DCT
2:18-cv-08544
Corrino Holdings LLC v. Foursquare Labs Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Corrino Holdings LLC (Texas)
- Defendant: Foursquare Labs, Inc. (Delaware)
- Plaintiff’s Counsel: Devlin Law Firm; Lee Sullivan Shea & Smith LLP
- Case Identification: 2:18-cv-08544, C.D. Cal., 10/04/2018
- Venue Allegations: Plaintiff alleges venue is proper because Foursquare has committed acts of infringement in the Central District of California and maintains a regular and established place of business in the district.
- Core Dispute: Plaintiff alleges that Defendant’s location-based mobile applications, website, and enterprise software development kits infringe eight patents related to dynamically providing information to users based on their geographic location and search context.
- Technical Context: The technology at issue involves using a device's location, determined by GPS or other signals, to trigger the delivery of relevant, region-specific information, a foundational concept in modern location-aware mobile applications.
- Key Procedural History: The asserted patents form a large family, with most stemming from a single application filed in 1999. This extensive and interconnected prosecution history may be a focus for claim construction and validity arguments.
Case Timeline
| Date | Event |
|---|---|
| 1999-10-22 | Earliest Priority Date (’398, ’331, ’599, ’450, ’685 Patents) |
| 2002-03-05 | U.S. Patent No. 6,353,398 Issued |
| 2006-04-11 | Priority Date (’149 Patent) |
| 2007-03-08 | Earliest Priority Date (’104, ’533 Patents) |
| 2009-04-28 | U.S. Patent No. 7,525,450 Issued |
| 2010-05-11 | U.S. Patent No. 7,716,149 Issued |
| 2010-11-30 | U.S. Patent No. 7,843,331 Issued |
| 2010-12-07 | U.S. Patent No. 7,847,685 Issued |
| 2011-06-07 | U.S. Patent No. 7,958,104 Issued |
| 2011-07-19 | U.S. Patent No. 7,982,599 Issued |
| 2016-02-16 | U.S. Patent No. 9,262,533 Issued |
| 2018-10-04 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 6,353,398 - “System for dynamically pushing information to a user utilizing global positioning system”
Issued March 5, 2002
The Invention Explained
- Problem Addressed: The patent’s background section states that while conventional GPS systems could provide a user’s location and directions, they often lacked more specific, detailed, and timely information related to that location, such as a business’s hours of operation (Compl. ¶19; ’398 Patent, col. 1:21-33).
- The Patented Solution: The invention proposes a system that links information from databases, such as the internet, to specific geographic regions and then uses "push technology" to automatically transmit that region-specific information to a mobile user when the system detects they are in or near that location (’398 Patent, Abstract; col. 2:53-3:9).
- Technical Importance: This approach sought to transform a GPS device from a passive map into a proactive, context-aware information delivery tool, a conceptual shift from user-pulled directions to system-pushed, location-relevant data (Compl. ¶20; ’398 Patent, col. 1:34-41).
Key Claims at a Glance
- The complaint asserts infringement of at least independent Claim 1 (Compl. ¶95).
- Claim 1 requires:
- A system for directing region-specific information; comprising:
- a system for locating and transmitting information to location-specific users; and
- a directed information system for linking information related to the location specific users, the directed information system having access to a regionally defined data base for directing region-specific information to location-specific users, and employing push technology to push information to the location-specific users.
- The complaint reserves the right to assert additional claims (Compl. ¶94).
U.S. Patent No. 7,843,331 - “System for dynamically pushing information to a user utilizing global positioning system”
Issued November 30, 2010
The Invention Explained
- Problem Addressed: As a continuation of the application leading to the ’398 Patent, this patent addresses the same general problem of providing timely, location-specific information to mobile users (Compl. ¶30).
- The Patented Solution: The invention claims a method that triggers the transmission of information when a user's device moves from a first position outside a predefined distance from a geographic region to a second position within that predefined distance (’331 Patent, Claim 1). The system also maintains an index of information sources, each associated with at least one geographic region, which forms the basis for the transmitted data (’331 Patent, Abstract; col. 4:51-5:17).
- Technical Importance: This patent focuses on the specific triggering event of crossing a defined geographical boundary as the mechanism for initiating data transmission, refining the general "push" concept of the parent patent (Compl. ¶32).
Key Claims at a Glance
- The complaint asserts infringement of at least independent Claim 1 (Compl. ¶111).
- Claim 1 requires a method comprising:
- maintaining an index of information sources, wherein each information source is associated with at least one geographic region; and
- initiating the transmission of data from at least one of the information sources to a communications device if the communications device’s indicated geographic position changes from a first position that is greater than a predefined distance from a geographic region associated with the at least one information source to a second position that is within a predefined distance from a geographic region associated with the at least one information source.
- The complaint reserves the right to assert additional claims (Compl. ¶110).
U.S. Patent No. 7,982,599 - “System for dynamically pushing information to a user utilizing global positioning system”
Issued July 19, 2011
- Technology Synopsis: This patent claims an apparatus configured to send digital content to a user's wireless device when it determines the device has moved within a predefined distance of a geographic area during a predefined timeframe (Compl. ¶39). The invention also contemplates associating the content or the user device with demographic criteria (Compl. ¶39).
- Asserted Claims: Independent claims 1, 10, and 19 are identified (Compl. ¶39), with claim 10 detailed in the complaint (Compl. ¶127).
- Accused Features: The complaint alleges that Foursquare's system for sending targeted, time-sensitive advertisements and recommendations to users who enter a specific geographic area infringes the ’599 Patent (Compl. ¶127).
U.S. Patent No. 7,525,450 - “System for dynamically pushing information to a user utilizing global positioning system”
Issued April 28, 2009
- Technology Synopsis: This patent describes a system that maintains an index of information sources, each associated with demographic and location codes, and an index of user devices, each with a demographic code (Compl. ¶46). It initiates data transmission to a device based on receiving the device's ID and location, then matching that to an information source with a corresponding location and demographic code (Compl. ¶46).
- Asserted Claims: Independent claims 1, 11, and 21 are identified (Compl. ¶46), with claim 11 detailed in the complaint (Compl. ¶143).
- Accused Features: The complaint accuses Foursquare’s system for targeting ads to users based on both their location and demographic profiles, as exemplified by its "Pinpoint" feature (Compl. ¶¶143, 57).
U.S. Patent No. 7,847,685 - “System for dynamically pushing information to a user utilizing global positioning system”
Issued December 7, 2010
- Technology Synopsis: This patent addresses shortcomings in conventional search engines by describing a system that receives a search query from a user's device containing a device ID, a geographic position, a search distance, and a search term (Compl. ¶¶52, 58). It returns a focused list of results located within the specified search distance, thereby reducing irrelevant hits (Compl. ¶¶53, 58).
- Asserted Claims: Independent claims 1, 17, and 19 are identified (Compl. ¶58), with claim 19 detailed in the complaint (Compl. ¶159).
- Accused Features: Foursquare’s City Guide app, which allows users to perform searches for venues like "pizza" within a specified map area, is accused of infringement (Compl. ¶¶159, 70-71).
U.S. Patent No. 7,716,149 - “Method, device, and program product for a social dashboard associated with a persistent virtual environment”
Issued May 11, 2010
- Technology Synopsis: This patent addresses a lack of diagnostic tools for monitoring the "social health" of online communities or persistent virtual environments (Compl. ¶65). It claims a method for displaying a visualization that represents a social aspect (e.g., an "overall interactivity level") of the environment, and upon receiving a command, displaying a second visualization with "drill-down" information (Compl. ¶68).
- Asserted Claims: Independent claims 1, 8, and 15 are identified (Compl. ¶68), with claim 1 detailed in the complaint (Compl. ¶174).
- Accused Features: Foursquare's dashboard for business users, which displays "engagement stats" like views and likes and allows users to click for more detailed reports, is accused of infringing (Compl. ¶¶174, 77-81).
U.S. Patent No. 7,958,104 - “Context based data searching”
Issued June 7, 2011
- Technology Synopsis: This patent describes a method for context-based searching that processes a search request by identifying a "context chain" related to the user (e.g., location history). The system obtains a search result from at least one context in the chain (which can be public or private) and provides it to the user (Compl. ¶¶79, 83).
- Asserted Claims: Independent claims 1, 15, and 23 are identified (Compl. ¶83), with claim 15 detailed in the complaint (Compl. ¶189).
- Accused Features: The Foursquare app's feature of using a user's location history (a "context chain") to provide search results and personalized recommendations is accused of infringement (Compl. ¶¶189, 91).
U.S. Patent No. 9,262,533 - “Context based data searching”
Issued February 16, 2016
- Technology Synopsis: This patent, related to the ’104 patent, claims a method for processing a search request by identifying a user's "context chain" and examining the contexts in that chain in a "last-in-first-out" order (Compl. ¶92). It further specifies that the contexts are "publishing spaces" with content from different publishers (Compl. ¶101).
- Asserted Claims: Independent claims 1, 11, and 17 are identified (Compl. ¶92), with claim 11 detailed in the complaint (Compl. ¶204).
- Accused Features: The Foursquare app's use of a user's reverse-chronological location history to process searches, where different venues ("contexts") contain content from different users ("publishers"), is accused of infringement (Compl. ¶¶204, 109).
III. The Accused Instrumentality
Product Identification
The accused instrumentalities are Foursquare’s consumer-facing mobile applications (“Foursquare City Guide,” “Foursquare Swarm,” “Foursquare Marsbot”), its underlying “Pilgrim SDK” location technology, its website (www.foursquare.com), and its enterprise solutions (“Pinpoint,” “Attribution,” “Place Insights”) (Compl. ¶¶3, 94).
Functionality and Market Context
The complaint alleges that the core of the accused products is the "Pilgrim" technology, which "proactively engage[s] with curious travelers and explorers without them needing to open up an app or check in" (Compl. ¶95). This technology uses signals like WiFi, Bluetooth, and GPS to understand a phone's location and movement, triggering "context-smart, location-aware" notifications, such as tips, recommendations, or merchant promotions, when a user enters a particular venue or neighborhood (Compl. ¶¶27, 31, 111). For enterprise customers, Foursquare's technology allegedly allows brands to "locate, message and measure their own consumers" and analyze foot traffic (Compl. ¶¶28, 36). A screenshot in the complaint shows a user searching for "coffee," illustrating the app's location-based search and recommendation functionality (Compl. p. 86).
IV. Analysis of Infringement Allegations
’398 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A system for directing region-specific information; comprising— | Foursquare provides a technology company and platform that uses location intelligence to build consumer experiences and business solutions based on location. | ¶95 | col. 1:45-49 |
| a system for locating and transmitting information to location-specific users; and— | Foursquare's servers monitor the geographic position of user devices with location services enabled and transmit information such as promotions and tips to those users. | ¶95 | col. 2:53-55 |
| a directed information system for linking information related to the location specific users, the directed information system having access to a regionally defined data base for directing region-specific information to location-specific users, and employing push technology to push information to the location-specific users.— | Foursquare's servers link information (e.g., tips, promotions) to users who enter a specific geographic region, access a database of this region-specific information, and use push notifications to deliver it. | ¶95 | col. 2:55-65 |
Identified Points of Contention
- Scope Questions: A potential point of contention may be whether Foursquare’s integrated software platform, which performs multiple functions, can be mapped onto the distinct structural elements required by claim 1, such as a "system for locating" and a separate "directed information system." The defense may argue Foursquare operates as a single, unitary system not captured by the claim's architecture.
- Technical Questions: The analysis may focus on whether the information Foursquare provides is truly "pushed" as the patent requires, or if it is effectively "pulled" by the app at predefined intervals or upon certain app-level triggers, raising a question about the technical mechanism of delivery.
’331 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A method comprising: maintaining an index of information sources, wherein each information source is associated with at least one geographic region; and— | Foursquare's servers allegedly maintain an index of merchants ("information sources") who define their potential customers based on one or more geographic regions for advertising purposes. | ¶111 | col. 4:51-54 |
| initiating the transmission of data from at least one of the information sources to a communications device if the communications device’s indicated geographic position changes from a first position that is greater than a predefined distance from a geographic region... to a second position that is within a predefined distance from a geographic region... | Foursquare's "Pilgrim" technology allegedly detects when a user's device enters a geographic region associated with an information source (e.g., a coffee shop) and, in response, triggers a notification containing data from that source. | ¶111 | col. 4:55-65 |
Identified Points of Contention
- Scope Questions: The dispute may center on the term "geographic region." The complaint provides a visual from a Foursquare engineer showing that the company creates smoothed, cloud-like "shapes" to identify real-world places, rather than using simple geometric boundaries (Compl. p. 38). The question for the court will be whether such a "shape" constitutes a "geographic region" within the meaning of the claim.
- Technical Questions: The infringement analysis will likely scrutinize the meaning of "predefined distance." It raises the question of whether Foursquare's system, which detects entry into an irregularly shaped zone, operates by measuring a "distance" as required by the claim, or if it uses a different technical method (e.g., point-in-polygon testing) that falls outside the claim scope.
V. Key Claim Terms for Construction
For the ’398 Patent
- The Term: "directed information system"
- Context and Importance: This term appears to be a central, structural component of Claim 1. Its construction is critical because it will determine whether Foursquare’s server and software architecture, which performs the linking and pushing functions, meets this specific claim limitation.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes the function of this system as "linking relevant information that is associated with the particular geographical location" and providing it for transmittal, suggesting a functional definition (’398 Patent, col. 3:56-61).
- Evidence for a Narrower Interpretation: The patent figures depict the "GPDIS SYSTEM" (20a) as a distinct block connected to other components, which could imply a specific structural requirement rather than just a functional capability (’398 Patent, Fig. 3). The use of the term "system" itself may also imply a structural rather than purely functional meaning.
For the ’331 Patent
- The Term: "predefined distance"
- Context and Importance: Practitioners may focus on this term because the infringement trigger is a change in position relative to this "distance." The definition will determine whether Foursquare's method of geofencing using complex "shapes" (Compl. p. 38) infringes a claim that recites a "distance."
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The term is not explicitly defined in the patent, which may suggest it should be given its plain and ordinary meaning, which could encompass various ways of defining proximity to a boundary.
- Evidence for a Narrower Interpretation: The specification repeatedly uses phrases like "within a predetermined distance of any particular region" and "as the user moves within a predetermined proximity," which could be interpreted to mean a simple radial distance from a point or boundary, potentially excluding the more complex point-in-polygon "shape" analysis alleged in the complaint (’331 Patent, col. 4:2-4, 4:59-62).
VI. Other Allegations
Indirect Infringement
The complaint alleges inducement of infringement on the basis that Foursquare provides the Accused Products along with instructions (e.g., through its website and developer documentation) that encourage and facilitate direct infringement by end-users and enterprise customers (Compl. ¶¶96, 100, 102). It alleges contributory infringement by asserting that the Accused Products are specially designed to infringe and are not staple articles with substantial non-infringing uses (Compl. ¶103).
Willful Infringement
Willfulness is alleged for all patents-in-suit. The basis is that Foursquare had actual knowledge of the patents "since at least as early as the filing and/or service of this Complaint," or was willfully blind to their existence (Compl. ¶¶97, 113, 129, 145, 161, 176, 191, 206).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of architectural mapping: does Foursquare’s integrated “Pilgrim” software platform contain the distinct structural components of a “system for locating” and a “directed information system” as recited in the asserted claims of the foundational ’398 patent, or is there a mismatch between the claimed architecture and the accused product’s implementation?
- A key question of definitional scope will be whether the term “predefined distance,” used in the context of triggering a notification, can be construed to read on the complex, algorithmically-generated “shapes” that Foursquare allegedly uses to define geographic venues, as opposed to a simple radial or geometric boundary.
- A central evidentiary question will be one of functional operation: does Foursquare’s use of a user’s chronological location history to provide recommendations constitute the claimed method of processing a "context chain" in a specific "last-in-first-out" order, as required by the '533 patent, or is there a fundamental difference in the search and recommendation algorithm?