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Supreme Court declines to review Street View patent case that Google lost in appeals court

Grant Gross / PCWorld :

PCWorld Grant Gross

Context & Ripple Effects

This cert denial closes out a rare outright loss for Google in court over Street View: after the appeals court ruled against it, the Supreme Court's refusal to hear the case leaves that defeat standing with no further federal recourse. It fits a familiar pattern in the related coverage — Google has repeatedly asked the high court to intervene in its IP fights and repeatedly been turned away, from the Oracle v. Google software copyright dispute to the Authors Guild's challenge over Google Books.

First-order effects

  • The appeals court ruling against Google is now final, so the Street View patent judgment stands and any remedies ordered below are enforceable.

Second-order effects

  • The denial tells other patent holders that winning at the appeals level is effectively game over against big tech defendants — no Supreme Court backstop is coming, which strengthens the bargaining position of plaintiffs holding validated software and mapping patents.

Third-order effects

The trend: The Supreme Court's steady stream of cert denials is leaving the federal appeals courts as the last meaningful check on how patent and copyright law applies to Big Tech's flagship products.