Google and YouTube hit with $26 million verdict in video-sharing patent fight

REUTERS/Shannon Stapleton

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  • YouTube found guilty of infringing video streaming optimization patent
  • VideoShare case against Facebook still pending

(Reuters) – Google and its video platform YouTube owe nearly $26 million for infringing on a video streaming patent held by VideoShare LLC, a Texas federal jury has heard.

The Waco, Texas jury found on Tuesday that YouTube’s streaming technology works similarly to VideoShare’s patented technology to convert video to multiple formats and deliver it in the best format for a user’s device. user.

The jury also rejected claims by Google and YouTube that the patent was invalid because it contained “well-understood, routine and conventional” material.

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Google spokesman Jose Castaneda said in an email Wednesday that the company is still confident the patent is invalid and has not infringed, and is weighing its options.

VideoShare attorney Michael Shore of Shore Chan said in a statement Wednesday that the company “has the facts and the law on its side.”

VideoShare, which was created in 1998 by three inventors who developed the first video streaming technology, sued Google and YouTube in 2019, alleging that YouTube’s technology for transmitting a video file to a user based on its compatibility with the user’s device infringed the patent.

Google argued, among other things, that the patent was invalid because it covered an abstract idea and had been disclosed in the state of the art, and that VideoShare had received the patent by withholding material information from the US Patent Office. and brands.

David Almeling of O’Melveny & Myers and Mark Mann of Mann Tindel Thompson represented Google.

VideoShare sued Facebook in the same court in March for infringement of the same patent, in a case that is still pending.

The case is VideoShare LLC v. Google LLC, US District Court for the Western District of Texas, No. 6:19-cv-00663.

For VideoShare: Michael Shore and William Ellerman of Shore Chan, Charles Ainsworth of Parker Bunt & Ainsworth

For Google: David Almeling of O’Melveny & Myers, Mark Mann of Mann Tindel Thompson

(Note: This story has been updated to correct information about VideoShare’s lawyer.)

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Blake Brittain

Washington-based correspondent covering court cases, trends and other developments in intellectual property law, including patents, trademarks, copyrights and trade secrets. Previous experience at Bloomberg Law, Thomson Reuters Practical Law and work as a lawyer.

Shirley K. Rosa