"EscapeX IP, LLC sued Google in the Western District of Texas, alleging that various YouTube products infringed U.S. Patent No. 9,009,113, titled "System and Method for Generating Artist-Specified Dynamic Albums." Google responded by explaining that EscapeX's original accusations improperly mixed features from different products and that EscapeX's amended theory, targeting YouTube's "Auto-Add" feature, was baseless because the accused functionality predated the '113 patent's priority date."
"The Texas court granted Google's motion to transfer the case to the Northern District of California and noted EscapeX's "troublesome" and repeated filing failures. In parallel litigation, a district court in New York invalidated all claims of the same '113 patent under §101, and EscapeX did not appeal. Following that ruling, EscapeX attempted to file a "joint" dismissal falsely representing Google's consent and an agreement that each party would bear its own fees."
EscapeX sued Google alleging infringement of U.S. Patent No. 9,009,113 based on various YouTube features, later narrowing to the "Auto-Add" feature. Google argued the accused functionality predated the patent's priority date. The Texas court transferred the case to the Northern District of California and criticized EscapeX's repeated filing failures. A New York court invalidated the same patent under §101, and EscapeX did not appeal. EscapeX attempted a false "joint" dismissal reflecting Google's consent, then withdrew and replaced it. The district court awarded Google $191,302.18 under §285 for inadequate pre-suit investigation and denied EscapeX's Rule 59(e) motion.
Read at Intellectual Property Law Blog
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