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Law360: Fed. Circ. Wipes Out Google’s US$20M Anti-Malware Patent Loss

April 17, 2023

The Federal Circuit unanimously reversed a district court’s judgment against Google concerning three patents that plaintiffs, Alfonso Cioffi and the family of Allen Rozman, asserted against the company’s Chrome web browser. “Our precedent requires more than that a skilled artisan be able to infer that the embodiment claimed on reissue was described in the specification of the original patent,” the panel said. “There must be an ‘express disclosure’ of the ‘exact embodiment claimed on reissue.’ An express disclosure of an embodiment containing two web browser processes ‘is exactly what was missing here’ ... and the asserted claims are therefore invalid.” Google is represented by Darin Snyder, David Almeling, Luann Simmons, and Mark Liang of O’Melveny & Myers LLP.

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