A California federal court has lifted a restraining order against
Juno Online Services that had stopped the ISP from displaying
advertisements on its free internet service. The decision deals a
blow to Juno’s rival NetZero which alleges infringement of its
patent for advertising technology.
In his order, Judge Stephen V. Wilson rejected NetZero's request
for a preliminary injunction that would have broadened the existing
temporary restraining order and extended its duration until the
outcome of a forthcoming trial on the question of infringement.
Instead, in a victory for Juno, the court lifted the temporary
restraining order entirely.
The temporary order, which had been in place from early January
until Friday, had prevented Juno from displaying third-party
advertising on its “floating ad banner”. The patent, which was
issued in December, applies to a process that enables an ISP to
display advertisements or messages through a window that is
separate from the browser.
The California court determined that NetZero's patent claims are
vulnerable to attack on grounds of invalidity and non-infringement
when a full trial is conducted later this year. Richard Buchband,
senior vice president and general counsel of Juno said: “We're
encouraged by today's ruling and believe that it is a good
barometer of Juno's chances for prevailing at trial.”
