Monday, August 3, 2009

Google Does Not Control Users and AdWords Advertisers for Purposes of Joint Direct Infringement

The magistrate judge recommended granting defendant's motion to dismiss for failure to state a claim of direct infringement. "Google argues that its interactions with users and AdWords advertisers constitute arms-length transactions, and that [plaintiff] has not alleged that Google acts as a 'mastermind' directing or controlling the actions or participation of users. The court agrees. [Plaintiff] has not alleged that those who participate in Google AdWords do so at the behest of Google, even under an expansive interpretation of 'direction or control,' and . . . [plaintiff] has failed to properly allege that [defendant] exercises even a modicum of control over Google AdWords users to satisfy the Federal Circuit's joint infringement standard."

Desenberg v. Google, Inc., 1-08-cv-10121
(NYSD July 30, 2009, Report & Recommendations) (Peck, M.J.)

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