DCT

1:17-cv-01120

Search Social Media Partners LLC v. Facebook Inc

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 1:17-cv-01120, D. Del., 08/09/2017
  • Venue Allegations: Venue is alleged to be proper in the District of Delaware because the Defendants are Delaware corporations and limited liability companies.
  • Core Dispute: Plaintiff alleges that Defendant’s Facebook and Instagram social networking platforms infringe patents related to systems and methods for distributing and ranking content based on user subscriptions and popularity metrics.
  • Technical Context: The technology at issue addresses fundamental challenges in social media: filtering a massive volume of user-generated content to present a relevant and engaging feed to each individual user.
  • Key Procedural History: The complaint notes that U.S. Patent No. 8,620,828 is a continuation of U.S. Patent No. 8,719,176. Subsequent to the filing of this complaint, both patents were the subject of Inter Partes Review (IPR) proceedings. In IPR2018-01620, asserted independent claims 11 and 18 of the '828 patent were canceled. In IPR2018-01622, asserted independent claims 6 and 14 of the '176 patent were canceled. The cancellation of the primary independent claims asserted in the complaint raises significant questions about the viability of the case as pleaded.

Case Timeline

Date Event
2003-07-11 Priority Date for ’828 and ’176 Patents
2013-12-31 Issue Date for U.S. Patent No. 8,620,828
2014-05-06 Issue Date for U.S. Patent No. 8,719,176
2017-08-09 Complaint Filing Date

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 8,620,828 - "Social Networking System, Method and Device"

  • Patent Identification: U.S. Patent No. 8,620,828, “Social Networking System, Method and Device,” issued December 31, 2013.

The Invention Explained

  • Problem Addressed: The patent identifies shortcomings of early internet information services, such as search engines that ranked web pages based on the quantity of links without considering context (e.g., positive or negative sentiment), leading to potentially undesirable results (Compl. ¶13). It also notes that the simplicity of HTML made it difficult for automated systems to determine the context of web pages, resulting in low-relevancy search results (Compl. ¶14).
  • The Patented Solution: The invention proposes a social networking system built on a modular software architecture and relational databases (Compl. ¶16). In this system, one user can subscribe to another user's account or to an entity's page. The system then distributes content from the followed account to the subscribing user via a “real-time news ticker,” which provides updates related to the followed account or entity (’828 Patent, Abstract; col. 30:53-67).
  • Technical Importance: The technology aimed to solve the information overload problem by creating a structured way for users to receive a filtered, real-time stream of content relevant to their declared interests within a social network (Compl. ¶22-23).

Key Claims at a Glance

  • The complaint asserts infringement of independent claims 11 and 18 (Compl. ¶37, 39). Claim 18, which is detailed in the complaint, includes the following essential elements:
    • Receiving and storing account information for first and second users in a computer system.
    • Verifying a relationship between the first user account and a first entity.
    • Receiving a subscription from the second user account to the first user account.
    • Distributing a "real-time news ticker" with news related to the first user account or entity to the second user when their account is in use.
  • The complaint also asserts infringement of dependent claims 12-14, 19, and 20 (Compl. ¶37).

U.S. Patent No. 8,719,176 - "Social News Gathering, Prioritizing, Tagging, Searching and Syndication"

  • Patent Identification: U.S. Patent No. 8,719,176, “Social News Gathering, Prioritizing, Tagging, Searching and Syndication,” issued May 6, 2014.

The Invention Explained

  • Problem Addressed: The patent addresses the same problems of imprecise search and information overload as its continuation, the '828 patent (Compl. ¶13-15; ’176 Patent, col. 4:35-58).
  • The Patented Solution: This invention describes a method to improve content ranking by allowing network users to "vote" or indicate approval of published information (Compl. ¶20). The system determines a "measure of popularity" based on these user approvals, stores the information in relational databases, and then "promotes" content by ranking it for publication in a newsfeed or ticker based on that popularity (’176 Patent, Abstract; Compl. ¶20). This is exemplified in the "Lexivote" subsystem, which ranks documents according to user votes (’176 Patent, col. 40:25-40).
  • Technical Importance: The invention describes a shift toward community-based, popularity-driven content curation, a key technique for increasing user engagement in large-scale social networks (Compl. ¶22-23).

Key Claims at a Glance

  • The complaint asserts infringement of independent claims 6, 14, 21, and 27 against Facebook, and independent claims 6 and 14 against Instagram (Compl. ¶48, 59). Claim 6, detailed in the complaint, includes the following essential elements:
    • Receiving first information at a computer system and registering a first account.
    • Receiving second information indicating an "approval" of the first information.
    • Determining a "measure of popularity" based on the approval.
    • Displaying indicia of the popularity measure.
    • "Promoting" the first information from a first status to a second status based on its popularity.
    • Associating the first account with a "real-time newsfeed or ticker."
  • The complaint also asserts infringement of numerous dependent claims (Compl. ¶48, 59).

III. The Accused Instrumentality

Product Identification

  • The "Facebook Service" (encompassing www.facebook.com and the Facebook mobile apps) and the "Instagram Service" (encompassing www.instagram.com and the Instagram mobile app) (Compl. ¶24, 31).

Functionality and Market Context

  • The complaint alleges that both services are social networks where users establish accounts, post content, and "follow" or subscribe to content from other users and entities (Compl. ¶25, 32).
  • The Facebook Service displays a "News Feed" and a "Ticker" that provide updated lists of posts (Compl. ¶26). These posts are sorted based on factors including popularity, which is determined by user interactions such as "liking" a post (Compl. ¶26, 28-29).
  • The Instagram Service displays a home page with a list of posts from followed users, and it employs an algorithm that ranks posts based on their popularity, as measured by user "likes" (Compl. ¶33-34).
  • The complaint alleges both services are prominent social networking platforms, with Facebook also offering the ability to link with Instagram accounts for cross-posting content (Compl. ¶2, 4, 30).

IV. Analysis of Infringement Allegations

'828 Patent Infringement Allegations

Claim Element (from Independent Claim 18) Alleged Infringing Functionality Complaint Citation Patent Citation
receiving first account information at a first computer system... storing said first account information in a first user account Facebook's system receives and stores information to register users and create their profiles/Timelines. ¶40 col. 17:15-21
storing a second user account, said first user account being different from said second user account Facebook registers multiple, distinct users for the service. ¶40 col. 17:15-21
verifying, via a first computer network, a relationship between said first user account and a first entity For groups with limited access (e.g., school groups), Facebook verifies membership, for instance, by requiring a school email address. ¶40 col. 54:12-15
receiving, via said first computer network a first subscription in which said second user account is subscribed to said first user account A user subscribes to another user or entity by clicking the "follow" button on their Timeline or Page. ¶40 col. 30:53-60
distributing... a real-time news ticker per said first subscription, said real-time news ticker comprising real-time news related to said first user account or said first entity The Facebook "Ticker" displays real-time news and activity from followed users and entities to the subscribing user. ¶40 col. 30:60-67

'176 Patent Infringement Allegations

Claim Element (from Independent Claim 6) Alleged Infringing Functionality Complaint Citation Patent Citation
receiving at a first computer system... first information... registering a first account Facebook and Instagram systems receive user-posted content (e.g., text, photos, URLs) and register user accounts. ¶50, 60 col. 17:15-21
receiving... second information, said second information indicating or comprising at least a first approval Users provide approval by clicking "like" or other "reaction buttons" on a post. Figure 1 of the complaint shows these "Reaction Buttons" on a Facebook post. ¶51, 61, Fig. 1 col. 40:25-40
determining, by computer, a first measure of popularity... based at least in part on said second information The system determines a post's popularity based on the number of "likes" and other reactions it receives. ¶51, 61 col. 40:51-67
at least partly causing, by computer, display of first indicia, said first indicia indicating said first measure of popularity The system displays a running count of likes, comments, and shares below each post. Figure 2 of the complaint highlights these "Indicia of Popularity" on a Facebook post. ¶51, 61, Fig. 2 col. 35:36-40
promoting, by computer, said first information from a first status to a second status... at least partly according to said first measure of popularity Facebook and Instagram selectively publish posts or rank them higher in user feeds based on their popularity, thereby promoting their status. Figure 4 of the complaint shows the "Like Button" and "Indicia of Popularity" on an Instagram post, which allegedly drives this promotion. ¶52, 62, Fig. 4 col. 40:51-56
said first account is associated with at least a first real-time newsfeed or ticker User accounts on Facebook are associated with a "News Feed" and "Ticker"; Instagram accounts are associated with a home page feed. ¶52, 62 col. 30:53-67
  • Identified Points of Contention:
    • Scope Questions: The infringement case for the ’828 Patent may turn on whether Facebook's general group membership confirmation qualifies as "verifying... a relationship" in the manner contemplated by the patent. Similarly, a question arises as to whether the Facebook "Ticker" is functionally equivalent to the "real-time news ticker" described in the patent's specification.
    • Technical Questions: For the ’176 Patent, a central question is whether an algorithmic change in a post's ranking within a dynamic feed constitutes "promoting" it from one "status" to another. The defense may argue that "status" implies a more discrete and formally defined state than a fluid rank.

V. Key Claim Terms for Construction

  • The Term: "real-time news ticker" (’828 Patent, cl. 18)
    • Context and Importance: This term is the core output of the method in claim 18. Its construction will determine whether the accused Facebook "Ticker" infringes.
    • Evidence for a Broader Interpretation: Plaintiff may argue the plain and ordinary meaning covers any feature that provides a continuous, real-time stream of news items, consistent with the patent's overall goal of managing information flow (Compl. ¶22-23).
    • Evidence for a Narrower Interpretation: The specification provides a detailed description of an "iTicker" subsystem where users can submit headlines and URLs for publication to subscribers (’828 Patent, col. 30:53-31:23; FIG. 53). A defendant may argue this disclosure limits the term to a system with these specific input and subscription functionalities.
  • The Term: "promoting... from a first status to a second status" (’176 Patent, cl. 6)
    • Context and Importance: This is the key active step in claim 6. The infringement allegation hinges on whether algorithmic ranking constitutes "promoting" between "statuses." Practitioners may focus on this term because its interpretation will define the scope of infringing activity.
    • Evidence for a Broader Interpretation: The patent’s objective is to surface popular content (’176 Patent, Abstract). Plaintiff may argue that any action that increases a post's visibility (e.g., moving it up in a feed or changing it from "not shown" to "shown") functionally promotes it from a lower status to a higher one.
    • Evidence for a Narrower Interpretation: Defendant may argue that "status" implies a defined, binary state (e.g., "standard" vs. "featured") rather than a point on a continuous ranking scale. The language could be construed to require a more discrete action than simply recalculating a feed's order.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges both inducement and contributory infringement. The inducement theory is based on Defendants "knowingly caus[ing]" infringement by providing the platforms for users (Compl. ¶44, 54, 64). The contributory infringement theory alleges the platforms are a "material component" not suitable for substantial non-infringing use (Compl. ¶45, 55, 65).
  • Willful Infringement: Plaintiff seeks a declaration of willful infringement and enhanced damages (Compl., Prayer for Relief ¶D, I). The complaint does not plead any facts indicating pre-suit knowledge by Defendants, suggesting the willfulness allegation is likely based on alleged continuing infringement after the filing of the lawsuit.

VII. Analyst’s Conclusion: Key Questions for the Case

  • A primary issue for the case is the viability of the asserted claims: Given that the asserted independent claims of both patents-in-suit ('828 claims 11 and 18; '176 claims 6 and 14) were subsequently canceled in IPR proceedings, a threshold question is whether the Plaintiff can sustain its infringement contentions, either by relying on surviving dependent claims or by amending its pleadings.
  • A central question of claim construction will be whether algorithmic sorting in a news feed constitutes "promoting... from a first status to a second status" ('176 patent). The outcome will depend on whether "status" is interpreted as a fluid rank or a discrete categorical label.
  • A key definitional scope question will be whether the Facebook "Ticker" falls within the meaning of a "real-time news ticker" ('828 patent), which may be limited by the specific "iTicker" embodiment described in the patent's specification.