Who is Impact Engine?

Impact Engine is the leading Rich Media Advertising provider for Local Media and their advertiser and agency clients. With its patented, integrated approach to media-rich display advertising, Impact Engine brings a complete, turnkey approach to increased profits in online display advertising. Impact Engine’s programmatic creative capabilities include mobile, tablet and desktop display ad creation, sales tools, ad optimization, and ad server integration – all in one easy to understand workflow.

What legal action is Impact Engine taking against Google?

  • Impact Engine is suing Google over its ongoing and willful infringement of six patents held by Impact Engine.
  • Under the guise of exploring a potential partnership, Google misled Impact Engine into sharing details on its patented inventions, and then copied those ideas and used them as its own to extract billions of dollars in revenues for Google.
  • As a result of Google’s brazen and willful patent infringement, Impact Engine has been forced to compete against its own technology – technology that Impact Engine invested tens of millions of dollars and almost two decades of work developing into products.
  • Impact Engine is seeking monetary damages, and is asking the court to issue a permanent injunction barring Google from infringing its patents.

Has Impact Engine made any effort to resolve this issue directly with Google, outside of the courts?

  • Impact Engine made several attempts to continue discussions with Google after Google’s executives walked out of their final meeting in 2007.
  • When Google’s infringing product came out in 2008, Impact Engine was caught off guard by Google’s willful infringement of its IP, and did not immediately have the resources to battle Google’s legal machine.
  • At the time, Impact Engine needed to focus the resources it did have on competing with the infringing product Google had put out in the marketplace.
  • The company is now ready to challenge Google’s unlawful and unethical actions.

How did Google obtain access to Impact Engine’s inventions?

  • In 2005, Google recognized its failing AdSense product needed Impact Engine’s revolutionary platform and thus engaged in ongoing discussions with Impact Engine.
  • Over the course of two years, Impact Engine disclosed proprietary technology to Google in the context of partnership negotiations – information Google said was required for the conversations to continue.
  • At the time, Impact Engine was a young startup with every incentive to explore the possibility of partnering with an established company like Google – and Google said repeatedly that they had a strong interest in partnering with Impact Engine.
  • Impact Engine believed it was protected against IP infringement, having filed a provisional patent application with the U.S. Patent and Trademark Office for the patents at issue in this lawsuit.

What does Impact Engine hope to achieve with this lawsuit? If the allegations are true, Google has already built a billion-dollar business using Impact Engine’s IP, which will be difficult (if not impossible) to unwind and hand over to Impact Engine.

  • Google’s willful infringement of Impact Engine’s inventions was so flagrant that we had to take action.
  • Impact Engine is determined to enforce its intellectual property rights and to protect its innovations, for Impact Engine’s own sake and that of other young companies who might be victimized by behemoths such as Google.
  • Google’s actions are exactly the type of behavior the patent laws were intended to prevent.
  • Innovation is at the core of Impact Engine’s business. This lawsuit is a critical step toward not only stopping Google’s ongoing infringement of Impact Engine’s IP, but also ensuring that Impact Engine’s future inventions will be protected.
  • We are not trying to unwind or destroy Google’s business. Impact Engine is asking the court to issue a permanent injunction to stop Google’s continuing infringement of its IP, and is also seeking monetary damages.