WILMINGTON, Delaware, U.S. – The origination of the widely popular application Google Earth is the focus of a patent infringement lawsuit filed on February 20, 2014 by ART+COM Innovationpool GmbH (“ACI”) against Google, Inc. in Delaware Federal Court.
In the lawsuit, ACI, which is a spin off of ART+COM AG, charges that Google Earth products infringe U.S. Patent No. RE44,550, entitled “Method and Device for Pictorial Representation of Space-related Data,” relating to its Google Earth Technology. Key issues included in the lawsuit are: Google Earth can be traced directly to ACI’s patented method through Google Earth’s “development” history, including current executives; Google Earth bears remarkable similarities to ART+COM’s commercial system, which was developed nearly a decade prior to Google’s introduction of Google Earth; and Google’s infringement has been willful, potentially entitling ACI to treble damages.
The lawsuit identifies current Google executives – Michael Jones, Chief Technical Officer of Google Earth, and Brian McClendon, who is in charge of the Google Geo Group and Vice President of Engineering of Google Maps – who previously worked for companies that had access to information regarding the implementation of Terravision. Terravision was ART+COM’s commercial implementation of its patented system.
In the lawsuit ACI states that it believes both Jones and McClendon were aware of Terravision and generally familiar with its capabilities from their tenure with SGI.
“Terravision was developed using Onyx computers of Silicon Graphics, Inc. (SGI) which were the most powerful available at the time for processing and displaying graphical data,” said an ACI spokesman. “In the course of developing Terravision, our inventors worked directly with Michael T. Jones when he was at SGI, where he was our designated contact person. We understand SGI subsequently used Terravision as a demonstration of the capabilities of their Onyx computers.”
Scott Partridge, a partner at Baker Botts L.L.P. and lead counsel for ACI on this matter, said, “The ART+COM patent is not directed to a mere feature of Google Earth. Instead, the patent covers the basic technology that, for example, allows Google Earth users to fly over the earth to a particular destination, and then look at details like weather, buildings, and other images. It operates in a way that is remarkably similar to the Terravision system developed by ART+COM in the mid-90s. It is a fundamental patent.”