DCT
1:18-cv-00154
Express Mobile Inc v. Fulcrum Worldwide Inc
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Express Mobile, Inc. (Delaware)
- Defendant: Fulcrum Worldwide Inc. (Delaware)
- Plaintiff’s Counsel: Devlin Law Firm LLC; Brent Coon & Associates, P.C.
- Case Identification: 1:18-cv-00154, D. Del., 01/26/2018
- Venue Allegations: Venue is asserted in the District of Delaware based on Defendant's incorporation in the State of Delaware.
- Core Dispute: Plaintiff alleges that Defendant’s use of website development platforms, specifically Magento and Drupal, infringes patents related to browser-based website generation tools and their underlying architecture.
- Technical Context: The technology concerns systems and methods for visually designing complex, interactive websites within a web browser, which then dynamically generate the final site from a database of user-defined elements and styles.
- Key Procedural History: The complaint notes that in a prior case (C.A. 2:17-cv-00128, E.D. Tex.), a magistrate judge recommended denying a motion to invalidate the patents-in-suit under 35 U.S.C. § 101, finding the claims addressed a problem "particular to the internet." Subsequent to the filing of this complaint, the asserted patents underwent re-examination proceedings. U.S. Patent No. 6,546,397 had its asserted independent claims 1 and 37 cancelled. U.S. Patent No. 7,594,168 had its asserted claims 1-6 confirmed as patentable.
Case Timeline
| Date | Event |
|---|---|
| 1999-12-02 | Priority Date for '397 and '168 Patents |
| 2003-04-08 | U.S. Patent No. 6,546,397 Issued |
| 2009-09-22 | U.S. Patent No. 7,594,168 Issued |
| 2018-01-26 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 6,546,397 - "Browser Based Web Site Generation Tool and Run Time Engine"
- Patent Identification: U.S. Patent No. 6,546,397, "Browser Based Web Site Generation Tool and Run Time Engine," issued April 8, 2003. (Compl. ¶10).
The Invention Explained
- Problem Addressed: The patent describes conventional web authoring tools of its time as being limited by the static nature of HTML and scripting languages, which allegedly lacked the computational power and dynamic capabilities needed for sophisticated web applications. (’397 Patent, col. 1:21-45).
- The Patented Solution: The invention proposes a two-part system: a browser-based "build tool" and a "run time engine." A user designs a website visually through the build tool, and the design choices (e.g., elements, styles, animations) are stored in an object database. The tool then generates a customized run time engine and an HTML shell file for the website. When an end-user visits the site, the browser executes the run time engine, which reads the database and constructs the full, interactive website on the fly. (’397 Patent, Abstract; Fig. 2; col. 5:1-24).
- Technical Importance: This object-oriented, database-driven architecture aimed to enable the creation of more powerful, dynamic, and feature-rich websites directly within a browser, moving beyond the limitations of simple, static page authoring. (’397 Patent, col. 1:50-62).
Key Claims at a Glance
- The complaint asserts independent claims 2 and 37, among others. (Compl. ¶¶19, 23, 61). As noted, claim 37 was later cancelled in re-examination. Independent claim 2, which was confirmed, recites:
- An apparatus for producing websites on and for computers having a browser and a virtual machine, said apparatus comprising:
- an interface to present a settings menu which describes elements, said panel presented through a browser, where the selectable setting(s) corresponds to commands to the virtual machine;
- a browser to generate a display in accordance with selected setting(s);
- a database for storing information regarding selected settings; and
- a build tool having run time file(s) for generating web page(s) and using stored information to generate commands to the virtual machine for generating at least a portion of web page(s).
- The complaint also asserts dependent claims 3-6, 14-15, 17, 20, 23-25, and 35. (Compl. ¶19).
U.S. Patent No. 7,594,168 - "Browser Based Web Site Generation Tool and Run Time Engine"
- Patent Identification: U.S. Patent No. 7,594,168, "Browser Based Web Site Generation Tool and Run Time Engine," issued September 22, 2009. (Compl. ¶67).
The Invention Explained
- Problem Addressed: Like its parent, the '168 Patent addresses the shortcomings of conventional web development, where creating complex layouts and dynamic effects was cumbersome and inefficient. (’168 Patent, col. 1:21-50).
- The Patented Solution: The invention describes a server-based system with a "build engine" that assembles a website from objects (e.g., buttons, images) and associated "styles." The styles can define complex attributes like transformations and timelines. The system stores the objects and style data in a multidimensional array database. A runtime engine then accesses this database to generate the final website for a user's browser, ensuring that the page is defined by the objects and their associated styles. (’168 Patent, Abstract; col. 64:1-18).
- Technical Importance: The patent describes a structured, object-based methodology for website creation that separates content and style, allowing for more efficient management and dynamic generation of complex, animated web pages. (’168 Patent, col. 2:58-col. 3:5).
Key Claims at a Glance
- The complaint asserts independent claim 1. (Compl. ¶¶75-76).
- A system for assembling a web site comprising a server with a build engine, the web site comprising web pages with objects, wherein at least one of said objects is a button or image object;
- the server accepting user input to associate a style with said at least one object, wherein said style includes values defining transformations and time lines;
- wherein each web page is defined entirely by the objects and the style associated with the object;
- produce a database with a multidimensional array comprising the objects that comprise the web site including data defining the object style, number, and an indication of the web page that each object is part of;
- provide the database to a server accessible to a web browser;
- wherein the database is produced such that a web browser with access to a runtime engine is configured to generate the website from the objects and style data extracted from the provided database.
- The complaint also asserts dependent claims 2-6. (Compl. ¶75).
III. The Accused Instrumentality
Product Identification
- The "Accused Instrumentalities" are identified as the website building tools used by the Defendant, including "all versions of Magento Enterprise Edition and all versions of Drupal." (Compl. ¶19).
Functionality and Market Context
- The complaint alleges these are browser-based authoring tools that allow users to build websites via a visual, WYSIWYG-style interface. (Compl. ¶¶6, 10). Users select and configure website elements and styles, and this information is allegedly stored in a database. (Compl. ¶¶7, 10). The platforms then use this stored information along with runtime files (e.g., PHP code, CSS libraries) to generate the final HTML code that is rendered by an end-user's browser. (Compl. ¶7). The complaint alleges Defendant is a for-profit entity that uses these tools to build websites for its customers. (Compl. ¶20).
No probative visual evidence provided in complaint.
IV. Analysis of Infringement Allegations
'397 Patent Infringement Allegations
| Claim Element (from Independent Claim 2) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| an interface to present a settings menu which describes elements, said panel presented through a browser... | The Accused Instrumentalities provide a browser-based dashboard and a WYSIWYG editor that serves as an interface for selecting website elements and their properties (e.g., text alignment, font styles). | ¶24, ¶6 | col. 66:5-14 |
| where the selectable setting(s) corresponds to commands to the virtual machine | The complaint alleges that user-selected settings result in generated HTML and JavaScript, which are "virtual machine commands" because they are interpreted and executed by the browser's JavaScript engine, which it defines as a "virtual machine." | ¶24, ¶6 | col. 66:12-14 |
| a browser to generate a display in accordance with selected setting(s) | Within the editor, the display updates to reflect the user's selections, for example showing a newly chosen font or image alignment. | ¶24, ¶10 | col. 66:15-17 |
| a database for storing information regarding selected settings | User selections such as text color, layout, image file locations, and paragraph settings are stored in a database. | ¶24, ¶7 | col. 66:18-19 |
| a build tool having run time file(s) for generating web page(s) and using stored information to generate commands to the virtual machine... | The Accused Instrumentalities use server-side code (e.g., PHP) and runtime files (e.g., CSS, JavaScript) that retrieve information from the database to generate the final HTML, which is then sent to the browser for execution by its engine (the alleged "virtual machine"). | ¶24, ¶7 | col. 66:20-24 |
'168 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A system for assembling a web site comprising a server with a build engine... a web site comprising web pages with objects... | The accused Magento and Drupal platforms are identified as server-based systems that function as a "build engine" to assemble websites composed of objects like buttons and images. | ¶76 | col. 64:1-5 |
| the server accepting user input to associate a style with said at least one object, wherein said style includes values defining transformations and time lines | The platforms allegedly use CSS libraries to apply "transformations and time lines" (i.e., animations and transitions) to website elements based on user selections in the editor. | ¶76, ¶86 | col. 64:6-9 |
| produce a database with a multidimensional array comprising the objects that comprise the web site... | The complaint alleges that JSON strings used to generate pages originate from the database, and that these strings reflect a "multidimensional array structured database" containing object data and styles. | ¶76, ¶78 | col. 64:10-15 |
| provide the database to a server accessible to a web browser; wherein the database is produced such that a web browser with access to a runtime engine is configured to generate the website... | The system produces customized runtime files (an HTML file and a CSS file) which are used by a web browser's runtime engine (e.g., JavaScript engine) to access data and generate the final website from the stored object and style information. | ¶76, ¶80 | col. 64:16-18 |
- Identified Points of Contention:
- Scope Questions: A principal dispute may arise over whether the term "virtual machine", which the patent links to Java-related technology, can be construed to read on a modern web browser's JavaScript engine as the complaint alleges. (Compl. ¶6).
- Scope Questions: The case may turn on whether the distributed, server-centric architecture of modern content management systems like Magento and Drupal falls within the scope of the patents' "build tool" and "build engine," which the specification arguably depicts as a more self-contained application. (’397 Patent, Fig. 3a).
- Technical Questions: The allegation that the accused products use a "multidimensional array structured database" may be contested. The complaint's reliance on the structure of JSON strings as evidence (Compl. ¶¶27, 78) raises the question of whether this accurately reflects the underlying database architecture (often relational, like MySQL) or is merely a data-interchange format.
V. Key Claim Terms for Construction
The Term: "virtual machine"
- Context and Importance: This term is critical for the '397 patent. The plaintiff's infringement theory depends on equating a browser's JavaScript engine with a "virtual machine." The defendant will likely argue for a narrower definition tied to the technology of the patent's era, such as the Java Virtual Machine (JVM).
- Intrinsic Evidence for a Broader Interpretation: The claims themselves do not specify a particular type of virtual machine. The term could be interpreted functionally as any software layer that executes instructions independently of the underlying hardware, a definition Plaintiff alleges modern JS engines meet. (Compl. ¶6).
- Intrinsic Evidence for a Narrower Interpretation: The specification frequently references Java, JAR files, and Java applets, suggesting the inventors contemplated a JVM-like environment. (’397 Patent, col. 1:55-62; col. 2:51-65). This context may support a narrower construction limited to such technologies.
The Term: "build tool" / "build engine"
- Context and Importance: The infringement reading maps these terms onto the complex, server-side architecture of Magento and Drupal. Practitioners may focus on this term because its construction will determine if the accused products' architecture matches the claimed system.
- Intrinsic Evidence for a Broader Interpretation: The patent defines the tool by its function: it allows a user to create a website, processes input, interacts with a database, and generates runtime files. (’397 Patent, Abstract; col. 6:5-24). Plaintiff may argue that any system performing these functions, regardless of specific implementation, meets the definition.
- Intrinsic Evidence for a Narrower Interpretation: Figures in the patent depict a more discrete set of components labeled "Build Tool Components" that could be interpreted as a single, integrated application rather than the distributed, modular architecture of a modern CMS. (’397 Patent, Fig. 3a).
VI. Other Allegations
- Indirect Infringement: The complaint primarily alleges direct infringement by Defendant Fulcrum through its own use (and use by its employees/agents) of the Accused Instrumentalities to build websites for customers. (Compl. ¶¶19, 20). The complaint does not contain specific factual allegations to support a claim of induced or contributory infringement against a third party.
- Willful Infringement: The complaint alleges willful infringement for both patents. The basis for willfulness is entirely post-suit knowledge, founded on the allegation that the Defendant was made aware of the patents and its infringement no earlier than the filing of the complaint itself. (Compl. ¶¶63-64, 94-95).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of technological translation: Can the term "virtual machine", rooted in the patent's context of Java-based technology from the late 1990s, be properly construed to cover the functionally different JavaScript engines integrated into modern web browsers?
- A key evidentiary question will be one of architectural correspondence: Do the accused Magento and Drupal platforms—which are complex, server-centric content management systems—operate in a manner that maps onto the specific "build tool," "run time engine," and "multidimensional array structured database" architecture required by the patent claims, or is there a fundamental mismatch?
- A significant procedural question will be the impact of claim cancellation: How will the post-filing invalidation of the '397 patent's foundational independent claims 1 and 37 during re-examination affect the viability and narrative of the infringement case for that patent's remaining asserted claims?