Feeds

Google suffers patent blow

Hyperphrase case rumbles on

The essential guide to IT transformation

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. ®

The essential guide to IT transformation

More from The Register

next story
GCHQ protesters stick it to British spooks ... by drinking urine
Activists told NOT to snap pics of staff at the concrete doughnut
Britain's housing crisis: What are we going to do about it?
Rent control: Better than bombs at destroying housing
What do you mean, I have to POST a PHYSICAL CHEQUE to get my gun licence?
Stop bitching about firearms fees - we need computerisation
Top beak: UK privacy law may be reconsidered because of social media
Rise of Twitter etc creates 'enormous challenges'
Redmond resists order to hand over overseas email
Court wanted peek as related to US investigation
Ex US cybersecurity czar guilty in child sex abuse website case
Health and Human Services IT security chief headed online to share vile images
NZ Justice Minister scalped as hacker leaks emails
Grab your popcorn: Subterfuge and slur disrupts election run up
prev story

Whitepapers

Endpoint data privacy in the cloud is easier than you think
Innovations in encryption and storage resolve issues of data privacy and key requirements for companies to look for in a solution.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Advanced data protection for your virtualized environments
Find a natural fit for optimizing protection for the often resource-constrained data protection process found in virtual environments.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.