Feeds

Google suffers patent blow

Hyperphrase case rumbles on

High performance access to file storage

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. ®

Combat fraud and increase customer satisfaction

More from The Register

next story
Putin tells Snowden: Russia conducts no US-style mass surveillance
Gov't is too broke for that, Russian prez says
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Edward Snowden on his Putin TV appearance: 'Why all the criticism?'
Denies Q&A cameo was meant to slam US, big-up Russia
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Judge halts spread of zombie Nortel patents to Texas in Google trial
Epic Rockstar patent war to be waged in California
Reprieve for Weev: Court disowns AT&T hacker's conviction
Appeals court strikes down landmark sentence
German space centre endures cyber attack
Chinese code retrieved but NSA hack not ruled out
prev story

Whitepapers

SANS - Survey on application security programs
In this whitepaper learn about the state of application security programs and practices of 488 surveyed respondents, and discover how mature and effective these programs are.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.