Google Autolink Gets Patent Challenge

An appeals court has partially overturned a district court decision to throw out a patent lawsuit brought against Google by Hyperphrase.

A federal appeals court has partially vacated a summary judgement in favor of the Internet search giant Google in a patent infringement lawsuit brought by Hyperphrase Technologies. Although the appeals court agreed with the lower court that Hyperphrase’s patents did not apply to Google’s cash-cow AdSense program, the court did find that Hyperphrase’s patents might apply to the AutoLink feature used in Google Toolbar and sent the case back to district court. 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. "The district court’s grant of summary judgment is affirmed in part and vacated in part, and the case is remanded," the appeals court wrote in its decision (PDF). Google’s managing counsel for the case Michael Kwun told Reuters, "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 ar

A federal appeals court has partially vacated a summary judgement in favor of the Internet search giant Google in a patent infringement lawsuit brought by Hyperphrase Technologies. Although the appeals court agreed with the lower court that Hyperphrase’s patents did not apply to Google’s cash-cow AdSense program, the court did find that Hyperphrase’s patents might apply to the AutoLink feature used in Google Toolbar and sent the case back to district court.

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.

“The district court’s grant of summary judgment is affirmed in part and vacated in part, and the case is remanded,” the appeals court wrote in its decision (PDF).

Google’s managing counsel for the case Michael Kwun told Reuters, “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.”

e without merit, and will vigorously defend against those claims."