Google wins patent infringement litigation aimed at Google ads

The Federal Court of Canada has dismissed a long-running patent infringement case against Google Canada Corporation, Google LLC and Alphabet Inc. (collectively "Defendants").

On January 12, 2022, Madam Justice McDonald handed down the Court's public decision in Paid Search Engine Tools, LLC v. Google Canada Corporation et al., 2021 FC 1435  dismissing the Plaintiff's claim against the Defendants.  The 89-page decision followed 3.5 years of patent infringement litigation culminating in a three-week patent trial where 28 witnesses presented evidence.  In dismissing the action against the Defendants, the Court found that the Google Ads product in question did not infringe PSET's patent and also that PSET's asserted patent claims were invalid on multiple grounds. In view of its findings of non-infringement and invalidity, the Court declined to express any opinions regarding remedies.

Gowling WLG was counsel for the successful Defendants, Google LLC, Google Canada Corporation and Alphabet Inc.