You Decide: Should Reframe It Sue Google?

About a year ago, Reframe It launched a product that allowed web users to add public (or private) comments on any part of any website, using a side pane in the browser. According to the users’ choice, the comments would be available for later visitors to that website to see and respond to.
Six weeks ago, Google launched SideWiki which . . . does the same thing (without the privacy options). A coincidence? Possibly. But Reframe It co-founder and CEO Bobby Fishkin believes the similarities extend beyond just the ideas for the products. He tells eWEEK that even the layout of the buttons of the two services is strikingly similar.
And the evidence he offers goes deeper:
A Reframe It board member recommended the service to a Google exec in July 2008Within a few months, at least six Google employees registered for the service.Days before Sidewiki’s launch, Google tried to hire Reframe It co-founder and lead engineer Ben Taitelbaum.
Of course, all we have for for all this is Fishkin’s word (though I assume Taitelbaum and the board member would testify as well). Fishkin says Reframe It has a patent pending—and the law says they can amend that application, including to specifically cover the aspects they think Google might be copying. Once the patent is officially issued, they can sue for infringement.
On Google Watch, eWEEK reporter Clint Boulton assembled the side-by-side comparison of the two services:
Reframe It Vs. Google Sidewiki –
Naturally, neither Reframe It nor Sidewiki can claim to be the first web annotation service. However, depending on exactly what their patent will cover, Reframe It may still be able to claim Google violates their patent. (However, at present Reframe It is focusing on launching its 2.0 version, and couldn’t take the distraction, Fishkin says.)
What do you think? Should Reframe It sue Google once it’s patent is issued? Or is this just a coincidence?
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