Image via CrunchBaseBoth Google Inc. and Facebook Inc. have failed to get a lawsuit dismissed, which was filed by a New York company, Wireless Ink Corp, putting the service of letting users to take part on social networks via mobile phones into question. Winksite, the title service of Wireless Ink Corp, now has the rights to pursue its claim accusing both Google Buzz and Facebook Mobile to be infringing its patent of October, 2009. This verdict was announced by a U.S. District Judge, Kevin Castel, in Manhattan who gave a public ruling on Friday.
Image via CrunchBaseThe patent is linked to the method of helping beginner mobile phone users to create mobile websites which other phone users will be able to visit. Wireless Ink is expecting the court to not only freeze the activities which infringe on their patent but also hoping to get a triple compensation of all thr damages. It was written in latest amended version of the complaint filed in December, that Wireless Ink's application for its so-called '983 patent was first disclosed publically in January 2004.
It was not until 2007 when the mobile website of Facebook was lunched, and the mobile version of Google Buzz was released even later in 2010. Wireless Ink has written that "If two of the most resource-rich, patent-savvy and technologically advanced companies leading the Internet were not aware of the '983 patent, despite its potential ramifications upon a major segment of the defendants' business," than "this was solely due to a deliberate indifference on the part of defendants."
Wireless Ink Declared that even though Winksite has only around 75,000 registered users, whereas Facebook Mobile gathers tens of millions of users along with the tens of millions of Google user, it has still has the right of pulling action against its patents’ infringement. While disclosing the result Castel claimed that Wireless Ink "does not allege any facts that are inconsistent with the existence of a viable claim." He further also disapproved all the requests made in attempt to annul the patent of Wireless Ink in question.
Google had to initially face privacy issues when it first used e-mail lists of Gmail accounts to build its social networks of Google Buzz contacts. This setting was hence altered later. Obviously considering the size of all three companies, analysts have considered it a great failure on behalf of Google Buzz and Facebook Mobile.
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