medium-sized business and select the best online backup service to meet your needs.
Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.