DCT
2:17-cv-00220
Vaporstream Inc v. Snap Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Vaporstream, Inc. (Delaware)
- Defendant: Snap Inc. d/b/a Snapchat, Inc. (Delaware)
- Plaintiff’s Counsel: Susman Godfrey L.L.P.
- Case Identification: 2:17-cv-00220, C.D. Cal., 01/10/2017
- Venue Allegations: Venue is alleged to be proper based on Defendant's principal place of business in Venice, California, and its commission of infringing acts within the Central District of California.
- Core Dispute: Plaintiff alleges that Defendant’s Snapchat mobile messaging application infringes nine patents related to electronic messaging systems with reduced traceability.
- Technical Context: The technology concerns methods for enhancing user privacy in electronic messaging by separating the display, storage, and transmission of message content from associated identifying information (e.g., sender and recipient data).
- Key Procedural History: Subsequent to the filing of this complaint, a series of inter partes review (IPR) proceedings were initiated against the asserted patents. These proceedings resulted in the U.S. Patent and Trademark Office cancelling numerous asserted claims, including the lead independent claims of U.S. Patent Nos. 8,886,739; 8,935,351; 9,306,885; 9,313,155; and 9,313,156. The cancellation of these claims may substantially narrow the scope of the ongoing dispute.
Case Timeline
| Date | Event |
|---|---|
| 2005-07-28 | Earliest Patent Priority Date for all Patents-in-Suit |
| 2014-11-11 | U.S. Patent No. 8,886,739 Issued |
| 2015-01-13 | U.S. Patent No. 8,935,351 Issued |
| 2016-04-05 | U.S. Patent No. 9,306,885 Issued |
| 2016-04-05 | U.S. Patent No. 9,306,886 Issued |
| 2016-04-12 | U.S. Patent No. 9,313,155 Issued |
| 2016-04-12 | U.S. Patent No. 9,313,156 Issued |
| 2016-04-12 | U.S. Patent No. 9,313,157 Issued |
| 2016-05-10 | U.S. Patent No. 9,338,811 Issued |
| 2016-08-09 | U.S. Patent No. 9,413,711 Issued |
| 2017-01-10 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,886,739 - “Electronic Message Content And Header Restrictive Send Device Handling System And Method,” Issued November 11, 2014
The Invention Explained
- Problem Addressed: The patent describes a problem with conventional electronic messaging where messages are susceptible to interception and logging, and where identifying "header information" (sender, recipient, time) is coupled with the message content, creating a lasting, traceable record that can be misused (’739 Patent, col. 1:56-2:8).
- The Patented Solution: The invention proposes a method on a sender's device to reduce this traceability. It involves providing a first display for a user to input message content and a separate, second display for the user to input the recipient's address, ensuring the two are not displayed at the same time. The message content and recipient address are then transmitted separately, and the message content is rendered inaccessible on the sending device after transmission to a server, preventing the creation of a complete, traceable record on the device itself (’739 Patent, Abstract; col. 2:30-43).
- Technical Importance: This approach aims to enhance privacy by breaking the persistent link between what is said (message content) and who said it to whom (header information) at the point of message creation on the sender's device (’739 Patent, col. 4:51-55).
Key Claims at a Glance
- The complaint asserts independent claim 1 and dependent claims 4-8 and 10 (Compl. ¶26).
- Independent Claim 1 requires a method with the elements of:
- Providing a first display and a second display at a sending user device.
- The first display is for associating a message content (including a media component) with the electronic message.
- The second display is for inputting a recipient address corresponding to the message content.
- The first and second displays are not displayed at the same time.
- Receiving the first recipient address via the second display.
- Transmitting the recipient address and the message content from the sending device to a server, with the two being transmitted separately.
- The message content is not accessible by the sending user for display after transmitting the media component to the server.
U.S. Patent No. 8,935,351 - “Electronic Message Content And Header Restrictive Recipient Handling System And Method,” Issued January 13, 2015
The Invention Explained
- Problem Addressed: The patent addresses the same traceability problem as the ’739 Patent but focuses on the recipient's side of the communication (’351 Patent, col. 1:56-2:8).
- The Patented Solution: The invention describes a method on a recipient's device where header information (like the sender's name) is displayed separately from the message content. A user first sees the header information, selects the message, and is then shown the message content in a second display that does not include the sender's username. The message content is automatically deleted after being displayed, preventing it from being permanently stored or easily associated with the sender on the recipient's device (’351 Patent, Abstract; col. 2:44-59).
- Technical Importance: This method extends privacy protection to the recipient's device by ensuring that even if the device is compromised, a captured screen or stored data will not show both the message content and the sender's identity simultaneously (’351 Patent, col. 8:1-8).
Key Claims at a Glance
- The complaint asserts independent claim 1 and dependent claims 3-7, 9, 11, and 12 (Compl. ¶37).
- Independent Claim 1 requires a method with the elements of:
- Receiving at a recipient user device a first header information for a first message content that includes a media component.
- Providing a first display showing the first header information in a message list, where the media component is not displayed.
- Receiving the first message content at the recipient user device.
- Receiving a selection by the user directed to the header information.
- In response, providing a second display showing the first message content without displaying a username associated with the header information.
- Automatically deleting the first message content at a predetermined time after being displayed, such that it is no longer available to the recipient user.
U.S. Patent No. 9,306,885 - “Electronic Message Send Device Handling System And Method With Media Component And Header Information Separation,” Issued April 5, 2016
- Technology Synopsis: This patent describes a sender-side method for preventing a single-screen capture of both message content and a recipient identifier by displaying them separately and transmitting them separately to a server for later correlation (Compl. ¶46).
- Asserted Claims: Independent claim 1 and dependent claims 5-10 (Compl. ¶48).
- Accused Features: The Snapchat App is accused of practicing this invention by associating a message content (snap) and a recipient identifier through separate displays on the sending device, preventing a single-screen capture, and transmitting them separately to a Snapchat server (Compl. ¶47).
U.S. Patent No. 9,306,886 - “Electronic Message Recipient Handling System And Method With Separated Display Of Message Content And Header Information,” Issued April 5, 2016
- Technology Synopsis: This patent relates to a recipient-side method where header information and message content are displayed separately to prevent a single-screen capture, with a server using a correlation to relate the two components (Compl. ¶57).
- Asserted Claims: Independent claims 1 and 8, plus other dependent claims (Compl. ¶59).
- Accused Features: The Snapchat App is accused of infringement by displaying a notification with a sender's username (header) separately from the snap (content) on the recipient's device, thereby preventing a single-screen capture of both (Compl. ¶58).
U.S. Patent No. 9,313,155 - “Electronic Message Send Device Handling System And Method With Separation Of Message Content And Header Information,” Issued April 12, 2016
- Technology Synopsis: This patent covers a sender-side system where message content (including media) and header information are associated with an electronic message via separate displays that are not shown at the same time (Compl. ¶68).
- Asserted Claims: Independent claims 1 and 9, plus other dependent claims (Compl. ¶70).
- Accused Features: The Snapchat App is accused of using a first display for a user to create a snap and a second display for the user to select recipients, without displaying the snap and recipient username at the same time (Compl. ¶69).
U.S. Patent No. 9,313,156 - “Electronic Message Send Device Handling System and Method With Separated Display And Transmission Of Message Content And Header Information,” Issued April 12, 2016
- Technology Synopsis: This patent describes a sender-side method of separately displaying and separately transmitting message content and a recipient identifier to a server, which can relate them at a later time, to prevent single-screen capture (Compl. ¶79).
- Asserted Claims: Independent claims 1 and 6, plus other dependent claims (Compl. ¶81).
- Accused Features: The Snapchat App is accused of using separate displays for message content and recipient selection, preventing screen capture, and then separately transmitting this information to a server (Compl. ¶80).
U.S. Patent No. 9,313,157 - “Electronic Message Recipient Handling System And Method With Separation Of Message Content And Header Information,” Issued April 12, 2016
- Technology Synopsis: This patent focuses on a recipient-side method where header information and message content are displayed in separate displays, such that the content display does not include the header information, preventing a single-screen capture (Compl. ¶90).
- Asserted Claims: Independent claims 1 and 10, plus other dependent claims (Compl. ¶92).
- Accused Features: The Snapchat App is accused of displaying a notification with a sender's username in a first display, and the snap itself in a second, separate display, thereby preventing a single-screen capture of both (Compl. ¶91).
U.S. Patent No. 9,338,111 - “Electronic Message Recipient Handling System And Method With Media Component And Header Information Separation,” Issued May 10, 2016
- (Note: The complaint misidentifies the issue date and title in paragraph 16, but correctly identifies the patent number. The correct title and date are used here from the patent document).
- Technology Synopsis: The complaint alleges this patent is infringed by the same conduct as the '885 patent, involving sender-side separate display and transmission of message content and recipient identifiers to prevent screen capture (Compl. ¶101).
- Asserted Claims: Independent claims 1 and 8, plus other dependent claims (Compl. ¶103).
- Accused Features: The infringement allegations mirror those for the '885 patent, focusing on the Snapchat App's use of separate displays for content creation and recipient selection on the sender's device (Compl. ¶102).
U.S. Patent No. 9,413,711 - “Electronic Message Recipient Handling System And Method With Separation Of Message Content And Header Information,” Issued August 9, 2016
- Technology Synopsis: This patent describes methods for separating sender-side and recipient-side information. It covers both associating message content and recipient ID separately on the sending device, and separately displaying sender ID and media component on the recipient device (Compl. ¶112, which incorrectly references the '885 patent's claims).
- Asserted Claims: Claims 1-17 (Compl. ¶115).
- Accused Features: The complaint alleges the Snapchat App infringes by enabling separate display and transmission on the sender's device, and separate display and receipt on the recipient's device, to prevent screen captures of content with associated identifiers (Compl. ¶¶113-114).
III. The Accused Instrumentality
Product Identification
The accused product is Snap Inc.’s mobile messaging application, Snapchat (“Snapchat App”) (Compl. ¶20).
Functionality and Market Context
- The complaint describes the Snapchat App as a mobile application that allows users to create an electronic message, called a “snap,” which consists of a photo or video (Compl. ¶25). After creating the snap, the user is presented with a separate display for selecting one or more recipients (Compl. ¶25). The complaint alleges that the snap and the recipient information are transmitted separately from the user's device to servers maintained by the Defendant (Compl. ¶¶25, 47). Upon receipt, a recipient is shown a notification with the sender's username, and then separately views the snap itself (Compl. ¶36). The snap is allegedly no longer accessible to the sender after transmission and is no longer available to the recipient after a predetermined time (Compl. ¶¶25, 36).
- The complaint alleges the Snapchat App is used by more than 150 million daily active users (Compl. ¶5).
- No probative visual evidence provided in complaint.
IV. Analysis of Infringement Allegations
U.S. Patent No. 8,886,739 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| providing a first display...at a sending user device, the first display...to allow a sending user to associate a first message content including a media component with the electronic message... | The Snapchat App provides a first display at launch that allows a user to take a photo or video to associate with an electronic message. | ¶25 | col. 2:30-32 |
| providing...a second display at a sending user device...to allow the sending user to input a first recipient address corresponding to the first message content... | The Snapchat App provides a second display for the selection of one or more recipient addresses for the snap. | ¶25 | col. 2:32-35 |
| the first and second displays not being displayed at the same time; | The Snapchat App does not display the content creation screen and the recipient selection screen at the same time. | ¶25 | col. 2:37-38 |
| transmitting the recipient address and the first message content...from the sending user device to a server computer, the first message content...being transmitted to the server computer separately from the recipient address... | The Snapchat App allows the message content and recipient addresses to be transmitted separately from the user device to Defendant's servers. | ¶25 | col. 2:39-43 |
| the first message content...not being accessible by the sending user for display via the sending user device after said transmitting the media component to the server computer. | The Snapchat App ensures that the snap is not accessible from the user device after it has been transmitted to Defendant's servers. | ¶25 | col. 2:44-48 |
U.S. Patent No. 8,935,351 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| receiving at a recipient user device a first header information of a first electronic message, the first electronic message including a first message content that includes a media component... | The Snapchat App, on a recipient device, receives a notification of an unread message from a sender, which includes the sender's username. | ¶36 | col. 2:44-47 |
| providing a first display via the recipient user device, the first display including the first header information in a message list, the first display not displaying the media component... | The Snapchat App displays the notification of the unread message and sender's username in a first display without displaying the snap itself. | ¶36 | col. 2:47-50 |
| in response to a selection...providing a second display via the recipient user device, the second display displaying the first message content...without displaying a username associated with the first header information... | Upon accepting a snap, the Snapchat App separately displays the snap in a second display that does not show the sender's username. | ¶36 | col. 2:54-57 |
| automatically deleting the first message content including the media component at a predetermined amount of time after being displayed such that after the second display is terminated from view, the first message content...is no longer available to the recipient user. | Once displayed for a predetermined amount of time, the snap is no longer available to the recipient user on the recipient user device. | ¶36, ¶1 | col. 2:57-62 |
Identified Points of Contention
- Scope Questions: A central question may be whether the user interface workflow of the Snapchat App—which involves distinct user actions like taking a picture, then tapping a button to proceed to a separate recipient selection screen—maps to the claimed method steps of "providing a first display" and "providing a second display." The analysis may explore whether these user-driven screen changes meet the claim limitations as described in the patent specifications.
- Technical Questions: For the '739 patent, a question is what evidence supports the allegation that the snap "is not accessible from the user device" after transmission (Compl. ¶25). For the '351 patent, a factual question may be whether the Snapchat App's notification list constitutes "header information in a message list" and whether the subsequent full-screen snap view constitutes a "second display" that functions as claimed.
V. Key Claim Terms for Construction
"not displayed at the same time" (’739 Patent, Claim 1; ’351 Patent, Claim 1)
- Context and Importance: This term is central to the core inventive concept of separating content from identifying data to prevent screen captures. Its construction will determine whether the sequential, but distinct, user interface screens in the Snapchat App meet the limitation. Practitioners may focus on this term because the infringement theory for multiple patents rests on Snapchat's user interface workflow satisfying this requirement.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification discusses the goal of preventing a "third party that is logging messages...to associate the potentially important identifying information...with the message content" (’739 Patent, col. 2:1-5). This purpose could support an interpretation where temporal separation (not being on the screen simultaneously) is sufficient, regardless of whether the displays are part of a single, continuous user workflow.
- Evidence for a Narrower Interpretation: The patent repeatedly refers to providing distinct "displays" and "interfaces" (e.g., 'a first display including a first interface' and 'a second display including a second interface') (’739 Patent, col. 2:30-36). This language, along with figures like Fig. 8 and Fig. 9 which show distinct webpage layouts for entering recipient information versus message content, could support a narrower construction requiring more than just sequential screens in a single application workflow.
"header information" (’351 Patent, Claim 1)
- Context and Importance: The complaint alleges that "a notification of an unread message from a sender along with the sender's username" constitutes the claimed "header information" (Compl. ¶36). The viability of this infringement theory depends on whether this common user interface element falls within the patent's definition of the term.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification states that header information is "typically referred to as" identifying information and provides a non-exhaustive list including "the sender, the recipient, the location of the message, times and dates" (’351 Patent, col. 1:65-2:4). This broad, exemplary language may support including a notification with a sender's username within the term's scope.
- Evidence for a Narrower Interpretation: The detailed description often discusses header information in the context of a "container" that is associated with a message via a message ID and is used to populate a message list or "inbox" (’351 Patent, col. 12:35-44; col. 13:35-41). A defendant may argue this context implies a more structured data object than a simple push notification.
VI. Other Allegations
Indirect Infringement
The complaint alleges induced infringement against Snap for actively encouraging and instructing users to download and use the Snapchat App in an infringing manner through, for example, technical assistance and instructions for installation and operation (Compl. ¶¶27-28, 38-39).
Willful Infringement
The complaint alleges that Defendant had notice of the Patents-in-Suit "at least as of the date of this Complaint" (Compl. ¶22). This allegation supports a claim for willful infringement based on conduct occurring after the lawsuit was filed, but it does not allege pre-suit knowledge of the patents (Compl. ¶¶30-31, 41-42).
VII. Analyst’s Conclusion: Key Questions for the Case
Given the subsequent cancellation of many asserted claims in IPR proceedings, the viability of the case will first depend on the remaining, un-cancelled claims. For the allegations as originally filed, the dispute raises several central questions for the court:
- A core issue will be one of definitional scope: can the patent term "separate displays," which is described in the specification with reference to distinct web page interfaces, be construed to cover the sequential, integrated screens within the Snapchat mobile application's user workflow for creating and sending a message?
- A key evidentiary question will be one of technical implementation: what factual evidence demonstrates that the Snapchat App's functionality meets specific claim limitations, such as rendering message content "not accessible" on the sender's device after transmission, or "automatically deleting" content on the recipient's device after a single viewing?
- A fundamental question of claim interpretation will be whether the ordinary and customary meaning of terms like "header information" and "message list" at the time of the invention covers modern mobile app notifications and message feeds, or if the patent's own specification limits these terms to more traditional email-like interfaces.