Judge Won’t Stay Patent Lawsuit Against Google

(CN) - Google cannot stay allegations in Delaware regarding patented technology behind the personalization of search engines, a federal judge ruled.

Personalized User Model brought the suit against Google in Delaware, where the tech giant is incorporated, on July 16, 2009.

Noting that the U.S. Patent and Trademark Office has made findings against the Personalized User Model patents in question, Google moved to stay the proceedings in August 2012.

Though U.S. District Judge Leonard Stark found that the patents in suit are likely to be invalidated upon re-examination, he denied the motion for a stay.

"Final conclusion of the reexaminations (including appeals) is likely to take quite some time, and certainly longer than it is likely to take to bring this case to trial," the Oct. 31 decision states. "Additionally, there are issues pending in this litigation which cannot be addressed during the reexamination."

Stark also found that a stay would be untimely at this stage of the proceedings.

"Indeed, the fact that Google waited to seek a stay until after the parties, and the court, had invested substantial resources in this case is a central consideration in the court's evaluation of Google's motion," the four-page decision states.

Stark noted that fact discovery is complete, and expert discovery is slated to conclude on Nov. 14.

"Though no trial date is set, the case will be ready for trial following resolution of case dispositive motions," which are due shortly thereafter, he added.

The possibility of undue hardship does not favor a stay either, Stark ruled.

"Google points to no other hardship other than the expense of litigation and the risk that the reexaminations will render the case moot," he wrote.

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