Google Settles IP Case Over High-Altitude Balloons
Arizona-based Space Data had argued that Google's "Project Loon" rode on its trade secrets. Judge Beth Labson Freeman ruled earlier this year that Space Data had just enough to get past summary judgment.
July 29, 2019 at 07:07 PM
3 minute read
Google has settled a singular intellectual property case that involves the deployment of balloons in the stratosphere to provide wireless communications on earth.
Space Data Corp. had been scheduled to go to trial next week with Alphabet Inc., Google LLC and subsidiary Loon LLC. But the parties notified U.S. District Judge Beth Labson Freeman of the Northern District of California on July 26 that they'd settled.
An attorney representing Space Data said he would have no comment, and Google did not immediately respond to a request for comment.
Space Data had sued Google over what Google had dubbed Project Loon: the idea of deploying a “mesh” of balloons all over the planet from 60,000 to 100,000 feet in the air. The balloons could send and receive communication signals from the ground, in theory making internet communications available anywhere.
Arizona-based Space Data said it patented “stratospheric balloon-based transceivers” many years ago, in large part for its Army and Marine Corps. clients. The company said it held valuable proprietary data about stratospheric wind conditions based on hundreds of thousands of flight hours.
Space Data entered into acquisition discussions with Google in 2007. Sergey Brin and Larry Page were among a team of about a dozen Google executives who toured Space Data's facility. The crew came armed with cameras and took notes, and some confidential data was loaded onto a Space Data Wiki created within Google, according to court papers.
The acquisition didn't go through, ostensibly because Space Data executives leaked news of the discussions prematurely to The Wall Street Journal.
Google then proceeded with Project Loon, saying it had independently developed the idea of using high-altitude balloons for communications. Any “residual” information Google employees may have obtained through unaided observations were specifically carved out of the two companies' nondisclosure agreement, Google noted.
Freeman cleared Space Data's trade secret claims for trial in May, though she stated it was “by an extremely thin margin and drawing all inferences for Space Data.”
“A jury could reasonably infer that Google used the photographs or notes to recall or delineate the trade secrets that were disclosed during the Tour,” Freeman wrote. And Google's records “show that numerous Google employees visited the Wiki.”
She likewise found that a genuine issue of material fact existed as to Space Data's claim for breach of the NDA.
Space Data also had sued for patent infringement, but Freeman found two patents contained indefinite claims, a third was not infringed, and the fourth is under review at the Patent Trial and Appeal Board.
Space Data was represented at the pretrial conference by Hosie Rice's Spencer Hosie, Darrell Atkinson and Francesca Germinario. Appearing for Google were Keker, Van Nest & Peters partners Robert Van Nest, Matthew Werdegar, Eugene Paige, Matthias Kamber and Ryan Wong and associates Leah Pransky, Shayne Henry and Andrew Bruns.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllIn Lawsuit, Ex-Google Employee Says Company’s Layoffs Targeted Parents and Others on Leave
6 minute readPre-Internet High Court Ruling Hobbling Efforts to Keep Tech Giants from Using Below-Cost Pricing to Bury Rivals
6 minute readWill Khan Resign? FTC Chair Isn't Saying Whether She'll Stick Around After Giving Up Gavel
Trending Stories
- 1Life, Liberty, and the Pursuit of Customers: Developments on ‘Conquesting’ from the Ninth Circuit
- 2Biden commutes sentences for 37 of 40 federal death row inmates, including two convicted of California murders
- 3Avoiding Franchisor Failures: Be Cautious and Do Your Research
- 4De-Mystifying the Ethics of the Attorney Transition Process, Part 1
- 5Alex Spiro Accuses Prosecutors of 'Unethical' Comments in Adams' Bribery Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250