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Judge Stark Construes Terms of Online Shopping Guaranty Patent

Plaintiff buySAFE filed a patent infringement action against Google on buySAFE’s U.S. Patent No. 7,644,019. The patent-in-suit relates to providing a guaranty service for online transactions, and buySAFE alleged that it covers a Google service called “Trusted Stores” by which Google provides consumers with information about quality online shopping experiences. The parties agreed that early claim construction would likely streamline the case and, accordingly, stayed discovery until after claim construction. The claim construction disputes were limited to two terms. BuySafe, Inc. v. Google Inc., C.A. No. 11-1282-LPS, Memorandum Opinion at 1-4 (D. Del. July 29, 2013).

Judge Stark first construed plaintiff’s proposed term, “transaction performance guaranty,” and defendant’s proposed term, “guaranty.” Finding that the issues for both terms were identical, Judge Stark adopted Plaintiff’s proposed construction for both. Id. at 5-7. On the second term at issue, “underwriting,” Judge Stark adopted a construction that the parties agreed to during oral argument at the Markman hearing and further found that the term was not indefinite. Id. at 7-9.

buySAFE, Inc. v. Google Inc., C.A. No. 11-1282-LPS (D. Del. July 29, 2013).

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