Google, Apple, and Other Tech Companies Respond To Paul Allen’s Lawsuit

Posted Oct 24, 2010

Google Inc. (NASDAQ:GOOG), Apple Inc. (NASDAQ:AAPL), eBay Inc. (NASDAQ:EBAY), AOL, Inc. (NYSE:AOL), Netflix, Inc. (NASDAQ:NFLX), Office Depot, Inc. (NYSE:ODP), Staples, Inc. (NASDAQ:SPLS), Yahoo! Inc. (NASDAQ:YHOO), and Facebook all got together to fight back against the lawsuit that Microsoft Corporation (NASDAQ:MSFT) co-founder Paul Allen filed against them. Google led the response team by saying that the lawsuit does not back up its claims that they are violating approaches that were pioneered by Interval Research, a defunct incubator company that was financed by Allen.

On October 18, Google and YouTube filed a motion to dismiss the case. Below is an excerpt from Google’s motion:

“Interval must do more than merely state that the law has been violated ? Interval must plead sufficient facts to show that it has a plausible claim for relief. In sum, Interval is not entitled to waste Court and party resources with a scattershot Complaint against multiple Defendants that fails to give any indication as to which products or services Interval contends are infringing and the factual basis for such a claim. Interval?s Complaint is so devoid of any facts to support its infringement contentions that it is impossible for Google to reasonably prepare a defense. At the very minimum, Interval must identify with particularity the products or services accused of infringement and the factual basis for any claim that such products and services allegedly infringe the patents-in-suit. Since Interval has failed to do so, its Complaint should be dismissed.”