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Thursday, May 16, 2024 | Back issues
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Google Misinterpreted Patent Licensing Deal

HOUSTON (CN) - A federal judge rejected Google's interpretation of a licensing agreement in a lawsuit that has the web giant defending its use of patented caching technology.

SuperSpeed LLC initially sued Google in 2012 for allegedly violating one of the software company's patents, taking aim at such products as Google Docs and Google Drive. In its amended complaint, SuperSpeed seeks to stop unlicensed use of technology under a second patent as well.

But Google contends that it has the right to use the caching technology, and it moved for summary judgment of non-infringement.

U.S. District Judge Sim Lake denied the motion on Tuesday. Instead the 23-page order grants SuperSpeed's cross-motion for summary judgment on Google's licensing defense.

The decision hinged on the specific language in two agreements with a third party, IBM.

When settling a prior lawsuit in 2009, SuperSpeed and IBM entered into a license agreement over the same patents. In the meantime, IBM and Google maintained a patent cross-license agreement that commenced in 2006.

While it allowed IBM to license products or services containing its patented technology to third parties, SuperSpeed denies letting it do the same with the patents themselves.

Lake concluded that "when read together the two agreements do not license SuperSpeed's patents to Google."

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