DCT
2:18-cv-02693
BlackBerry Ltd v. Snap Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: BlackBerry Limited (Canadian corporation)
- Defendant: Snap Inc. (Delaware corporation)
- Plaintiff’s Counsel: Quinn Emanuel Urquhart & Sullivan, LLP
- Case Identification: 2:18-cv-02693, C.D. Cal., 04/03/2018
- Venue Allegations: Venue is based on Defendant maintaining a regular and established place of business in the Central District of California, including its headquarters in Venice and significant office space in Santa Monica, and having committed acts of infringement in the district.
- Core Dispute: Plaintiff alleges that Defendant’s Snapchat application and associated backend systems infringe seven patents related to mobile mapping with real-time activity, user interface elements for messaging, and mobile advertising techniques.
- Technical Context: The technologies at issue cover foundational features of modern mobile messaging and social media applications, including location-based event discovery, message notifications, and targeted advertising.
- Key Procedural History: The complaint states that prior to filing suit, Plaintiff communicated with Defendant for over a year regarding its patent portfolio, which included letters, calls, and an in-person meeting. A letter dated January 27, 2017, allegedly provided notice of infringement for U.S. Patent Nos. 8,301,713 and 8,209,634.
Case Timeline
| Date | Event |
|---|---|
| 2001-07-23 | Earliest Priority Date for U.S. Patent Nos. 8,296,351 and 8,676,929 |
| 2003-09-19 | Earliest Priority Date for U.S. Patent No. 8,301,713 |
| 2003-12-01 | Earliest Priority Date for U.S. Patent No. 8,209,634 |
| 2005-01-01 | BlackBerry Messenger (BBM) application released (approximate) |
| 2010-08-27 | Earliest Priority Date for U.S. Patent Nos. 8,825,084 and 8,326,327 |
| 2011-09-01 | Snapchat application released (approximate) |
| 2012-06-26 | U.S. Patent No. 8,209,634 Issued |
| 2012-10-23 | U.S. Patent No. 8,296,351 Issued |
| 2012-10-30 | U.S. Patent No. 8,301,713 Issued |
| 2012-12-04 | U.S. Patent No. 8,326,327 Issued |
| 2014-03-18 | U.S. Patent No. 8,676,929 Issued |
| 2014-09-02 | U.S. Patent No. 8,825,084 Issued |
| 2017-01-27 | BlackBerry sends notice letter to Snap regarding ’713 and ’634 Patents |
| 2017-06-21 | Meeting between BlackBerry and Snap regarding patents |
| 2017-06-21 | Snapchat introduces "Snap Map" feature |
| 2018-04-03 | Complaint for Patent Infringement Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,825,084 - "System and method for determining action spot locations relative to the location of a mobile device"
- Patent Identification: U.S. Patent No. 8,825,084, "System and method for determining action spot locations relative to the location of a mobile device," issued September 2, 2014 (the "’084 Patent"). (Compl. ¶34).
The Invention Explained
- Problem Addressed: The patent's background section describes the limitations of conventional mobile maps, which typically display static information like streets but fail to show dynamic, real-time events or "happenings." (Compl. ¶¶69-70; ’084 Patent, col. 3:6-11). This requires a user to manually search external resources to find nearby events, a process described as "tedious and result[ing] in user frustration." (Compl. ¶70; ’084 Patent, col. 3:11-27).
- The Patented Solution: The invention discloses a server-based system that identifies locations of user activity, termed "action spots." The server monitors "documenting actions"—such as capturing images, videos, or transmitting messages—from numerous mobile devices and transmits these action spots to a first user's device for display on a map. (Compl. ¶¶71-72; ’084 Patent, col. 7:16-34). The system can also convey an "activity level" for each spot, for example by varying the color of the graphical item, to indicate how popular or "happening" a location is. (Compl. ¶73; ’084 Patent, col. 6:45-59).
- Technical Importance: This technology represents a method for transforming static digital maps into dynamic interfaces for real-time social activity discovery. (Compl. ¶¶77-78).
Key Claims at a Glance
- The complaint asserts at least claims 1 and 9. (Compl. ¶81). Independent claim 1 is directed to a server and its elements include:
- A server configured to: receive data indicative of a current location of a first mobile device;
- determine at least one action spot within a predetermined distance from the current location of the first mobile device, the at least one action spot corresponding to a location where at least one second mobile device has engaged in at least one documenting action...;
- ...the documenting action including at least one of capturing images, capturing videos and transmitting messages;
- transmit the at least one action spot to the first mobile device; and
- transmit to the first mobile device, an indication of an activity level at the at least one action spot, wherein the activity level is based upon at least one of a number of images captured, a number of videos captured, and a number of messages transmitted.
U.S. Patent No. 8,326,327 - "System and method for determining action spot locations relative to the location of a mobile device"
- Patent Identification: U.S. Patent No. 8,326,327, "System and method for determining action spot locations relative to the location of a mobile device," issued December 4, 2012 (the "’327 Patent"). (Compl. ¶38).
The Invention Explained
- Problem Addressed: The complaint states that the ’327 Patent issued from the parent application of the ’084 Patent and contains the same specification. (Compl. ¶99). The problem addressed is therefore the same: mobile device maps were static and lacked dynamic information about events occurring at surrounding locations. (Compl. ¶101; ’327 Patent, col. 3:19-27).
- The Patented Solution: This patent claims a method implemented on the mobile device itself. The device's processor determines its current location, determines action spots within a predetermined distance (based on data that would be received from a server), signifies the action spot with a graphical item on the display, and marks that item according to an activity level. (Compl. ¶101; ’327 Patent, Abstract; col. 3:28-42). This shifts the claimed inventive focus from the server to the client-side device.
- Technical Importance: The claimed solution provides an improvement to the functioning of the mobile device by enabling it to provide an accurate, dynamic indication of activity within a user's vicinity. (Compl. ¶101).
Key Claims at a Glance
- The complaint asserts at least claims 1, 10, and 13. (Compl. ¶105). Independent method claim 13 includes the following elements:
- A method for providing action spots on a mobile device, the method comprising:
- determining, via a processor, a current location of the mobile device;
- determining at least one action spot within a predetermined distance from the current location of the mobile device, the at least one action spot corresponding to a location where at least one other mobile device has engaged in documenting action within a predetermined period of time;
- signifying the at least one action spot with a graphical item on a display of the mobile device; and
- marking the graphical item according to an activity level with at least one action spot.
U.S. Patent No. 8,301,713 - "Handheld electronic device and associated method providing time data in a messaging environment"
- Patent Identification: U.S. Patent No. 8,301,713, "Handheld electronic device and associated method providing time data in a messaging environment," issued October 30, 2012. (Compl. ¶42).
- Technology Synopsis: The patent addresses the problem of unnecessary timestamps cluttering the user interface during a rapid, back-and-forth messaging conversation. (Compl. ¶122). The claimed solution is a method of selectively providing time data only after a "predetermined duration of time has elapsed" without any communication, thereby indicating to the user that a conversation has resumed after a pause. (Compl. ¶¶123-124).
- Asserted Claims: At least claims 1, 5, and 9. (Compl. ¶132).
- Accused Features: The complaint alleges that Snapchat's messaging functionality, which provides time-stamping for messages between users, infringes the ’713 Patent. (Compl. ¶133).
U.S. Patent No. 8,209,634 - "Previewing a new event on a small screen device"
- Patent Identification: U.S. Patent No. 8,209,634, "Previewing a new event on a small screen device," issued June 26, 2012. (Compl. ¶46).
- Technology Synopsis: The patent addresses the challenge for users of small-screen devices who must check multiple, similar applications (such as different instant messaging services) to determine which one has received a new event. (Compl. ¶151). The solution is a method of visually modifying an application's icon on the user interface to include a numeric character that represents a count of new, unread messages from a plurality of different correspondents. (Compl. ¶¶152-153).
- Asserted Claims: At least claims 1, 7, and 13. (Compl. ¶160).
- Accused Features: The complaint accuses Snapchat's functionality of displaying a numeric badge on its application icon to notify users of unread messages. (Compl. ¶¶161, 164-165).
U.S. Patent No. 8,296,351 - "System and method for pushing information to a mobile device"
- Patent Identification: U.S. Patent No. 8,296,351, "System and method for pushing information to a mobile device," issued October 23, 2012. (Compl. ¶50).
- Technology Synopsis: The patent describes a system for pushing information, including targeted advertising, to mobile devices. (Compl. ¶180). The system uses a "proxy content server" that receives information from various sources, organizes it into channels, and uses a feedback signal from the mobile device (such as its location) to select and transmit information from an appropriate channel. (Compl. ¶¶179, 182).
- Asserted Claims: At least claims 1 and 14. (Compl. ¶189).
- Accused Features: The infringement allegations target Snapchat's backend advertising system, which is alleged to function as a "proxy content server" that receives information from advertisers and uses it to push targeted advertising to users. (Compl. ¶¶190, 191).
U.S. Patent No. 8,676,929 - "System and method for pushing information to a mobile device"
- Patent Identification: U.S. Patent No. 8,676,929, "System and method for pushing information to a mobile device," issued March 18, 2014. (Compl. ¶54).
- Technology Synopsis: The complaint states this patent issued from a continuation of the application that led to the ’351 Patent. (Compl. ¶200). It claims a server that, upon detecting a "time triggering event," determines relevant information from a database, inserts a "meta tag" for one or more advertisements into the content, and then sends the content with the embedded ad tag to the mobile device. (Compl. ¶201).
- Asserted Claims: At least claims 1 and 9. (Compl. ¶208).
- Accused Features: The complaint targets Snapchat's advertising system, particularly its alleged ability to detect time-triggering events (such as live events in the "Discover" feature) and insert advertisements into the content sent to users. (Compl. ¶¶209, 210).
III. The Accused Instrumentality
- Product Identification: The accused instrumentality is the Snapchat application and its associated backend servers and systems (the "Accused Products"). (Compl. ¶¶11, 81).
- Functionality and Market Context:
- The complaint identifies several features of the Snapchat application as infringing. The "Snap Map" feature allows users to view "Snaps" (photos and videos) submitted by other users on an interactive map. (Compl. ¶86). This feature is alleged to display color-coded "heat maps" that indicate the level and density of documenting activity by other Snapchat users in a given area. (Compl. ¶88). A screenshot in the complaint shows a map of the Los Angeles area with red and orange overlays indicating high-activity zones. (Compl. p. 25).
- The application also includes a chat function for exchanging messages between users, which provides timestamp information. (Compl. ¶¶133, 40). Further, the Snapchat application icon on a mobile device's home screen is alleged to display a numeric badge to indicate the number of new unread messages. (Compl. ¶164, p. 49).
- The complaint alleges that Snapchat's advertising platform functions as a system for pushing targeted ads to users, utilizing user data such as location and demographics to select and deliver advertisements within features like "Stories" and "Discover." (Compl. ¶¶190, 191, 209).
- The complaint positions Snapchat as a major competitor that built upon BlackBerry's pioneering innovations in the mobile messaging space to attract consumers. (Compl. ¶¶2, 60).
IV. Analysis of Infringement Allegations
’084 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| [A server configured to:] receive data indicative of a current location of a first mobile device | Snapchat's servers receive location data from users who opt-in to location sharing for features like Geofilters and Our Stories. | ¶84 | col. 7:17-19 |
| determine at least one action spot...where at least one second mobile device has engaged in at least one documenting action... | Snapchat's servers are configured to determine action spots based on the locations where other users have engaged in documenting actions, such as submitting Snaps. | ¶85 | col. 7:20-24 |
| ...the documenting action including at least one of capturing images, capturing videos and transmitting messages | The "Snaps" recorded and submitted by users consist of messages, photos, and videos. | ¶86 | col. 2:61-3:5 |
| transmit the at least one action spot to the first mobile device | The determined action spots are transmitted to and displayed on the user's device within the Snap Map feature. | ¶85 | col. 7:31-32 |
| transmit to the first mobile device, an indication of an activity level at the at least one action spot, wherein the activity level is based upon...a number of images captured, a number of videos captured, and a number of messages transmitted | The Snap Map displays color-coded "heat maps" where the color indicates the level and density of Snaps, which constitutes the indication of activity level. | ¶¶87-88 | col. 6:45-59 |
’327 Patent Infringement Allegations
| Claim Element (from Independent Claim 13) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| [A method...comprising:] determining, via a processor, a current location of the mobile device | The Snapchat application, via the device's processor, determines the device's current location when a user enables location permissions. | ¶108 | col. 7:4-5 |
| determining at least one action spot...where at least one other mobile device has engaged in documenting action... | The application's Snap Map feature determines and displays locations where other users have created and shared Snaps (photos, videos, messages). | ¶109 | col. 7:6-12 |
| signifying the at least one action spot with a graphical item on a display of the mobile device | The Snap Map functionality signifies action spots by displaying activity-based, color-coded heat maps on the device's display. | ¶110 | col. 7:13-14 |
| marking the graphical item according to an activity level with at least one action spot | The heat maps are marked with different colors (e.g., blue for some Snaps, red for "tons" of Snaps) to indicate the activity level. | ¶110 | col. 6:35-49 |
Identified Points of Contention:
- Scope Questions: A central question may be whether the term "action spot", which the patents illustrate with discrete graphical items over specific points of interest (e.g., a hotel, a park), can be construed to read on the algorithmically generated, diffuse "heat map" alleged to be the infringing feature in Snap Map. The complaint provides a visual from Snapchat's support page showing how to enable location sharing, which is one step in the accused process. (Compl. p. 24).
- Technical Questions: The complaint alleges that the heat map's color is "indicative of the level and density of documenting activity." (Compl. ¶88). A technical question for the court will be what evidence demonstrates that Snapchat's heat map algorithm functions in the specific manner required by the claims—namely, that the activity level is "based upon at least one of a number of images captured, a number of videos captured, and a number of messages transmitted."
V. Key Claim Terms for Construction
The Term: "action spot"
- Context and Importance: This term is the central inventive concept of the ’084 and ’327 Patents. The outcome of the infringement analysis for the Snap Map feature will depend heavily on how this term is construed, specifically whether it can encompass a "heat map" area in addition to a discrete point.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification provides a broad definition: "The term 'action spot' refers to a location or an event where at least one activity is occurring relative to the current location of another mobile device." (’084 Patent, col. 2:61-64). This language could support an interpretation covering a general area of high activity.
- Evidence for a Narrower Interpretation: The patent figures and their descriptions consistently depict action spots as discrete graphical items (e.g., items 304 and 306 in Figure 3) overlaid on specific, identifiable locations like a "LAKESIDE" or a "CELEBRITY HOTEL." (’084 Patent, Fig. 3; col. 6:45-59). This may support a narrower construction limited to distinct, identifiable locations rather than a continuous, algorithmically-generated color gradient.
The Term: "documenting action"
- Context and Importance: This term defines the type of user activity that generates an "action spot". Its construction is critical for determining if submitting a "Snap" to Snapchat's "Our Story" or Snap Map qualifies as the action required by the claims.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification provides a non-exhaustive list: "a documenting action (such as text messaging, emailing, blogging, posting a message on a social networking internet site...)," as well as "a recording action (such as video recording, audio recording, or photographing...)." (’084 Patent, col. 2:61-3:5). This broad, exemplary language may support including the act of creating and sharing a Snap.
- Evidence for a Narrower Interpretation: The defense may argue that the ephemeral and often private nature of a Snap distinguishes it from the more permanent or public acts of "documenting" contemplated by the patent's examples, such as "blogging."
VI. Other Allegations
- Indirect Infringement: The complaint alleges both induced and contributory infringement for all asserted patents. Inducement is based on allegations that Snap provides instructions and encouragement for users to use the accused features, such as Snap Map. (Compl. ¶¶ 86, 109). Contributory infringement is based on allegations that the software modules for these features are specially made and adapted for infringement and are not staple articles of commerce with substantial non-infringing uses. (Compl. ¶¶ 92, 114).
- Willful Infringement: The allegations of willfulness vary by patent. For the ’713 and ’634 Patents, the complaint alleges pre-suit knowledge based on a notice letter sent to Snap on January 27, 2017. (Compl. ¶¶ 66, 138, 167). For the ’084, ’327, ’351, and ’929 Patents, the willfulness allegations are based on knowledge dating from the filing and/or service of the complaint itself. (Compl. ¶¶ 91, 113, 193, 212).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "action spot", rooted in patent figures showing discrete graphical icons over specific geographic locations, be construed to cover the diffuse, color-graded "heat map" generated by the accused Snap Map feature? The complaint provides a screenshot of this heat map, highlighting the central visual element of the dispute. (Compl. p. 25).
- A second key question will be one of timing and knowledge: what is the legal effect of the January 27, 2017 notice letter? For the ’713 (timestamps) and ’634 (icon badges) patents, this alleged pre-suit notice may substantially elevate the risk of a willfulness finding, whereas for the other asserted patents, the willfulness claim currently rests on the filing of the lawsuit itself.
- The case will also present a broader question of technological evolution: can patent claims drafted for an earlier generation of mobile technology be read to cover the more complex and algorithmically driven features of a modern social media platform? For example, does the "proxy content server" of the ’351 patent, described in the context of early mobile advertising, map onto the sophisticated advertising infrastructure of Snapchat today?