Introduction:

Alphabet’s Google LLC recently won an appeal against a $20 million patent verdict in a Texas jury. The patents at the heart of the verdict were related to anti-malware technology used in Google’s Chrome web browser. The U.S. Court of Appeals for the Federal Circuit ruled that the patents were invalid because they contained inventions that were not included in an earlier version of the patent. In this blog, we will discuss the details of the case and its implications.

Background:

In 2013, Alfonso Cioffi and Allen Rozman’s daughters sued Google in East Texas federal court, alleging that the anti-malware functions in Google’s Chrome web browser infringed their patents. The patents were related to technology that prevented malware from accessing critical files on a computer. In 2017, a jury decided that Google had infringed the patents and awarded the plaintiffs $20 million plus ongoing royalties, which were expected to total about $7 million per year for the next nine years.

Appeal:

However, Google appealed the verdict, and the U.S. Court of Appeals for the Federal Circuit recently ruled in their favor. The three-judge panel unanimously concluded that the patents were invalid because they contained inventions that were not included in an earlier version of the patent. The three patents were reissued from an earlier anti-malware patent, and federal law required the new patents to cover the same invention as the first. The appeals court said the new patents outlined technology specific to web browsers that the first patent did not mention.

Implications:

The ruling is significant as it sets a precedent for patent law in the United States. It confirms that inventors cannot obtain new patents with claims that were not included in an earlier version of the patent. The ruling is likely to impact other patent infringement cases in the future.

Conclusion:

The recent ruling in Google’s favor is a significant victory for the company, as it helps protect its Chrome technology from patent infringement claims. The case highlights the importance of carefully drafting patents and adhering to federal law. As patent law continues to evolve, companies must stay abreast of developments and ensure that their intellectual property is protected.

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