Hyperphrase Technologies v. Google 2006 US Dist. LEXIS 92195 Western District of Wisconsin, Decided Dec. 20, 2006 Judge Shabaz Google won this patent infringement suit filed by Hyperphrase Technologies on summary judgment. The four patents allegedly infringed concern the storage and retrieval of medical records. Mark Reichel at The Daily Dose of IP discusses the case and links to related documents. An article in the Chicago Tribune explains:
HyperPhrase targeted the Google toolbar interface used in Internet browsers; its AutoLink feature that allows users to link to information on selected Web sites; and AdSense, Google’s technology for placing ads on its site.
Judge Shabaz used particularly strong language:
There is no basis to argue that the AutoLink process uses the equivalent of data references to locate referenced records. Rather, AutoLink performs a completely different function in a different way to achieve a different result. at 26.
Considering the AdSense product, there are two records involved in the process: the web page and the advertisement. However, to suggest that either of these records “refers” to the other is nonsense. at 31.
Google wins in a decisive victory.