Posts Tagged: "SimpleAir"

Federal Circuit says Kessler Doctrine did not preclude claims asserted against Google

Google also argued that, if claim preclusion did not bar SimpleAir’s infringement claims, than the Kessler doctrine barred them. This doctrine, stemming from a 1907 decision by the U.S. Supreme Court in Kessler v. Eldred, has been used to protect a party’s rights to continue a practice accused of infringement if an earlier judgment found that essentially the same activity did not infringe the patent. While the Federal Circuit has relied on the Kesler doctrine to bar patent assertion against similar activities or products found not to infringe, the doctrine has not been applied to bar a broader set of rights than would have been barred by claim preclusion.

East Texas Jury Finds Google Infringed, $125 MM at Stake

A federal jury in the Eastern District of Texas returned a verdict on Saturday, January 18, 2014, following a week-long trial presided over by the Honorable Rodney Gilstrap, that found that Google infringed SimpleAir’s U.S. Patent No. 7,035,914. The services accused of infringing the ‘914 patent were the Google Cloud Messaging (GCM) and Android Cloud to Device Messaging (C2DM) services. Those services are used by Google to process and send instant notifications for Android applications, such as Facebook, Twitter, and Gmail. The damages issue will be decided by a separate jury in a second trial limited to the issue of damages. SimpleAir has announced that they will seek damages in excess of $125 million for Google’s infringement in the damages retrial.