Earlier this month, RPX noted two recent decisions issued in patent cases and related to discoverability of litigation funding agreements and communications with third-party funders. This week saw a notable development in one of those cases, with a California judge ruling that while Impact Engine, Inc.’s agreement and communications with its third-party funder are relevant to the company’s patent infringement suit against Alphabet (Google) (3:19-cv-01301), they are also protected from discovery by the work product doctrine.

Impact Engine, Inc. has filed suit against Alphabet (Google) (3:19-cv-01301), alleging that the tech giant has infringed all six members of a family of patents generally related to a “multimedia communication system” that comprises a template repository and an interactive “project builder”. The Southern District of California complaint alleges multiple interactions between the two companies beginning over a decade ago, during which Impact Engine purportedly disclosed its “proprietary Flash Ad Engine” and demonstrated “a Google-specific prototype” built upon request and after which Google released its Display Ad Builder product. The plaintiff accuses Google of infringement through the provision of its advertisement platform (e.g., Google Ads, AdSense, AdWords, Display Ad Builder, Display Network, Doubleclick, Marketing Platform, and Web Designer).