HYPERPHRASE TECHNOLOGIES, LLC v. GOOGLE INC.

Filing 100

MOTION for Summary Judgment by Defendant GOOGLE INC. Brief in Opposition due by 3/20/2008, Brief in Reply due by 3/31/2008. (Peterson, James)

HYPERPHRASE TECHNOLOGIES, LLC v. GOOGLE INC.

Doc. 100

Case: 3:06-cv-00199-jcs

Document #: 100

Filed: 02/29/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN HYPERPHRASE TECHNOLOGIES, LLC and HYPERPHRASE INC., Plaintiffs, v. GOOGLE INC., Defendant. Civil Action No. 06 C 0199 S

GOOGLE INC.'S MOTION FOR SUMMARY JUDGMENT

Defendant Google respectfully moves under Fed. R. Civ. P. 56 for an order granting summary judgment that: 1. Google's AutoLink technology does not infringe any asserted claim of U.S.

Patent No. 5,903,889 (the "`889 patent") or U.S. Patent No. 6,516,321 (the "`321 patent"). 2. Google is not liable to the plaintiffs for any alleged infringement of the `889

patent or the `321 patent arising from licensed use of Mircrosoft software because HyperPhrase has licensed the patents-in-suit to Microsoft. 3. Google has not willfully infringed the patents-in-suit and, therefore,

HyperPhrase's claims for enhanced damages and attorney fees pursuant to 35 U.S.C. §§ 284 and 285 must be dismissed. 4. The asserted claims of the `889 patent and the `321 patent are invalid as indefinite

under U.S.C. § 112, or as anticipated by, or obvious in light of, the prior art under U.S.C §§ 102 or 103. The grounds for this motion are that there are no genuine issues as to any material fact and the defendant is entitled to judgment as a matter of law. In addition to the accompanying

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Case: 3:06-cv-00199-jcs

Document #: 100

Filed: 02/29/2008

Page 2 of 2

memoranda, the proposed findings of fact, conclusions of law and declarations, this motion is based upon and supported by the pleadings and papers on file in this action.

Dated: February 29, 2008

GODFREY & KAHN, S.C. By: /s/ James D. Peterson James A. Friedman James D. Peterson One East Main Street, Suite 500 P.O. Box 2719 Madison, WI 53701-2719 Phone: [phone] Facsimile: [phone]

Of Counsel: Frank E. Scherkenbach Kurt L. Glitzenstein Christopher R. Dillon Peter J. Kirk Fish & Richardson P.C. 225 Franklin Street Boston, MA 02110 Telephone: [phone] Facsimile: [phone] Michael J. Kane William R. Woodford Fish & Richardson P.C. 3300 Dain Rauscher Plaza 60 South Sixth Street Minneapolis, MN 55402 Telephone: [phone] Facsimile: [phone] Jason W. Wolff Fish & Richardson P.C. 12390 El Camino Real San Diego, CA 92130 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendant GOOGLE INC.

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