Google’s sheer size guarantees they are in the highest tier. This is likely why they chose to litigate as they feel the huge sum they must pay is worth going to court to fight.

The interesting thing about patents is that they can sometimes be overturned if it is proven that a worker of ordinary skill, knowing the prior art, would have found the patented invention obvious at the time of filing or that the patent holder did not invent the patent. Please see this link on prior art for more information.

Google may be in a position to dig up information that can help them in this patent suit as they well — own — Google. And if related information exists in electronic form, this information will likely be found and used to help win the case. The search giant likely has a team digging through a massive amount of telephony archives trying to come up with a way to win this lawsuit.

This case has ramifications for the entire VoIP industry and for any other company venturing into the VoIP market. If Google wins, it reduces a barrier for providing VoIP service. If not, then Google may not be able to provide VoIP service. You see according to Weinberger, when an infringer will not discuss their alleged patent infringement with RTI, there is little else that RTI can do except to pursue its remedies for the (willful) infringements in a court of competent jurisdiction.

The remedies which RTI then seeks include damages, treble damages, a permanent injunction against further making, using, selling, offering for sale, and importing of the infringing products and services for the remaining lives of the patents, payment of RTI’s legal fees, and a product recall of all examples of those infringing items.

So it seems that Google has bet the VoIP farm. Time will tell if they win or lose.