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From the News Desk
Friday, 28. December 2007
Google Autolink Still in Court for Patent Infringement
An appeals court has partially overturned a district court decision to throw out a patent lawsuit brought against Google by Hyperphrase.
Hyperphrase had filed the case in April 2006 alleging violation of its patents on data storage and retrieval through Autolink and AdSense features in Google's toolbar.
The company said that it was seeking compensation and an order blocking Google from using the technology.
However, a US Federal District Court judge in Madison had ruled against Hyperphrase in its entirety.
The court said it partially upheld the summary judgment, partially vacated it and remanded the case. "The district court's grant of summary judgment is affirmed in part and vacated in part, and the case is remanded," declared the court.
The federal appeals court officially ruled that Google's AdSense tool did not, in fact, infringe upon HyperPhrase's patents.
The court handed down a split decision in the case of AutoLink, basically agreeing that Google did not infringe, as claimed, on one of the HyperPhrase patents. But the court vacated a summary judgment in favor of Google on two others.
Autolink's been part of Google's Web browser tool bar feature since 2005, and it's used to automatically layer on additional hyperlinks to Web pages. Critics have accused Google of using the feature to modify Web pages to chosen partners.
"We're very pleased that the Federal Circuit agreed that AdSense does not infringe any of HyperPhrase's patents," said Michael Kwun, a lawyer for Google. "We continue to believe the remaining claims in the lawsuit are without merit, and will vigorously defend against those claims."
Hyperphrase previously sued Microsoft over Smart Tags included in the company's Microsoft Office application suite; the case was dismissed in 2003 in a summary judgement that found Hyperphrase's 2000 patent on "tiered and content-based database searching" wasn't applicable to Smart Tags.
Hyperphrase had filed the case in April 2006 alleging violation of its patents on data storage and retrieval through Autolink and AdSense features in Google's toolbar.
The company said that it was seeking compensation and an order blocking Google from using the technology.
However, a US Federal District Court judge in Madison had ruled against Hyperphrase in its entirety.
The court said it partially upheld the summary judgment, partially vacated it and remanded the case. "The district court's grant of summary judgment is affirmed in part and vacated in part, and the case is remanded," declared the court.
The federal appeals court officially ruled that Google's AdSense tool did not, in fact, infringe upon HyperPhrase's patents.
The court handed down a split decision in the case of AutoLink, basically agreeing that Google did not infringe, as claimed, on one of the HyperPhrase patents. But the court vacated a summary judgment in favor of Google on two others.
Autolink's been part of Google's Web browser tool bar feature since 2005, and it's used to automatically layer on additional hyperlinks to Web pages. Critics have accused Google of using the feature to modify Web pages to chosen partners.
"We're very pleased that the Federal Circuit agreed that AdSense does not infringe any of HyperPhrase's patents," said Michael Kwun, a lawyer for Google. "We continue to believe the remaining claims in the lawsuit are without merit, and will vigorously defend against those claims."
Hyperphrase previously sued Microsoft over Smart Tags included in the company's Microsoft Office application suite; the case was dismissed in 2003 in a summary judgement that found Hyperphrase's 2000 patent on "tiered and content-based database searching" wasn't applicable to Smart Tags.
