DCT
3:24-cv-03157
iCharts LLC v. Tableau Software LLC
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: iCHARTS LLC (Delaware)
- Defendant: Tableau Software, LLC (Delaware)
- Plaintiff’s Counsel: Dykema Gossett PLLC; Womble Bond Dickinson (US) LLP
- Case Identification: 1:23-cv-01225, W.D. Tex., 10/10/2023
- Venue Allegations: Plaintiff alleges venue is proper in the Western District of Texas because Defendant maintains a regular and established place of business in Austin and has committed alleged acts of infringement in the district.
- Core Dispute: Plaintiff alleges that Defendant’s data analytics and visualization platform infringes patents related to the creation, sharing, and embedding of client-side rendered, interactive charts.
- Technical Context: The technology at issue addresses the architecture of web-based data visualization, focusing on systems that allow interactive charts to be created in one environment and then published or embedded in other web pages or documents while retaining their interactivity.
- Key Procedural History: The complaint alleges that in 2017, iCharts and Tableau discussed a potential acquisition, during which iCharts made Tableau aware of its patent portfolio, including the patents-in-suit. This allegation forms the basis for Plaintiff's claim of pre-suit knowledge and willful infringement.
Case Timeline
| Date | Event |
|---|---|
| 2008-07-02 | Earliest Priority Date for all Asserted Patents ('892, '000, '595) |
| 2010-01-01 | Tableau Public v5.1 Launch Date (approximate, "beginning of 2010") |
| 2012-09-18 | U.S. Patent No. 8,271,892 Issues |
| 2013-03-01 | Tableau Online v8.0 Launch Date (approximate, "March 2013") |
| 2013-08-27 | U.S. Patent No. 8,520,000 Issues |
| 2017-07-18 | U.S. Patent No. 9,712,595 Issues |
| 2017-08-01 | Alleged Pre-Suit Knowledge Date (approximate, "as early as August 2017") |
| 2023-10-10 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,271,892 - "Creation, Sharing and Embedding of Interactive Charts"
- Patent Identification: U.S. Patent No. 8,271,892, "Creation, Sharing and Embedding of Interactive Charts," issued September 18, 2012. (Compl. ¶33).
The Invention Explained
- Problem Addressed: The patent’s background section notes that prior art charts, such as those from Microsoft Excel, become non-interactive when copied into other documents. While some online services offered interactive charts, they were not secure and could not be copied into other documents while retaining interactivity. (’892 Patent, col. 1:20-44). The complaint alleges that prior systems required server-side re-rendering to mimic interactivity, which was inefficient and limited portability. (Compl. ¶21).
- The Patented Solution: The invention is a system that generates a "self-contained" and "independent" interactive chart object, such as a Flash file. This object contains the necessary code to render the chart, obtain user input, and re-render the chart on the client-side. Because the interactivity logic is contained within the object itself, it can be embedded in external documents (e.g., PDFs, webpages) and remain interactive without communicating with the original generation system. (’892 Patent, col. 9:49-54, col. 10:7-11; Compl. ¶36).
- Technical Importance: This client-side architectural shift decoupled the viewing of an interactive chart from its creation platform, enabling scalable sharing and embedding of interactive data visualizations across the internet. (Compl. ¶26, 31).
Key Claims at a Glance
- The complaint asserts at least independent claim 1. (Compl. ¶54).
- Claim 1 recites a computer system with the following essential elements:
- A data module to store data.
- A chart template module to store chart templates.
- A generation module configured to generate an interactive chart on a generation interface using data and a template.
- A sharing module configured to enable a user to publish or embed the interactive chart as a "self-contained and independent electronic document."
- The document, when opened in a program "in the absence of the generation interface and the chart template module," enables a user to render the chart, obtain input, and rerender the chart to retain interactivity. (’892 Patent, col. 18:31-67).
U.S. Patent No. 8,520,000 - "Creation, Sharing and Embedding of Interactive Charts"
- Patent Identification: U.S. Patent No. 8,520,000, "Creation, Sharing and Embedding of Interactive Charts," issued August 27, 2013. (Compl. ¶45).
The Invention Explained
- Problem Addressed: The patent describes that prior to the invention, incorporating interactive charts onto a website required a programmer to "develop the chart, link it to a data source and embed it onto the web-site," creating a technical and cost barrier. (’000 Patent, col. 16:47-48; Compl. ¶48).
- The Patented Solution: The invention is a computer-implemented method where a user selects an interactive chart on a "first website" (a creation portal) and, in response, the chart is displayed within a "chart box" (a web widget) embedded on a "second website." This process, which can involve dragging and dropping charts into a folder, eliminates the need for programming to embed or update the charts displayed on the second website. (’000 Patent, Abstract; col. 16:38-44, 18:24-29).
- Technical Importance: The invention provided a user-friendly tool that removed the programming requirement for embedding and managing collections of interactive charts on websites, making it more accessible for non-technical users. (Compl. ¶48).
Key Claims at a Glance
- The complaint asserts at least independent claim 1. (Compl. ¶65).
- Claim 1 recites a computer-implemented method with the following essential steps:
- Receiving a selection, on a first website, of at least one interactive chart from a plurality of charts, where the chart is generated on a generation interface.
- The selection is made by dragging and dropping the chart into a chart box folder.
- Displaying, in response, the chart embedded in a chart box (a web widget) on a second website.
- The chart, when displayed on the second website in the absence of the generation interface, retains its ability to be rendered, receive user input, and be rerendered. (’000 Patent, col. 18:22-39).
U.S. Patent No. 9,712,595 - "Creation, Sharing and Embedding of Interactive Charts"
- Patent Identification: U.S. Patent No. 9,712,595, "Creation, Sharing and Embedding of Interactive Charts," issued July 18, 2017. (Compl. ¶50).
Technology Synopsis
This patent claims a system for creating interactive charts. A processor on a first website generates a user interface, receives chart data and a template selection, and generates an interactive chart. A network interface then transmits the generated chart to a second website for display, where it can be updated based on input from a second user without executing the original generation instructions. (Compl. ¶52; ’595 Patent, col. 18:40-59).
Asserted Claims
At least independent claim 1. (Compl. ¶74).
Accused Features
The complaint accuses Tableau's system where users create an interactive chart and use a "Publish" operation to transmit it via a network interface to a second website for display and interaction. (Compl. ¶78-79).
III. The Accused Instrumentality
Product Identification
The complaint accuses the "Tableau Platform," which collectively includes products such as Tableau Cloud, Tableau Desktop, Tableau Server, Tableau Public, Tableau Prep, Tableau AI, and Tableau Embedded Analytics. (Compl. ¶9-12).
Functionality and Market Context
The Accused Products constitute a data analytics and visualization platform. (Compl. ¶9). Users can connect to data sources, use tools like Tableau Desktop or Tableau Cloud to create interactive visualizations (charts, dashboards), and then use a "Publish" function to share these visualizations. (Compl. ¶56, 60, 68). Published visualizations can be viewed and interacted with on other websites or within the Tableau Cloud/Server environment, separate from the initial creation interface. (Compl. ¶60, 69). The complaint alleges that Tableau's adoption of the patented client-side re-rendering architecture led to significant revenue growth. (Compl. ¶30).
No probative visual evidence provided in complaint.
IV. Analysis of Infringement Allegations
’892 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a computer system | Tableau maintains a "fully-hosted, cloud-based, enterprise-grade solution" on the Tableau platform. | ¶56 | col. 18:31 |
| comprising a data module configured to store data | Tableau's system stores data, and products like Tableau Data Management allow users to manage data within Tableau Cloud. Users can also bring data into Tableau's database. | ¶57 | col. 18:32-33 |
| a chart template module configured to store chart templates | The Accused Products have a chart module that stores workbooks described as "templates" to create interactive charts. | ¶58 | col. 18:34-35 |
| a generation module configured to generate an interactive chart on a generation interface... configured to enable a user to generate the interactive chart from data... and a template | The Accused Products allow users to select chart data and a chart template to create an interactive chart. | ¶59 | col. 18:36-41 |
| a sharing module configured to enable a user to publish or embed the interactive chart as a self-contained and independent electronic document | The Accused Products provide a network interface that allows users to transmit interactive charts to other websites via an operation called "Publish." | ¶60 | col. 18:42-45 |
| wherein the self-contained and independent interactive chart, when opened in a program in the absence of the generation interface..., enables a user to a) render the chart, b) obtain input... and c) rerender the chart | A "published" interactive chart can be seen and modified (e.g., via a zoom function) on a second website without using the user interface on the first website, thereby retaining interactivity. | ¶60 | col. 18:45-52 |
’000 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| receiving a selection, on a first website, of at least one interactive chart from a plurality of interactive charts... wherein the selection is made by dragging and dropping... | The Accused Products receive a selection of an interactive chart, chart data, and a chart template, with the complaint alleging this is done by "dragging and dropping their selections into a folder." | ¶68 | col. 18:24-26 |
| wherein the at least one interactive chart is generated on a generation interface configured to allow a user to generate the interactive chart with a chart template... | Tableau Cloud allows a user to create an interactive chart by selecting chart data from a list of options and then selecting a chart template from an assortment of examples. | ¶68 | col. 18:30-33 |
| displaying, in response to the selection the at least one interactive chart embedded in a chart box on a second website, wherein the chart box is a web widget | The Accused Product provides a network interface to transmit charts to other websites via a "Publish" operation. The published chart can then be seen on a second website. | ¶69 | col. 18:27-29 |
| wherein the at least one interactive chart, when displayed on the second website in the absence of the generation interface, enables a user to... retain interactivity | The "published" interactive chart can be modified on the second website (e.g., by selecting a zoom function) without using the user interface on the first website. | ¶69 | col. 18:34-39 |
Identified Points of Contention
- Scope Questions: A central question for the ’892 Patent may be whether Tableau’s published visualizations qualify as a "self-contained and independent electronic document." A court may need to determine if a visualization that relies on a cloud platform for data or rendering logic is truly "independent" of the generation system as contemplated by the patent. For the ’000 Patent, a dispute may arise over the definition of "first website" and "second website," and whether creating a chart in one part of the Tableau ecosystem (e.g., Tableau Desktop) and publishing it to another (e.g., Tableau Cloud) meets this two-location requirement.
- Technical Questions: For the ’000 Patent, a factual question may be whether the user workflow in the Accused Products constitutes "dragging and dropping the at least one interactive chart... into a chart box folder" as required by the claim, or if the functionality operates in a materially different way.
V. Key Claim Terms for Construction
The Term: "self-contained and independent electronic document" (’892 Patent, Claim 1)
Context and Importance: This term is the core of the ’892 Patent's asserted novelty—the decoupling of the chart from its creation environment. The infringement analysis for the ’892 Patent hinges on whether Tableau's published charts, which may still interact with the Tableau cloud, meet this definition.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification states that the charts "that are downloaded are self-contained flash files independent of the web portal" and that there is "no need for the user to have access to the software or online platform originally used to create the interactive chart." (’892 Patent, col. 10:7-11). This language may support an interpretation focused on functional independence from the user-facing creation tools.
- Evidence for a Narrower Interpretation: The patent repeatedly uses the specific embodiment of a "flash file" that "contains code" and in which data could be "stored within the flash file." (’892 Patent, col. 9:51-55). This may support a narrower construction limited to a single, portable file that contains all necessary rendering code and data, potentially excluding visualizations that rely on streaming data or rendering logic from a server.
The Term: "first website" / "second website" (’000 Patent, Claim 1)
Context and Importance: This method claim requires actions occurring at two distinct locations. Plaintiff's infringement theory depends on mapping Tableau’s workflow onto this two-site structure. Defendant may argue its integrated platform does not constitute separate "websites" in the manner claimed.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent abstract describes allowing "users to automatically embed interactive chart(s) in another website." This functional language could support interpreting "first website" as the creation/selection environment and "second website" as any distinct display environment, even if hosted on the same overarching platform.
- Evidence for a Narrower Interpretation: The claim language distinguishes between "a first website" and "a second website." This could support a more literal interpretation requiring two separately hosted sites, potentially with different domains or codebases, a configuration that may not map directly onto an integrated cloud platform's internal workflow.
VI. Other Allegations
- Indirect Infringement: The complaint alleges induced infringement for all patents, asserting that Tableau directs and encourages its customers and end users to perform the claimed methods by providing functionality, instructions, and user manuals for the Accused Products. (Compl. ¶62, 71, 81).
- Willful Infringement: Plaintiff alleges willful infringement based on pre-suit knowledge. The complaint asserts that Tableau has had knowledge of the patents and its infringement since at least August 2017, when the parties allegedly discussed a potential acquisition of iCharts by Tableau, during which iCharts' patent portfolio was allegedly disclosed. (Compl. ¶32, 61, 70, 80).
VII. Analyst’s Conclusion: Key Questions for the Case
- A central architectural question will be one of technical independence: do Tableau's published visualizations operate as "self-contained and independent" documents as claimed in the ’892 Patent, or do they maintain a functional dependency on the Tableau server infrastructure that places them outside the claim's scope?
- A key claim construction issue will be one of locational scope: can the workflow within Tableau's integrated platform—where a chart may be created in one module and published to another—be mapped onto the distinct "first website" and "second website" structure required by claims of the ’000 and ’595 Patents?
- The allegations regarding 2017 acquisition discussions raise a critical factual question of pre-suit knowledge: what specific information regarding the asserted patents, if any, was conveyed to Tableau during those meetings, and does it meet the standard required to support a finding of willful infringement?