Google seeks non-infringement declaration over Android keyboard app

Google has asked a court to declare that it did not infringe a patent for a universal keyboard, just days after defending a lawsuit related to its Gboard keyboard application.

In the motion, filed at the US District Court for the Northern District of California on Friday, October 11, Google hit back at recently-established company Princeps, which earlier this year sued Google for infringing the patent (US number 6,703,963).

In response to the earlier suit, Google said that Princeps did not own the patent when it filed the complaint in June and therefore did not have the right to sue.

Last week, Princeps filed a motion to voluntarily dismiss the case without prejudice.

Google has now sought to ward off any potential repeat of the litigation.

“The court should not allow the threat of a future lawsuit against Google to cast a cloud over Google’s business, causing uncertainty for Google regarding the ongoing sale of its products,” the company said.

Google added that there was still a “substantial controversy between Google and Princeps having adverse legal interests of sufficient immediacy and reality to warrant the issuance of a declaratory judgment of noninfringement”.

Princeps had argued that Google’s Pixel smartphones, which use the Android operating system and the Gboard keyboard application, infringed the ‘963 patent.

In its latest filing, Google said that its products differed from the claimed invention covered by the ‘963 patent in several ways.

According to Google, its products lack claimed features such as “input keys that are separate and distinct from the domain control”, as well as a “function-specific display...wherein the input keys and domain control are simultaneously presented by the input device”.

Google is seeking an order enjoining Princeps from alleging that the tech company has infringed the ‘963 patent, as well as an award of attorneys’ fees.

Did you enjoy reading this story?  Sign up to our free daily newsletters and get stories like this sent straight to your inbox.