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Walker Digital, LLC v. Google, Inc.

United States District Court for the District of Delaware

September 3, 2014, Decided; September 3, 2014, Filed

C.A. No. 11-318-LPS



/s/ Leonard P. Stark

STARK, U.S. District Judge:

Pending before the Court is Defendant Google, Inc.'s ("Google" or "Defendant") motion for summary judgment of invalidity of U.S. Patent No. 5,884,270 ("the '270 patent") and U.S. Patent No. 5,884,272 ("the '272 patent") for lack of patentable subject matter. (D.I. 250) The parties completed briefing on May 7, 2014. (D.I. 289) The Court held oral argument on August 26, 2014. (See Transcript ("Tr.")) For the reasons discussed below, the Court will grant Defendant's motion.1


Plaintiff Walker Digital, LLC ("Walker" or "Plaintiff") filed this [**2]  case against Google and several other defendants on April 11, 2011. (D.I. 1) Walker subsequently entered into license agreements with all defendants except Google. (See D.I. 4, 19, 34, 37, 72, 95, 224) Google filed its answer and counterclaims against Walker on July 15, 2011. (D.I. 38) The Court construed certain claim terms of the patents-in-suit  [*504]  on July 25, 2013. (See D.I. 231, 232) The parties have completed fact and expert discovery. (See D.I. 233) No trial date has been set. (See D.I. 52 ¶ 20)

Walker asserts that Google infringes independent claims 1 and 23 and dependent claims 2, 5, 10, 11, 24, 27, 32, and 33 of the '270 patent, as well as independent claims 1 and 65 and dependent claims 2-4, 9-11, 19, 27, 28, 31, and 32 of the '272 patent. (D.I. 105 at 1 n.1) Both patents contain nearly identical specifications, were filed September 6, 1996, and issued on March 16, 1999. (D.I. 100 Ex. A, B)

The '270 patent is entitled "Method and System for facilitating an employment search incorporating user-controlled anonymous communications." The '272 patent is entitled "Method and System for establishing and maintaining user-controlled anonymous communications." The patents relate generally to "controlling the release of confidential [**3]  or sensitive information of at least one of the parties in establishing anonymous communications." ('270 patent col. 1:11-14; '272 patent col. 1:11-14)

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66 F. Supp. 3d 501 *; 2014 U.S. Dist. LEXIS 122448 **

WALKER DIGITAL, LLC, Plaintiff-Counterdefendant, v. GOOGLE, INC., Defendant-Counterplaintiff.

Prior History: Walker Digital, LLC v. Google Inc., 2013 U.S. Dist. LEXIS 104157 (D. Del., July 25, 2013)


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