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Another Patent Infringement Defense Verdict in Waco in Win for Google

October 8, 2021 Bruce Tomaso

A federal jury in Waco has rejected a claim that Google’s Nest Hub infringed on a patent owned by a Texas company.

In a unanimous verdict rendered Wednesday, the six-man, one-woman jury found that Profectus Technology failed to prove that Google infringed on Profectus’s patent for a “digital picture display frame,” an internet visual interface, in developing the Google Nest Hub. The Nest Hub is a popular device that enables customers to control smart devices in their homes, access streaming services including Netflix and YouTube, and connect with friends and family — all by voice command.

The case was tried for more than four days before U.S. District Judge Alan Albright, whose court has become a national hub for patent litigation.

Google is represented in the case by O’Melveny & Myers lawyers Marc J. Pensabene, Darin W. Snyder, Luann L. Simmons, Mark Liang, Daniel Silverman, Stacy P. Yae and Brad N. Garcia; and by Steve McConnico and Paige Arnette Amstutz of Scott Douglass & McConnico and Eugene Y. Mar, Winston Liaw, Daniel C. Callaway and Stephanie Skaff of Farella Braun & Martel.

Profectus is represented by Steven E. Ross of Ross IP Group; Casey Griffith, Michael Barbee, Maeghan Whitehead, Kirk Voss and Gracen Daniel of Griffith Barbee; and Derek Gilliland of Sorey & Gilliland.

Lawyers for Google declined to comment on their courtroom victory.

Lawyers for Profectus did not respond to requests for comment.

Albright instructed the jury that it could find the patent claim was invalid because Profectus’s supposed innovations had already been incorporated into earlier devices or disclosed in earlier publications.

Google identified several patents and a Sony digital picture frame as relevant “prior art” to the Profectus patent.

According to Reuters, Profectus has also unsuccessfully sued Apple Inc, Samsung Electronics America Inc., and Dell Inc. over the same patent.

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