Google Hits Back at SimpleAir with Declaratory Judgment Action

  • June 1, 2016

Google, a subsidiary of Alphabet, has filed suit against SimpleAir, Inc., seeking a declaratory judgment that its cloud messaging services do not infringe a single, newly issued patent (9,356,899) from a family that has been involved in each of the NPE’s previous four lawsuits against the company (2:16-cv-03758). Google’s lawsuit also asserts claim and issue preclusion and argues that the ‘899 patent is unenforceable due to inequitable conduct, alleging in part that SimpleAir withheld key portions of the campaign’s litigation history from the USPTO and failed to disclose information related to an inventorship dispute.


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