Decision

Paid Search Engine Tools, LLC v. Google Canada Corporation et al, 2021 FC 1435

Justice McDonald - 2022-01-12

Read full decision. Automatically generated summary:

This is a case about a patent designed to support advertisers in managing their bids for online advertising space on paid search engines. ... For the reasons that follow, after construing the asserted claims of the 167 Patent, I have concluded that the asserted claims at 28, 44, 59 and 75 (and the dependent claims) as well as claim 9 are invalid on the grounds that they are not sufficiently disclosed. I have also concluded that the asserted claims at 1 and 17 (and the dependent claims) are invalid as they are anticipated or obvious. I have also concluded that the defendants have not infringed the 167 Patent. In light of my findings, I decline to address the issue of damages. ... In their infringement claims, PSET is claiming a second price auction, the use of ad quality, ranking of ads, and pricing the clicks on the ads. When this claim is considered against the 167 Patent, there are no claims or embodiments that capture these concepts or support such an interpretation. ... PSET’s action will be dismissed with costs payable to Google.

Decision relates to:

  • T-40-18 - PAID SEARCH ENGINE TOOLS, LLC v. GOOGLE CANADA CORPORATION ET AL
  • A-19-22 - which is an appeal from this decision

 

Canadian Intellectual Property