January 11, 2008, 4:43 PM — Google responded on Friday to a lawsuit filed against it by Northeastern University,
denying claims that its search service infringes on patented technology.
Google denied all charges
in the suit, which was filed jointly by Northeastern, of Boston, and a search
technology company called Jarg,
of Waltham, Massachusetts. Google also filed a counterclaim asking the court
to dismiss the patent as invalid.
The suit was filed in November in the U.S. District Court for the Eastern District
of Texas. It seeks an injunction preventing Google from further infringement,
as well as royalty payments and damages.
The patent in question describes a distributed database system that breaks
queries into fragments and distributes them to multiple computers in a network
to get faster search results.
The plaintiffs say that Google uses this system to run its search engine, and
that the system was invented by Kenneth Baclawski, an associate professor at
Northeastern
and one of Jarg's founders. Northeastern was awarded a patent for the system,
which it has licensed exclusively to Jarg.
In its response Friday, Google argued that the patent is invalid and should
not have been awarded in the first place. It cites various sections of U.S.
patent law, including those that deal with the novelty of an invention and prior
art. It also cites the doctrine of "laches," which essentially requires
plaintiffs to file lawsuits in a timely manner.
Its counterclaim, asks the court to declare the patent invalid and unenforceable.
Both parties have requested a jury trial and legal experts have said the case
could be resolved in 18 months to two years.
The U.S. patent, number 5,694,593, is dated Dec. 2, 1997, and can be viewed
by searching
the Web site of the U.S. Patent & Trademark Office. U.S. patent law is also
described on the USPTO Web site in this
PDF file. Google's reply cites sections 101, 102, 103 and 112.
