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By Tim McGlone
The Virginian-Pilot
© October 31, 2012
NORFOLK

A federal judge this morning issued a major blow against a small tech company suing Internet giant Google and other companies over alleged patent infringement.

U.S. District Judge Raymond A. Jackson ruled that if Vringo and its subsidiary, I/P Engine, convince a jury that Google infringed on the patents, it cannot collect damages for the six years prior to the lawsuit’s filing last year.

Vringo is using a formula that calls for collecting a percentage of Google’s profits from 2005 to the present. At a minimum, Vringo told the jury, the company is owed at least $500 million.

Jackson found that Vringo and its predecessor waited too long to file the lawsuit because Google made the patent technology public in 2005. The patents involve directing ads to specific Internet users based on the searches they perform.

A lawyer for Vringo asked the judge to withhold making a final decision on the issue, known as the law of laches, until it can present a rebuttal witness. The judge nixed that idea, calling it “procedurally improper.” In other words, Vringo should have made that move sooner.

“The court is not granting you that opportunity,” Jackson said.

The trial is expected to wrap up tomorrow.

Google is the chief defendant in the case. Vringo also is suing, for far smaller amounts, AOL, IAC Search & Media, Target and Gannett, which use the same Internet advertisting technology from Google.