DCT
1:17-cv-01165
Orostream LLC v. Dailymotion Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Orostream LLC (Texas)
- Defendant: Dailymotion Inc. (Delaware)
- Plaintiff’s Counsel: Stamoulis & Weinblatt LLC
- Case Identification: 1:17-cv-01165, D. Del., 08/19/2017
- Venue Allegations: Venue is alleged to be proper based on Defendant’s incorporation in Delaware and the commission of infringing acts within the district.
- Core Dispute: Plaintiff alleges that Defendant’s Dailymotion video-streaming service infringes a patent related to the efficient transfer of targeted information over a computer network.
- Technical Context: The lawsuit concerns content delivery network (CDN) technology, specifically methods for delivering targeted information to end-users by utilizing available network bandwidth without disrupting the user's primary activity.
- Key Procedural History: The complaint notes that the patent-in-suit has been cited as prior art during the prosecution of over 100 subsequently issued U.S. patents assigned to major technology companies including IBM, Intel, Facebook, and Microsoft, suggesting its potential foundational relevance to the technology area.
Case Timeline
| Date | Event |
|---|---|
| 1996-04-15 | Priority Date for U.S. Patent No. 5,768,508 |
| 1998-06-16 | U.S. Patent No. 5,768,508 Issued |
| 2017-08-19 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 5,768,508 - "Computer Network System and Method for Efficient Information Transfer"
- Patent Identification: U.S. Patent No. 5,768,508, “Computer Network System and Method for Efficient Information Transfer,” issued June 16, 1998 (’508 Patent).
The Invention Explained
- Problem Addressed: The patent identifies the significant underutilization of network bandwidth, noting that "the entire bandwidth of an idle link is wasted" and that free space exists between information packets even on an active connection (’508 Patent, col. 1:31-37). It also notes the difficulty for information providers to deliver information to specific, targeted groups of users (’508 Patent, col. 1:55-58).
- The Patented Solution: The invention describes a computer network system that connects users and information providers through a "master program" and "master node" (’508 Patent, Abstract). The system is designed to use "otherwise idle bandwidth" to transfer "targeted" information (e.g., commercial content) to a user in the background, based on a stored user profile, while "minimizing the delay of normal network traffic" (’508 Patent, Abstract; col. 2:10-16). This is achieved by sending "target information references" (pointers) to the user's client, which then fetches the actual content during periods of low network activity (’508 Patent, col. 2:42-50; col. 4:36-47).
- Technical Importance: The technology aimed to create a new channel for delivering targeted content by exploiting unused network capacity, a foundational concept in the development of content delivery networks and online advertising systems (Compl. ¶10).
Key Claims at a Glance
- The complaint asserts at least independent claim 26 (Compl. ¶11).
- Claim 26 (Method performed by a master program):
- registering the user node at a master node;
- receiving, through the master node, a node ID from the user node;
- accessing a master database for profile information corresponding to the node ID; and
- transmitting to the user node, through the master node, a target information reference corresponding to the accessed profile information, wherein the target information reference is a pointer to target information to be delivered to the user node while transferring non-target information without additional communication delay.
III. The Accused Instrumentality
Product Identification
- The "system and application for the Dailymotion service" is identified as the Accused Instrumentality (Compl. ¶11).
Functionality and Market Context
- The complaint describes the Dailymotion service as a content distribution system that performs a method of connecting an information provider and a user node over the Internet (Compl. ¶11). Alleged functionalities include registering users, receiving a node ID (e.g., IP address or device information), and accessing a master database containing user profile information (e.g., language, birthdate) (Compl. ¶11). The service allegedly sends "target information references," such as the names of available videos, to the user node. The complaint further alleges that the service uses adaptive bit rate streaming to vary video quality, which allows for the transfer of "non-target information" without causing additional communication delay (Compl. ¶11). No probative visual evidence provided in complaint.
IV. Analysis of Infringement Allegations
’508 Patent Infringement Allegations
| Claim Element (from Independent Claim 26) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A method of connecting an information provider and a user node of a computer network, the method, performed by a master program, comprising the steps of: registering the user node at a master node; | Defendant registers a user when the user signs up for the Dailymotion service. | ¶11 | col. 11:16-18 |
| receiving, through the master node, a node ID from the user node; | The Dailymotion service receives a node ID, such as an IP address or device information, from the user node. | ¶11 | col. 11:19-20 |
| accessing a master database for profile information corresponding to the node ID; and | The Dailymotion service accesses its master database for profile information (e.g., language, birthdate, country) that corresponds to the node ID. | ¶11 | col. 11:21-23 |
| transmitting to the user node, through the master node, a target information reference corresponding to the accessed profile information, wherein the target information reference is a pointer to target information to be delivered to the user node... | The names of available videos (e.g., videos of entities that the user follows) are alleged to be "target information references" that correspond to a user profile. These references are described as "pointers to target information to be delivered to the user node." | ¶11 | col. 11:24-29 |
| ...while transferring non-target information without additional communication delay. | The Dailymotion service allegedly uses "adaptive bit rate streaming," which varies video quality based on network status, to allow the transfer of "non-target information" (e.g., Defendant's web page) without any additional communication delay. | ¶11 | col. 11:29-32 |
- Identified Points of Contention:
- Scope Questions: A central question may be whether the "names of available videos" (Compl. ¶11) function as a "target information reference" as contemplated by the patent. The patent describes this reference as a "pointer" to information delivered to the user, with an emphasis on using idle network time (’508 Patent, col. 4:36-47, col. 2:13-16). The court may need to decide if a video title, which is an integral part of the primary user interface, can be considered a "pointer" to content delivered "without additional communication delay" in the sense taught by the patent.
- Technical Questions: The complaint's theory relies on "adaptive bit rate streaming" to satisfy the "without additional communication delay" limitation. A key technical question will be whether adjusting the quality of a primary data stream (the video) is functionally the same as the patent's described method of transferring separate "target information" packets into the unused bandwidth between "non-target" packets (’508 Patent, col. 4:53-61).
V. Key Claim Terms for Construction
The Term: "target information reference"
- Context and Importance: This term is central to the infringement theory, as the complaint equates it with the "names of available videos" (Compl. ¶11). Its construction will determine whether the core data of the Dailymotion service falls within the patent's scope. Practitioners may focus on whether this "reference" must be distinct from the primary "non-target" information the user is actively engaging with.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim language itself defines the term as "a pointer to target information to be delivered to the user node" (’508 Patent, col. 11:28-29), which could be argued to encompass any data that points to other content, such as a video title or hyperlink.
- Evidence for a Narrower Interpretation: The specification describes the system as one where a master program transmits a "reference" that enables the client to "begin requesting target information stored in information base 133" (’508 Patent, col. 4:41-47). This, coupled with the focus on using "otherwise idle bandwidth," may suggest the reference is for content delivered in a separate, background process, not as part of the primary user-facing interface.
The Term: "without additional communication delay"
- Context and Importance: This limitation defines the core technical benefit of the invention. The infringement allegation hinges on the idea that adaptive bitrate streaming achieves this. The term's construction will be critical to assessing whether Dailymotion's technology operates in the manner claimed.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The phrase itself is not explicitly defined, which could support a plain meaning where any method that avoids a net increase in transmission time for primary content would suffice. The complaint's theory of adaptive bitrate streaming creating "room" for other data could align with a broader reading (Compl. ¶11).
- Evidence for a Narrower Interpretation: The specification repeatedly links this concept to utilizing "otherwise idle bandwidth" or the "free space between information packets" (’508 Patent, col. 1:33-35, col. 2:13-16). One embodiment describes a network traffic monitor that inserts target packets between the packets of non-target information (’508 Patent, FIG. 6; col. 5:1-13). This could support a narrower construction requiring the use of literal gaps in traffic, rather than the dynamic quality adjustment of a single stream.
VI. Other Allegations
The complaint does not contain specific factual allegations to support claims for indirect or willful infringement.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the patent’s concept of a "target information reference"—described as a "pointer" to information delivered using idle bandwidth—be construed to read on the "names of available videos" presented as part of the primary Dailymotion user interface?
- A key evidentiary question will be one of technical mechanism: does the accused "adaptive bit rate streaming" functionality, which adjusts the quality of a video stream, operate in the same way as the patent's claimed method of transferring information "without additional communication delay," which the specification describes as filling idle gaps in network traffic?
- The case may also turn on a temporal question: does the Dailymotion service transmit the alleged "target information reference" while transferring non-target information, as required by the claim, or are these presented sequentially or as an integrated part of a single information package to the user?