An examination of federal court dockets shows that Google didn’t settle any patent challenges in 2008, in contrast with its more conciliatory practice in previous years. Alan Fisch (Kaye Scholer) -- who is not involved in any Google patent infringement litigation -- observes that a court ruling can result in verdicts costing hundreds of millions of dollars, which often makes settlement a smarter solution, avoiding drawn-out cases and legal fees, adding "If you’re going to take a hard-line approach, you’d better back it up with victories".
Raymond Niro (who represented HyperPhrase Technologies in its unsuccessful action against Google, alleging infringement of its patent for a web browser tool-bar) says the new strategy will cause more litigation, not less:
"The typical reaction of litigation-oriented attorneys is there’s no sense talking to Google, you might as well just sue them. They want to project a very aggressive approach to litigation".Google and Hyperphase are now locked in a post-infringement spat over legal costs, with Google chasing the unsuccessful plaintiff for half a million dollars. Google has said that it wasn't opposed to settling claims in an appropriate case, but it was anxious not to be seen as a soft touch.