11/26/07
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''Google will make the case that the distributed computing concepts behind its search technology did not originate with Baclawski's patent,'' says Internetnews.com. | "Filed last Tuesday, the suit claims that Kenneth Baclawski, one of the school's professors, is the rightful owner of a key aspect of Google's search technology," says an article on AppScout.com. The patent — No. 5,694,593 — was awarded to Baclawski in December 1997. However, not until two and a half years ago did the professor hear of the possible infringement.
But Google doesn't appear to be worried. Spokesman Jon Murchinson has said, "We believe the complaint to be without merit based upon our initial investigation."
Maybe Google's confidence, however, stems from where the complaint was made: in the Marshall Division of the Eastern District of Texas. Historically, Marshall has been known to be "plaintiff-friendly" in patent-infringement cases. But according to a shareholder at the firm Banner & Witcoff in Washington, DC, "I don't think anything is a slam dunk in Marshall. It's not as black and white as it used to be."
And while it could take up to two years before this case goes to trial, the two sides may fight as follows:
"Google will make the case that the distributed computing concepts behind its search technology did not originate with Baclawski's patent."
"The plaintiffs will make the case that Baclawski's method for fragmenting search queries and distributing the hashed fragments over a database of network computers was not obvious and that prior art does not invalidate the patent."
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