In a declaratory judgment action in which Geotag accuses Google’s advertisement products of infringement, Judge Richard G. Andrews ruled on several motions for summary judgment filed by Google, the plaintiff and counterclaim-defendant. Microsoft Corporation, et al. v. Geotag, Inc., C.A. No. 11-00175-RGA (D. Del. Apr. 10, 2014).
The Court denied Google’s motion for partial summary judgment on the basis of laches. Google argued that Geotag had actual or constructive notice of alleged infringement since 2003 and that a presumption of laches applied, citing information from a Google site available since 2003, as well as Google and third-party blog posts and articles from 2003-2005. Id. at 5. The Court agreed with GeoTag that, based on its review of the content of these sites, these facts were insufficient to put Geotag on notice of potential infringement. There was no showing of actual notice, and “none of the publications are sufficiently detailed to establish constructive notice or to trigger GeoTag’s duty to investigate, even had GeoTag known of them.” Id. at 6-7. As Google’s motion relied on the six-year presumption of laches and the Court found that it had not shown that the presumption applied, the motion for summary judgment was denied. Id. at 7. The Court also denied a motion for summary judgment of invalidity based on both anticipation and obviousness. See id. at 7-11.
However, the Court granted Google’s motion for summary judgment of noninfringement, finding that the accused system did not practice the patent’s “dynamic replication” requirement. See id. at 11-18.