🧠 Food for thought

Implications, context, and why it matters.

Claim construction reversal will decide the verdict’s durability

• A $170 million award came after the Federal Circuit reversed a runtime engine interpretation that protected GoDaddy 1, then a jury verdict followed 2.
• The appeals court said the patents require the runtime engine (a browser-side component that executes page instructions) to use or employ database information, not read it, which could let GoDaddy’s JavaScript tools infringe 1.
• Express Mobile won a $40 million Shopify verdict in 2022, which a judge overturned.
• GoDaddy beat Express Mobile’s ‘755 family when a jury found no infringement for “registry” and “Player” technologies, then the Federal Circuit affirmed that outcome 1.
• The ‘397 and ‘168 patents trace to a 1999 filing, which may limit recoverable damages (how far back monetary relief can be sought) 3.

Website platforms face broad exposure from Express Mobile’s campaign

• Express Mobile is pursuing Meta, Google, eBay in a ‘168 patent appeal at the Federal Circuit, which in June 2025 vacated a Patent Trial and Appeal Board (PTAB) ruling and remanded, with district cases to follow 4.
• Counsel says founder Steve Rempell, a former IBM engineer, developed browser engine techniques used industrywide, raising risk for drag and drop site builders 4.
• SaaS companies building site creation tools face a choice to license the portfolio or design around (implement alternative technical approaches to avoid infringement) runtime engine claims, with the GoDaddy verdict signaling large damages risk 2.
• Patent insurance providers plus intellectual property (IP) risk firms can target web hosts, e-commerce builders, no-code vendors.