Impact Engine, Inc. (“Impact Engine”), a California-based technology company that has redefined the online display advertising industry, today announced that a federal judge has allowed Impact Engine’s lawsuit against Google for brazen patent infringement to proceed, denying Google LLC’s (“Google”) motion to dismiss the suit.
“We are very pleased with the Court’s ruling against Google, which represents a significant milestone in our effort to hold Google accountable for its willful infringement of our patent-protected technology and intellectual property,” said Neil Greer, Impact Engine’s CEO and co-Founder. “We stand behind our complaint, and we intend to vigorously defend our intellectual property and protect our innovations, for our own sake and for the sake of other young companies who might be victimized by behemoths such as Google.”
In its Order, the Court also allowed certain of Impact Engine’s claims against Google for willful patent infringement to proceed based on Google’s continued acts after the filing of the complaint. A finding of willful infringement by Google could significantly increase the damages awarded to Impact Engine if the Court finds Google liable for patent infringement.
Background on the Lawsuit
Impact Engine’s core product offerings help advertisers create unique, relevant ads and experiences so that each advertisement can be specifically tailored to the viewer on any device in a cost-effective manner. Impact Engine’s groundbreaking inventions, known by the advertising industry as “Programmatic Creative,” address well-known industry problems and enable advertisers to appeal to consumers with media-rich online display ads at lower production and operations costs.
Over the course of two years, Google invited Impact Engine to multiple meetings to discuss partnering to bring Impact Engine’s innovative and dynamic Programmatic Creative solutions to the Google platform. As a requirement for continuing discussions, Google mandated that Impact Engine develop a working prototype to run on the Google platform and share source code and other intellectual property with Google. As stated in Impact Engine’s complaint, following these discussions, “Google, under the false pretense of a trusting partnership, took Impact Engine’s intellectual property and products.” Google’s Display Ad Builder product is almost entirely based on the ideas and intellectual property created by Impact Engine, and, as detailed in the suit, infringes six of Impact Engine’s patents.
Impact Engine brings claims under the patent laws of the United States, 35 U.S.C. § 1, et seq., for the willful infringement of multiple patents, which include U.S. Patent Nos. 7,870,497; 8,356,253; 8,930,832; 9,361,632; 9,805,393; and 10,068,253.
About Impact Engine
Impact Engine is the leading Rich Media Advertising provider for Local Media and their advertiser and agency clients. With its patented, integrated approach to media-rich display advertising, Impact Engine is able to bring a complete, turnkey approach to increased profits in online display advertising. Impact Engine’s programmatic creative capabilities include mobile, tablet and desktop display ad creation, sales tools, ad optimization, and ad server integration – all in one easy to understand workflow.