[March 20, 2015]

Christie, Parker & Hale Gives Input to Solicitor General's Office Regarding Google's Petition for Writ of Certiorari to Supreme Court

On March 17, 2015, Christie, Parker & Hale, counsel for Vederi, and representatives of Google (News - Alert) separately met with the Deputy Solicitor General Malcolm Stewart and representatives from the Solicitor General's Office, Patent and Trademark Office, Federal Trade Commission and Department of Justice, Civil Division, to discuss Google's Petition for Writ of Certiorari to the Supreme Court. In January, the Solicitor General was asked by the Supreme Court to make a recommendation as to whether it should grant a writ of certiorari on the issues presented by Google in the action Verderi, LLC v. Google, Inc. The questions presented relate to the appropriateness of the Federal Circuit Court of Appeal's approach to the construction of language introduced into patent claims by amendments to overcome prior art as well as the correctness of the Federal Circuit's decision in favor of Vederi in the underlying appeal.

"The discussions were very iteresting," said Vederi counsel David A. Dillard of Christie, Parker & Hale. "I was asked my opinion on a variety of topics. Many questions focused on the Federal Circuit's treatment of amended claim language and what constitutes a disclaimer that affects the scope of the claims. Other questions were directed to the bases for the Federal Circuit's decision in the Vederi appeal."

Google's Petition for Writ of Certiorari follows a Federal Circuit Court of Appeals decision reversing the district court's construction of the claim term "views being substantially elevations" and the district court's finding that Vederi's patents cover only vertical flat images and not curved or spherical images. The district court granted summary judgment of non-infringement in favor of Google in view of this construction. By finding that the district court erred in its construction, the Federal Circuit vacated the judgment of non-infringement and remanded the case to the district court for further proceeding. The Federal Circuit also rejected Google's Petition for Rehearing En Banc.

About Christie, Parker & Hale, LLP

At CPH, our practice is devoted exclusively to intellectual property law, including patent, trademark, and copyright prosecution; domain name protection; infringement litigation (for plaintiffs and defendants); license drafting and negotiation; and other intellectual property matters. We represent clients across the United States and around the globe, and appear before a variety of judicial tribunals and administrative agencies, including state and federal courts, the U.S. Patent and Trademark Office, the U.S. Copyright Office, the International Trade Commission, and the World Intellectual Property Organization.

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