DCT
1:19-cv-00291
Cooltvnetworkcom Inc v. Blackboard Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: CoolTVNetwork.com, Inc. (Florida)
- Defendant: Blackboard, Inc. (Delaware)
- Plaintiff’s Counsel: DEVLIN LAW FIRM LLC; Hansley Law Firm, PLLC
- Case Identification: 1:19-cv-00291, D. Del., 02/11/2019
- Venue Allegations: Venue is alleged to be proper in the District of Delaware because Defendant is incorporated in Delaware and has allegedly committed acts of patent infringement in the district.
- Core Dispute: Plaintiff alleges that Defendant’s Blackboard Collaborate web conferencing platform infringes a patent related to creating and using multifunctional interactive "hot spots" within digital media content.
- Technical Context: The technology concerns embedding interactive, multi-purpose clickable areas within digital video or audio streams, allowing users to perform various functions beyond simple navigation.
- Key Procedural History: The complaint does not mention any prior litigation, inter partes review proceedings, or licensing history related to the patent-in-suit.
Case Timeline
| Date | Event |
|---|---|
| 2000-06-08 | '696 Patent Priority Date |
| 2007-01-09 | '696 Patent Issue Date |
| 2019-02-11 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 7,162,696 - "Method and System for Creating, Using and Modifying Multifunctional Website Hot Spots", issued January 9, 2007
The Invention Explained
- Problem Addressed: The patent asserts that prior art hyperlinks and "hot spots" were generally static, limited to preordained functions, and not widely incorporated into video files in a flexible, adaptable manner (ʼ696 Patent, col. 1:47-52, col. 2:18-24).
- The Patented Solution: The invention describes a system for embedding dynamic, multifunctional "hot spots" within digital media like video or audio files. These hot spots can trigger a variety of functions—such as shopping, bidding, or linking to other content—selected by the user via an "expandable graphical user interface bar." The function of a hot spot can change based on parameters like time stamps within the media file, allowing for a more interactive and context-aware user experience ('696 Patent, Abstract; col. 3:4-33).
- Technical Importance: The technology aimed to transform passive video consumption into an interactive experience, enabling e-commerce, enhanced learning, and other interactive applications directly within a media player environment ('696 Patent, col. 2:51-64).
Key Claims at a Glance
- The complaint asserts independent claim 17 ('Compl. ¶¶ 12, 23).
- The essential elements of independent claim 17 include:
- A method for defining at least one "hot spot" using instructions from a tangible medium.
- Accessing the hot spot(s) from a globally accessible network.
- Performing one of a plurality of predetermined functions when a hot spot is selected.
- The hot spots reside on and are accessible from a digital video or audio file.
- The functions are selected from a "mode control" that comprises a "shop mode, a bid mode, an interact mode, an entertainment mode, and a link mode."
- A user selects a specific mode through an "expandable graphical user interface bar."
- The specific mode "toggles based on time stamps" in the digital video or audio file.
- The hot spots are visualized by outlines, shading, or illumination.
- The apparatus resides and executes on a computing system.
- A user selects and activates a function by clicking a hot spot.
- The complaint does not explicitly reserve the right to assert dependent claims but seeks judgment on "one or more claims of the ’696 patent" (Compl. ¶A, p. 15).
III. The Accused Instrumentality
Product Identification
The accused instrumentality is Defendant's "Blackboard Collaborate" product (Compl. ¶12).
Functionality and Market Context
The complaint describes Blackboard Collaborate as a "browser-based web conferencing solution" for distance teaching and learning (Compl. ¶23, p. 7). Its allegedly infringing functionalities include facilitating videoconferencing, user-to-user communication, and interactive features within a live or recorded video session. The complaint alleges the product allows users to interact via on-screen controls, such as a "raise hand" button for getting a moderator's attention, polling features, and tools for inviting other users to a session (Compl. ¶23, pp. 8-10). A screenshot from a YouTube video shows a user interacting with a control bar at the bottom of a multi-participant video conference window (Compl. ¶23, p. 12).
IV. Analysis of Infringement Allegations
’696 Patent Infringement Allegations
| Claim Element (from Independent Claim 17) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A Multifunctional Hot Spot method comprising: defining at least one hot spot by a communication with instructions stored on a tangible retaining medium; | The Blackboard Collaborate application is installed on a device, with instructions stored in device memory, defining the interactive elements of the user interface. A screenshot shows the web conferencing interface with an annotation stating "Instructions are accessed or stored by a device memory once the blackboard application is installed." | ¶23, p. 7 | col. 4:38-44 |
| accessing at least one of the hot spots from a globally accessible network; | The Blackboard Collaborate solution is described as a "browser-based web conferencing solution" accessible over the web. | ¶23, p. 8 | col. 4:38-44 |
| performing at least one of a plurality of predetermined functions executed with the selection of each particular hot spot; | Users can click on various on-screen buttons to perform functions, such as the "raise hand" feature, which notifies a moderator. A screenshot depicts a user clicking a button to "invite other users to join the virtual class lecture." | ¶23, p. 8 | col. 4:50-58 |
| wherein said hot spots reside on and are accessible from a digital video or audio file; | The interactive elements ("hot spots") are allegedly accessible within a virtual classroom, which involves video conferencing. | ¶23, p. 9 | col. 4:45-49 |
| wherein the plurality of modes comprise a shop mode, a bid mode, an interact mode, an entertainment mode, and a link mode; | The complaint maps Blackboard Collaborate features to the claimed modes: polling is equated to "Bid Mode," inviting users is "Link Mode," real-time chat is "entertainment mode," and the "raise hand" feature is "Interact mode." | ¶23, pp. 9-11 | col. 3:5-12 |
| wherein a specific mode is selected by a user through an expandable graphical user interface bar; | A user allegedly selects a mode by clicking on an icon in the control bar at the bottom of the video conference window. A screenshot shows this control bar. | ¶23, p. 12 | col. 3:1-4 |
| wherein said specific mode further toggles based on time stamps in said digital video or digital audio file; | The complaint alleges that a student can click the "Raise hand" button "any time within the video chat," which it maps to toggling based on time stamps. | ¶23, p. 13 | col. 4:45-49 |
| wherein said hot spots are visualized by outlines, shading, or illumination... at a predetermined area on the display; | The control bar icons are highlighted when a cursor moves over them. A screenshot shows the control bar with one icon highlighted inside a yellow box. | ¶23, p. 13 | col. 4:54-58 |
| wherein said Multifunctional Hot Spot apparatus is made to reside on and is executing on a computing system; | The Blackboard Collaborate product is described as a browser-based solution that executes on a user's computing device. | ¶23, p. 14 | col. 4:38-41 |
| selecting and activating at least one of said predetermined functions by clicking on each particular Multifunctional Hot Spot. | A moderator is notified when a student clicks the "raise hand" button. A diagram shows this interaction. | ¶23, p. 14 | col. 4:50-58 |
Identified Points of Contention
- Scope Questions: A central dispute may arise over whether the functionalities of the Blackboard Collaborate platform meet the definitions of the specific "modes" recited in claim 17. For instance, the complaint equates a classroom polling feature with the claimed "bid mode," which the patent describes as a means for "conducting an auction and/or receiving bids" ('696 Patent, col. 3:22-25; Compl. ¶23, p. 9). The court may need to determine if a simple poll qualifies as an auction or bidding system.
- Technical Questions: The infringement theory for the "toggles based on time stamps" limitation raises a key factual question. The complaint alleges this is met because a user can click a button "any time within the video chat" (Compl. ¶23, p. 13). It is an open question whether this real-time user input is equivalent to a mode that "toggles" based on specific, predefined "time stamps" within the media file itself, as the claim language requires.
V. Key Claim Terms for Construction
The Term: "bid mode"
- Context and Importance: The construction of this term is critical because the complaint's infringement theory relies on equating Blackboard Collaborate's student polling feature with a "bid mode." If the term is construed narrowly to require auction-like features, this part of the infringement allegation may be challenged.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim itself does not define the term, leaving it open to interpretation in the context of user interaction.
- Evidence for a Narrower Interpretation: The specification explicitly states the "bid mode facilitates audio and/or video communication between multiple users/clients in a multicast communication interface for conducting an auction and/or receiving bids for obtaining products or product information" (’696 Patent, col. 3:20-25). This language suggests a commercial, transactional function rather than a simple classroom poll.
The Term: "expandable graphical user interface bar"
- Context and Importance: Claim 17 requires mode selection via an "expandable" bar. The accused product has a control bar, but whether it is "expandable" in the manner contemplated by the patent will be a point of construction.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent does not define "expandable." It could be argued that any UI that reveals more options or changes upon interaction is "expandable."
- Evidence for a Narrower Interpretation: The specification states, "The menu bar is configured to expand for the support of additional relationships, actions and links" (’696 Patent, col. 3:38-40), suggesting a UI element that physically grows or reveals a new set of controls, which may differ from the static icon bar depicted in the complaint's screenshots.
VI. Other Allegations
Indirect Infringement
The complaint alleges induced infringement under 35 U.S.C. § 271(b), asserting that Blackboard provides the Collaborate product to customers and provides instructions, advertising, and technical components that encourage and enable users to perform the allegedly infringing methods (Compl. ¶¶ 15-16, 19).
Willful Infringement
The complaint alleges that Defendant had knowledge of the ’696 patent "at least as of the date this lawsuit was filed" (Compl. ¶17). It further alleges that by continuing its actions post-filing, Defendant has specific intent to induce infringement, supporting a claim for willful infringement based on post-suit conduct (Compl. ¶22).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the patent's specific "modes"—such as a "bid mode" described for auctions and a "link mode" for URLs—be construed broadly enough to read on the collaborative features of a modern educational web-conferencing tool, like student polling and inviting participants?
- A key evidentiary question will be one of technical operation: does the accused product’s functionality align with the claim requirements, particularly the limitation that a selected mode "toggles based on time stamps" in a media file, or do the accused features operate based on real-time user events independent of any such time-based triggers in the media content?