Fed. Circ. Revives Malware Patent Suit Against Google

Law360, New York (November 18, 2015, 3:31 PM EST) -- The Federal Circuit revived a patent infringement lawsuit an inventor brought against Google over computer malware protection software on Tuesday, ruling the Texas federal judge that tossed the case misread two key phrases in the patents.

Three judges on a Federal Circuit panel said U.S. District Court Judge Rodney Gilstrap, the country’s single busiest patent judge, erred in construing the phrases, thus improperly saving Google Inc.’s flagship Chrome application from the infringement claims.

Judge Gilstrap dismissed the case in 2014, after the plaintiffs — inventor Alfonso Cioffi and the family of his late partner, Allen Frank Rozman — conceded they couldn’t...

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