Late last week, Judge Derek T. Gilliland of the Western District of Texas issued a discovery ruling in a case brought by Touchstream Technologies Inc. against Google LLC over allegedly infringing Chromecast functionalities. The opinion doubled down on the court’s previous ruling made at oral argument, that Touchstream failed to identify a basis for allowing discovery on products that perform the accused method outside the United States.
The company filed suit against Google in June 2021, alleging infringement based on Google’s Chromecast product, which the plaintiff said performs infringing functionalities. Specifically, the asserted claims are methods that purportedly relate to “casting” of video, locating content on one screen and watching it on another.
Touchstream’s motion to compel sought information on casting and non-casting activity occurring outside the United States, arguing that “whether domestic infringement of method claims can be tied to foreign sales controls whether foreign damages are recoverable.”
Touchstream asked the court to reconsider the ruling it made during the Nov. 16, 2022 discovery hearing, denying Touchstream’s request to compel global usage metrics. Judge Gilliland opined that the present motion adduces no new facts or evidence that warrant reconsideration nor does it cite new case law that compels the court to change its decision.
Touchstream points to cases factually distinct from the present one, the decision found. For example, two cases the plaintiff cites allege that the foreign activities or products that infringe the accused method abroad are not sold, used, or imported into the United States, whereas that is unequivocally not the case here.
“There is no dispute that infringement of a method claim requires that each of the claimed steps be performed within the United States,” the court said.
Touchstream is represented by Shook, Hardy & Bacon L.L.P. and Google by Jones Day and Potter Minton PC.
