Thursday, December 11, 2008

Google triumphs over ILOR

The CAFC noted:

On the merits, we
conclude that the district court correctly construed the sole claim limitation at issue, and
did not abuse its discretion by denying iLOR’s motion for preliminary injunctive relief
because noninfringement was undisputed under that construction. Thus, we affirm the
district court’s denial of injunctive relief and dismiss the remaining issues raised in this
appeal, which relate to matters that remain before the district court.

Of the background of the case, the San Jose Mercury News (Bloomberg) observed:

Google won an appeals court ruling against a closely held Kentucky company that sought to shut down Google Notebook while a patent-infringement suit was pending. The U.S. Court of Appeals for the Federal Circuit on Thursday upheld a ruling that rejected a request by iLor, which runs the "social search engine" and owns a patent for options given to computer users when they direct their mouse near a banner advertisement or other Web link. Google Notebook lets users add information or links from different Web sites in one spot without leaving the browser window. ILor sued Google in 2007. Judge Joseph Hood in Lexington, Ky., ruled that, based on the interpretation of the patent, Google probably wasn't using the invention.


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