(CN) - Google Notebook does not infringe a competitor's patented method of automatically displaying a toolbar when a user places the cursor near a hyperlink, the Federal Circuit ruled.
The federal appeals court affirmed dismissal of iLOR's infringement claim, resting its decision on the click of a mouse.
It is undisputed that Google Notebook "does not automatically display its toolbar, but instead requires the user to right-click on the hyperlink to display the toolbar," Judge Linn wrote.
The disputed patent covers toolbars that automatically pop up when a cursor hovers near a hyperlink. iLOR argued that its patent anticipates "further user action."
The appeals court disagreed.
"At best, the specification demonstrates that user inaction upon placing the cursor near the hyperlink may cause the toolbar to display," Linn wrote. "There is nothing in the specification ... that indicates that some further action, such as right-clicking, is required to display the toolbar" (emphasis in original).
The court declined iLOR's request to enjoin Google from using and encouraging others to use Notebook.
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