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`Google Hit With $26M Video Patent Verdict
`In WDTX
`
`By Lauren Berg ·
`
`Share us on: By Lauren Berg
`
`https://www.law360.com/articles/1441219
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`2/9
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`Google Hit With $26M Video Patent Verdict In WDTX - Law360
`11/19/21, 6:54 PM
`Law360 (November 16, 2021, 9:45 PM EST) -- Google LLC and YouTube LLC owe VideoShare LLC nearly
`$26 million for infringing the company's video sharing patent, a Texas federal jury found Tuesday, rejecting
`Google's case for invalidating the patent.
`
`A day after closing arguments were heard in U.S. District Judge Alan D. Albright's Waco courtroom, the jury
`found that Google and its YouTube subsidiary directly infringed all six asserted claims of VideoShare's U.S.
`Patent No. 10,362,341, according to the verdict form.
`
`The jury also rejected Google's argument that portions of the patent's claims are conventional, making it
`unpatentable.
`
`The jury said Google and YouTube must pay $25.9 million to compensate VideoShare for their infringement of
`the '341 patent, which was the amount that VideoShare's damages expert had recommended.
`
`"VideoShare had the facts and the law on its side," said VideoShare attorney Michael Shore of Shore Chan LLP
`in a statement Tuesday. "In that scenario the only thing required for a just outcome is a fair trial."
`
`"In the Western District of Texas all parties are treated equally before the law and fair trials are the norm," he
`added.
`
`Counsel for Google did not immediately respond to a request for comment Tuesday evening.
`
`The patent battle between Google and VideoShare dates to 2013, when VideoShare asserted in Delaware federal
`court two streaming video patents that were issued that year.
`
`In the Delaware suit, VideoShare claimed Google and YouTube infringed patents relating to a way to share video
`with advertisements, but the case was tossed in August 2016 after a judge agreed with Google that both
`patents were invalid under the U.S. Supreme Court's Alice decision because they covered the abstract idea of
`sharing streaming video online.
`
`In November 2019, after obtaining the current patent as a continuation of the invalidated patents, VideoShare
`sued Google and YouTube in the Western District of Texas.
`
`Judge Albright rejected two bids by Google to dismiss the lawsuit, the first in May 2020 and then in
`September of this year.
`
`In his first denial, the judge rejected Google's argument that VideoShare was barred from asserting a patent that
`is related to one already invalidated in an earlier dispute. In his second denial, he found the current patent was
`still enforceable despite its link to the prior invalidated patents.
`
`During the weeklong trial, VideoShare sought to convince jurors that Google's defense to the infringement
`claims fails under claim construction.
`
`In his closing arguments, VideoShare's attorney Shore said it was the weakest invalidity case he had seen in his
`30 years in law.
`
`"This is garbage, and they know it," he said. "They're not satisfied with trying to escape infringement. They want
`to destroy the patent. They want everybody out there to know if you come after Google and you're not willing to
`take a tiny little settlement, we're going to destroy you."
`
`Google's attorney, Luann L. Simmons of O'Melveny & Myers LLP, refuted Shore's characterization of Google's
`trial strategy, telling jurors the company wasn't seeking to destroy anyone but was just defending itself.
`
`She said Google and YouTube deny infringing VideoShare's '341 patent, which relates to a way of automatically
`
`https://www.law360.com/articles/1441219
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`Google Hit With $26M Video Patent Verdict In WDTX - Law360
`11/19/21, 6:54 PM
`converting video into different formats. Key differences, including the fact that YouTube never distributes the
`original video format to users, show the website doesn't use VideoShare's patent, Simmons said.
`
`The patent-in-suit is U.S. Patent No. 10,362,341.
`
`VideoShare is represented by Charles L. Ainsworth and Robert C. Bunt of Parker Bunt & Ainsworth PC and
`Michael W. Shore, Alfonso G. Chan, William D. Ellerman, Aris Rafilson and Halima Shukri Ndai of Shore
`Chan LLP.
`
`Google is represented by J. Mark Mann and G. Blake Thompson of Mann Tindel Thompson and Luann L.
`Simmons, David S. Almeling, Marc J. Pensabene, Brad N. Garcia, Cameron W. Westin, Bill Trac, Amy K.
`Liang, Sorin G. Zaharia, Stacy P. Yae and Daniel Silverman of O'Melveny & Myers LLP.
`
`The case is VideoShare LLC v. Google LLC et al., case number 6:19-cv-00663, in the U.S. District Court for the
`Western District of Texas.
`
`--Additional reporting by Katie Buehler, Ryan Davis and Tiffany Hu. Editing by Andrew Cohen.
`
`For a reprint of this article, please contact reprints@law360.com.
`
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`
`Case Information
`
`Case Title
`
`VideoShare, LLC v. Google LLC et al
`
`Case Number
`
`6:19-cv-00663
`
`Court
`
`Texas Western
`
`Nature of Suit
`
`Patent
`
`Judge
`
`Alan D Albright
`
`Date Filed
`
`November 15, 2019
`https://www.law360.com/articles/1441219
`
`6/9
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`IPR2021-01342
`Ocean Semiconductor Exhibit 2037
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`Google Hit With $26M Video Patent Verdict In WDTX - Law360
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`11/19/21, 6:54 PM
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