11/19/21, 6:54 PM
`
`Google Hit With $26M Video Patent Verdict In WDTX - Law360
`
`Account
`News, cases, companies, firm
`
`Try our Advanced Search for more refined results
`
`Logged in as: pmazur@devlinlawfirm.com
`My Account
`Emails & Alerts
`Newsletter Signup
`Log Out
`
`News, cases, companies, firm
`Search Toggle Dropdown
`
`Search Law360
`Search News Only
`Search Cases Only
`Search PTAB Only
`Search TTAB Only
`
`Advanced Search
`
`Account
`My Account
`My Feeds and Alerts
`My Briefcase
`Newsletter Signup
`Help
`Log Out
`
`Law360
`Law360 UK
`Law360 Pulse
`Law360 Employment Authority
`Law360 Tax Authority
`Law360 Insurance Authority
`
`Products
`Lexis®
`Law360 In-Depth
`Law360 Updates
`Law360 Podcasts
`
`Rankings
`Regional Powerhouses
`Law360's MVPs
`Glass Ceiling Report
`https://www.law360.com/articles/1441219
`
`Close
`
`1/9
`
`IPR2021-01342
`Ocean Semiconductor Exhibit 2037
`
`

`

`Google Hit With $26M Video Patent Verdict In WDTX - Law360
`
`11/19/21, 6:54 PM
`Law360 400
`Diversity Snapshot
`Practice Groups of the Year
`Rising Stars
`Titans of the Plaintiffs Bar
`
`Sections
`Adv. Search & Platform Tools
`Browse all sections
`Banking
`Bankruptcy
`Class Action
`Competition
`Employment
`Energy
`Expert Analysis
`Insurance
`Intellectual Property
`Product Liability
`Securities
`
`Beta Tools
`Track docs
`Track attorneys
`Track judges
`
`Site Menu
`Join the Law360 team
`Search legal jobs
`Learn more about Law360
`Read testimonials
`Contact Law360
`Sign up for our newsletters
`Site Map
`Help
`
`Delaware Legal Industry Access To Justice Law360 UK Pulse || See all sections
`
`
`
`
`Is your firm a Social Impact Leader?
`Click here to find out.
`
`Google Hit With $26M Video Patent Verdict
`In WDTX
`
`By Lauren Berg ·
`
`Share us on: By Lauren Berg
`
`https://www.law360.com/articles/1441219
`
`2/9
`
`IPR2021-01342
`Ocean Semiconductor Exhibit 2037
`
`

`

`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
`
`3/9
`
`IPR2021-01342
`Ocean Semiconductor Exhibit 2037
`
`

`

`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.
`
`0 Comments
`
`Peter Mazur
`Your name will appear next to your comment. If you do not disclose your full name, your comment will be
`deleted. Your email address will not be visible to the public.
`
`Terms of Service
`
`Tell us what you think (1,500 characters max)
`
` Comment
`
`Related Articles
`
`Google Accused Of Destroying Competition In Trial Closings
`
`IP Forecast: Google Patent Fight Heads To Texas Jury
`
`VideoShare Says 10 Hours Is Too Short For Google IP Trial
`
`Albright Won't Let Google, YouTube Escape From Patent Suit
`
`Google, YouTube Must Face Video Streaming Patent Suit
`
`https://www.law360.com/articles/1441219
`
`4/9
`
`IPR2021-01342
`Ocean Semiconductor Exhibit 2037
`
`

`

`11/19/21, 6:54 PM
`Here's What You Missed
`
`Google Hit With $26M Video Patent Verdict In WDTX - Law360
`
`3 Ex-US Officials Reject 'Willy-Nilly' Virus Vaccine IP Waivers
`
`Fed. Circ. Tosses Apple's Bid To Kill Professor's IP Rights Suit
`
`PTAB Reverses Denial Of SharkNinja IPR Request
`
`'Borat' Star Says Pot Co. Prez Admitted To Billboard Ad Stunt
`
`Duane Morris Welcomes 2 IP Partners To Boston Office
`
`IP Forecast: Delaware '101 Day' To Start Off With Natera Battle
`
`Cannabis Co. Must Face Skittles IP Suit
`
`Dr. Martens Maker Wins Injunction In Calif. Trade Dress Case
`
`Bayer, Amgen Unit Drop IP Suit Over Cancer Drug Generic
`
`Loofah Patent Trial Delayed Over Doc Disclosure 'Oversight'
`
`Jury Awards Singaporean Plastics Co. $14.5M In TM Row
`
`Brit Cops To Pirating DVDs For Global Hacking Syndicate
`
`Pot Equipment Maker Beats Ex-Partner's $1M 'Hashatron' Suit
`
`Delta-8 Vape Maker Gets Default Win In Copyright Dispute
`
`Amazon Is Hawking Fake Cashmere, Industry Group Claims
`
`Texas Justices Order Redo Of Trade Secrets Case Appeal
`
`Facebook Given Another Chance To Fight Telecom Patent
`
`3 USPTO Updates You Need To Know
`
`https://www.law360.com/articles/1441219
`
`5/9
`
`IPR2021-01342
`Ocean Semiconductor Exhibit 2037
`
`

`

`11/19/21, 6:54 PM
`Google Hit With $26M Video Patent Verdict In WDTX - Law360
`IP Hires: Nixon Peabody, Vedder Price, Duane Morris
`
`Health Hires: Baker Donelson, Proskauer
`
`Attached Documents
`
`Verdict
`
`Useful Tools & Links
`
`Add to Briefcase
`Save to PDF & Print
`Rights/Reprints
`Editorial Contacts
`
`Related Sections
`
`California
`Intellectual Property
`Media & Entertainment
`Technology
`Texas
`Trials
`
`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
`
`IPR2021-01342
`Ocean Semiconductor Exhibit 2037
`
`

`

`Google Hit With $26M Video Patent Verdict In WDTX - Law360
`
`11/19/21, 6:54 PM
`Law Firms
`
`O'Melveny & Myers
`Parker Bunt
`Shore Chan
`
`Companies
`
`Google LLC
`YouTube Inc.
`
`Government Agencies
`
`U.S. District Court for the Western District of Texas
`U.S. Supreme Court
`
`Judge Analytics
`
`powered by Lex Machina®
`
` Alan D Albright
`
`The 2021 Regional Powerhouses
`
`The law firms on Law360's list of 2021 Regional Powerhouses are handling some of the biggest deals and most
`high-profile courtroom battles across eight states, offering clients regional expertise and making a lasting impact
`
`https://www.law360.com/articles/1441219
`
`7/9
`
`IPR2021-01342
`Ocean Semiconductor Exhibit 2037
`
`

`

`11/19/21, 6:54 PM
`on the law at the state and local level.
`
`Google Hit With $26M Video Patent Verdict In WDTX - Law360
`
`Top 10 trending in Intellectual Property
`
`1'Laws Of Chemistry' Trump PTAB, Illumina Rival Tells Jury
`23 Ex-US Officials Reject 'Willy-Nilly' Virus Vaccine IP Waivers
`3USPTO Finalizes Rules For Canceling Unused Trademarks
`4It May Be Time To Abolish Patent Claim Construction Hearings
`5Fed. Circ. Tosses Apple's Bid To Kill Professor's IP Rights Suit
`6Heed These Rules, Or Risk Your Argument On Appeal
`7IP Forecast: Delaware '101 Day' To Start Off With Natera Battle
`8PTAB Reverses Denial Of SharkNinja IPR Request
`9Fired King & Spalding Atty Had Belligerent Side, Jury Told
`10Justices Told Patent Findings Fall Within Fed. Circ.'s Powers
`
`Hello! I'm Law360's automated support bot.
`
`How can I help you today?
`
`For example, you can type:
`
`I forgot my password
`I took a free trial but didn't get a verification email
`How do I sign up for a newsletter?
`
`Ask a question!
`Ask a question!
`
`
`
`© 2021, Portfolio Media, Inc. | About | Contact Us | Legal Jobs | Careers at Law360 | Advertise with Law360 |
`Terms | Privacy Policy | Cookie Settings | Help | Site Map
`
`×
`
`Add this article to my briefcase
`
`Google Hit With $26M Video Patent Verdict In WDTX
`
`New Folder Name - Required
`
`OR SELECT FROM
`
`Add Now Cancel
`×
`
`Sign up for our Intellectual Property newsletter
`
`You must correct or enter the following before you can sign up:
`
`https://www.law360.com/articles/1441219
`
`8/9
`
`IPR2021-01342
`Ocean Semiconductor Exhibit 2037
`
`

`

`11/19/21, 6:54 PM
`Google Hit With $26M Video Patent Verdict In WDTX - Law360
`Please provide a professional email: pmazur@devlinlawfirm.com
`Select more newsletters to receive for free
`
`Law360 takes your privacy seriously. Please see our Privacy Policy.
`No Thanks Sign up now
`
`Thank You!
`
`https://www.law360.com/articles/1441219
`
`9/9
`
`IPR2021-01342
`Ocean Semiconductor Exhibit 2037
`
`