Google patent infringement: The proof's in the Post-its?

A company in the UK has sued Google for theft of trade secrets, and the company's proof is in the Post-Its. As Marisa Kendall of The Recorder explained in an August 12, 2014, article, it all started back in 2010. Google entered into  negotiations with VSL Communications about buying VSL's compression technology for audio and video files, or acquiring the entire company.

After getting Google to sign a non-disclosure agreement, VSL sent the company information about its compression technology and other trade secrets. Eight months later, VSL determined the talks were going nowhere and asked Google to return its intellectual property. When the material arrived, according to VSL, it was littered with Post-It notes that discussed how Google could use the VSL technology without paying for it. Google subsequently used the VSL compression methods to enhance streaming and downloading of files via YouTube, Google Play, Google Earth, and "virtually all" of the company's services, according to Kendall.

Google even amended some of its previous patent applications to include the VSL technology, in addition to filing for new patents that used VSL's intellectual property. Google executives reportedly discussed the consequences of being sued for infringement and instructed engineers to "close eyes to existing IP," according to VSL's court filing. After noticing the improved performance of Google's Android operating system and other software, VSL claims to have found its trade secrets in some of Google's publicly available code.