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Google’s postponement bid “Falls Flat” by Apple trial, Giltrap



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Law360 (September 14, 2020, 11:40 pm EDT)-Google’s pandemic to postpone patent trials in a lawsuit filed by Personalized Media Communications Inc. in the court of US District Court Judge Rodney Gristrap. A bid focused on is undermined by a “safe” trial, a patent-holding company said Monday in the same court against Apple.

The company told courts in the eastern Texas district that Google’s move to postpone the October trial for 90 days relies on excuses and roundabout debates.

“However, all of this court abandonment is depressed given that the court has just filed a safe trial involving Google’s California neighbor Apple,” PMC said Monday. “Apple had to take witnesses and lawyers from California. Apple had to face the same COVID-19 situation as Google.”

In August, PanOptis, backed by McKool Smith PC and Irell & Manella’s LLP, persuaded eight juries that WilmerHale-backed Apple had deliberately infringed five patents, and the royalties for past sales were It reached $ 506.2 million.

“As far as lawyers know, Apple’s trial was safe and successful,” PMC said.

Google claimed in August that the case “provides unnecessary and serious health and safety risks while many experts are hoping for a resurgence.”

But the PMC said Google did not provide a valid reason for continuation.

“This court can bring trials during the current pandemic, and Google by itself does not deserve an exception to this policy,” PMC said.

In August, the Patent Tribunal used a discretionary refusal to reject a petition by a major search engine to seek examination of PMC’s data processing patents. The decision said the upcoming October trial would cover nearly a decade before the final written decision was weighted in favor of the dismissal.

Google has decided whether the trial will proceed as planned due to the possible delay due to the COVID-19 outbreak and the pending decision of the Federal Circuit on the District Court’s refusal to transfer the proceedings. To California, where the board claimed to be uncertain.

However, after analyzing cases based on Apple vs. Fintiv priorities, the Board chose not to speculate whether any factor would affect the date of the trial.

One of the decisions said, “It is uncertain whether the date will change due to the COVID-19 confusion or a warrant of order from the Federal Circuit.”

PMC sued Google in March 2019, accusing it of infringing several patents related to adaptive video streaming. Akamai Technologies Inc. was also hit by a similar allegation, but the proceedings were withdrawn in late December.

Representatives of the Parties did not immediately respond to Monday’s request for comment.

The patents in litigation are 7,747,217, 7,769,344, 7,865,920, 8,601,528, 8,739,241 and 9,674,560.

Google’s representatives are Dan L. Bagatell and Andrew T. Dufresne of Perkins Coie LLP, Charles G. Anderson and David A. Perlson of Quinn Emanuel Urquhart & Sullivan LLP.

Representatives of Personalized Media Communications are Arun Subramaniam, Tamar Lusztig, Geng Chen, Joseph S. Grinstein, Meng Xi, Rachel S. Black, Floyd Short of Susman Godfrey LLP, S. Calvin Capshaw, Elizabeth L. DeRieux of Capshaw DeRieux LLP, Dmitry Kheyfits of Kheyfits Belenky LLP and Timothy R. DeWitt of 24IP Law Group USA PLLC.

The underlying proceeding is Personalized Media Communications LLC v. Google LLC et al. , Litigation number 2: 19-cv-00090, located in the United States District Court for the Eastern District of Texas.

–Edited by Emily Kokoll.

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