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Observations and Opinions regarding Patents and Inventions of Current Interest
Active Signals, Passive Denials: Analyzing Promoter-Based Ranking and the Infringement Allegations in McLellan v. Google
The InventionSession Podcast by ByteLaw®
15 minutes
1 month ago
Active Signals, Passive Denials: Analyzing Promoter-Based Ranking and the Infringement Allegations in McLellan v. Google
This is a legal analysis by the IP Consultancy ByteLaw® (Active Signals Passive Denials - Analyzing Promoter-Based Ranking and the Infringement Allegations in McLellan v Google) of the case McLellan v. Google (Mcclellan v Google 125-cv-1276197), where the plaintiff alleges that Google’s local search ranking system infringes upon its U.S. Patent No. 8,849,807. The '807 patent claims a novel method for ranking websites by combining a traditional content-based score with an "activity weight" derived from tracking the website "promoter's" engagement, such as logging into a business profile. The analysis argues that the plaintiff’s claims are plausible because using such a system, despite contradicting Google’s public statements about ranking, provides a necessary strategic advantage for maintaining the data integrity of its valuable local search product. Crucially, the lawsuit specifically alleges that the Google Business Profile (GBP) system is the functional implementation of the patented three-database architecture and activity tracking method. Ultimately, the article suggests the case will likely be decided on technical evidence revealing how Google weights and processes promoter activity, not on its stated ranking policies.
The InventionSession Podcast by ByteLaw®
Observations and Opinions regarding Patents and Inventions of Current Interest