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Google Earth dodges injunction
Judge rejects Skyline's request...

By Declan McCullagh

Published: Tuesday 13 June 2006

A federal judge in Massachusetts has rejected a request for an injunction preventing Google from distributing its popular 3D Earth-mapping and visualisation program.

US District Judge Douglas Woodlock on Friday denied a preliminary injunction requested by a Virginia-based company called Skyline Software Systems, which alleges Google Earth violates its terrain-mapping patent.

A notice posted on the court's website says Woodlock announced his decision in a telephone conference with attorneys involved in the case without publishing a written opinion.

The legal spat began when Skyline sued Keyhole, a digital mapping company, for patent infringement in May 2004. Founded in 1997, Skyline makes a number of mapping products, including one called TerraExplorer, which - according to its website - "allows users to freely fly through 3D terrain and urban environments".

Google became part of the suit after it acquired Keyhole in October 2004. Keyhole made interactive, 3D mapping software based on terabytes of information and images taken from satellites and airplanes. That technology formed the basis for Google Earth, which was released last June.

Also on Monday, Google released a new version of Google Earth that it says has a simpler user interface and textured 3D buildings.

Skyline said Keyhole's technology infringes on a patent it received in late 2002, which is titled "Remote landscape display and pilot training" and talks about "a method of providing data blocks describing three-dimensional terrain to a renderer".

Skyline requested a preliminary injunction that would prohibit sales or distribution of Google Earth while it awaits resolution of the dispute. A full trial is expected later this year.

In a brief filed in February, Google said "Skyline was not the first to provide satellite imagery of the Earth" and cites earlier efforts, such as technology created by SRI International.

CNET News.com's Anne Broache contributed to this report

Declan McCullagh writes for CNET News.com