Google, Facebook lose case over patent lawsuit dismissal

Search engine giant Google and social networking site Facebook have lost a case for dismissal of a lawsuit by New York-based Wireless Ink, which runs the Winksite service, over a software that allows people to access social networks through their mobile devices.

WinkSite, which helps its users build simple mobile websites that make it easier for visitors to browse  and create mobile website communities, was started in 2001 by Dave Harper, its CEO.

US district judge Kevin Castel said in Manhattan on Friday that Wireless Ink Corporation, which manages the Winksite service, may claim violation of its October 2009 patent by Google Buzz and Facebook Mobile.

The patent involves a method to help new mobile phone users create mobile websites that would allow access to phone users. Wireless Ink sought to put an end to the suspected infringement and any further damage.

It said 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 ... this was solely due to a deliberate indifference on the part of defendants.

According to an amended complaint filed in December, the company's application for its so-called '983 patent became public in January 2004 which was three years before Facebook launched its first mobile website and six years before Google launched Buzz to compete with Facebook.

According to judge Castel, Wireless Ink does not assert any facts that conflict with the existence of a feasible claim. He added that he dismissed counterclaims seeking to invalidate the Wireless Ink patent.