DCT
1:22-cv-00482
Wireless Discovery LLC v. Hily Corp
Key Events
Amended Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Wireless Discovery LLC (Delaware)
- Defendant: Hily Corp. (Delaware)
- Plaintiff’s Counsel: Chong Law Firm PA
- Case Identification: 1:22-cv-00482, D. Del., 07/18/2022
- Venue Allegations: Plaintiff alleges venue is proper in the District of Delaware because Defendant has committed acts of infringement in the district, has a regular and established place of business there, and conducts substantial business in the forum.
- Core Dispute: Plaintiff alleges that Defendant’s Hily mobile dating application infringes four U.S. patents related to systems and methods for location-based discovery of social network members.
- Technical Context: The technology relates to mobile social networking applications that use a device's geographical location to identify and connect users who are in physical proximity to one another.
- Key Procedural History: The four patents-in-suit are part of a single patent family descending from a 2008 provisional application. The complaint does not mention any prior litigation, inter partes review proceedings, or licensing history related to these patents.
Case Timeline
| Date | Event |
|---|---|
| 2008-01-10 | Earliest Priority Date for all Patents-in-Suit |
| 2016-02-16 | U.S. Patent No. 9,264,875 Issued |
| 2016-05-31 | U.S. Patent No. 9,357,352 Issued |
| 2019-06-11 | U.S. Patent No. 10,321,267 Issued |
| 2019-06-25 | U.S. Patent No. 10,334,397 Issued |
| 2022-07-18 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,321,267 - “Location-Based Discovery of Network Members,” Issued June 11, 2019
The Invention Explained
- Problem Addressed: The patent describes the technical challenge of enabling mobile device users to discover and connect with each other in a social setting based on personal attributes. It notes that prior art methods were often limited by hardware incompatibility (e.g., Bluetooth® between different brands) or lacked a "human face" by not linking device discovery to rich social profiles. (’267 Patent, col. 1:40-49, col. 2:16-21).
- The Patented Solution: The invention proposes a system centered on a computing device (server) that manages a social network. This server stores user profiles containing personal attributes (like pictures and names) and associates them with unique device identifiers. The server uses static or dynamic location data to find members in proximity to one another and facilitates an introduction by sharing their profiles, after which the users can connect. (’267 Patent, Abstract; Fig. 1).
- Technical Importance: This server-centric, hardware-agnostic architecture provides a method for facilitating location-based social discovery, a foundational concept for many modern dating and social networking applications. (’267 Patent, col. 2:40-67).
Key Claims at a Glance
- The complaint asserts claims 1-18. (Compl. ¶26).
- Independent Claim 1 recites a system comprising:
- A computing device configured to manage introductions and connections for members of a network by sharing personal attributes.
- A first and a second mobile communications device linked to the computing device.
- The computing device provides access to stored user profile information for a first and second user.
- The computing device is configured to store static locations and receive dynamic locations of members.
- The computing device is configured to calculate a proximity of user locations.
- The computing device is configured to send the first user personal attributes of other members based on proximity calculations.
- The computing device is configured to send an invitation on behalf of the first user to the second mobile device.
- The computing device is configured to disclose non-anonymous social network attributes, including a picture, name, and location, for the purpose of connecting members.
- The complaint reserves the right to assert additional claims. (Compl. ¶28, fn. 3).
U.S. Patent No. 10,334,397 - “Interaction Tracking and Organizing System,” Issued June 25, 2019
The Invention Explained
- Problem Addressed: The patent addresses the need for improved systems to establish and manage social connections and exchange contact information via mobile devices, given the tremendous increase in the use of social networks on such devices. (’397 Patent, col. 1:31-35).
- The Patented Solution: The invention describes a server that manages a specific workflow for social introductions. The server cross-references a first user's location with other registered members, returns profiles of those in spatial proximity, and then facilitates a multi-step invitation process. This includes sending an invitation from the first user to a second, allowing the second user to accept, ignore, or decline, and then informing the first user of the outcome. (’397 Patent, Abstract; Fig. 9).
- Technical Importance: This system focuses on the managed workflow of a social connection, including tracking the state of invitations and responses, a critical feature for organizing interactions and creating "matches" within a mobile social application. (’397 Patent, col. 3:41-55).
Key Claims at a Glance
- The complaint asserts claims 1-15. (Compl. ¶33).
- Independent Claim 1 recites a server configured to:
- Communicate with first and second communication devices over a cellular network.
- Store a first and second profile, each comprising at least a picture and a name.
- Identify a unique ID of a second member in the vicinity and spatial proximity of the first member.
- Send the second member the profile of the first member upon the first member initiating an invite.
- Inform the first member if the second member has accepted or rejected the invite.
- Store the connectivity between the members and facilitate a chat feature once the invite is accepted.
- The complaint reserves the right to assert additional claims. (Compl. ¶35, fn. 4).
U.S. Patent No. 9,264,875 - “Location-Based Discovery of Network Members by Personal Attributes for Alternate Channel Communication,” Issued February 16, 2016
Technology Synopsis
The patent describes a method where mobile devices first discover each other using a short-range ad hoc network (e.g., Bluetooth) based on location and proximity. Following this initial discovery, the devices connect and exchange richer data (e.g., social network attributes) via a different, alternate communication channel, such as a cellular network. (Compl. ¶8, ¶10).
Asserted Claims
Claims 1-20. (Compl. ¶12).
Accused Features
The complaint alleges that the Hily application's services that facilitate location-based discovery of network members infringe the patent. (Compl. ¶12).
U.S. Patent No. 9,357,352 - “Location-Based Discovery of Network Members by Personal Attributes Using Dynamic and Static Location Data,” Issued May 31, 2016
Technology Synopsis
The patent discloses a technique for social network members to discover others nearby based on personal attributes, pictures, and names. The system works by associating a unique hardware ID of each member's mobile device with their personal profile on a network server, with proximity being determined using either static or dynamic location data. (Compl. ¶15, ¶17).
Asserted Claims
Claims 1-32. (Compl. ¶19).
Accused Features
The complaint accuses Hily's products and services that facilitate location-based discovery of network members of infringement. (Compl. ¶19).
III. The Accused Instrumentality
Product Identification
The Hily mobile application ("Hily"). (Compl. ¶11).
Functionality and Market Context
The complaint describes Hily as a product distributed on platforms such as the Apple App Store. (Compl. ¶11). The core accused functionality is the application's system for facilitating the "location-based discovery of network members." (Compl. ¶12, ¶19, ¶26, ¶33). The complaint alleges that Defendant Hily Corp. sells, markets, and distributes the Hily app, deriving "monetary and commercial benefit from it." (Compl. ¶12).
IV. Analysis of Infringement Allegations
The complaint alleges infringement but references an external "Exhibit A" for detailed support, which was not filed with the complaint. (Compl. ¶13, ¶20, ¶27, ¶34). The infringement theory must therefore be inferred from the high-level allegations. No probative visual evidence provided in complaint.
U.S. Patent No. 10,321,267 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a computing device configured to communicate with various mobile and terminal devices to manage introduction and connection of members... | Hily's servers allegedly communicate with user devices running the Hily app to manage user connections. | ¶26 | col. 2:41-45 |
| a first mobile communications device communicatively linked to said computing device; and a second mobile communications device communicatively linked to said computing device | A first user's and a second user's mobile devices, each running the Hily app and connected to Hily's servers. | ¶26 | col. 2:45-49 |
| wherein said computing device is configured to store static locations of members and receive information identifying current dynamic locations... | Hily's servers allegedly store user location data and receive updates from the Hily app on users' devices. | ¶26 | col. 2:50-53 |
| wherein said computing device is configured to calculate and determine a proximity of user locations... | Hily's system allegedly determines the proximity between users to identify who is nearby. | ¶26 | col. 2:53-55 |
| wherein said computing device is configured to send to said first user...personal attributes of all other members based on proximity calculations... | The Hily app allegedly displays the profiles (e.g., pictures, names) of nearby users to a searching user. | ¶24, ¶26 | col. 2:55-59 |
| and to send to said second mobile communication device an invitation on behalf of said first user for said second user to accept connecting... | The Hily app allegedly allows the first user to send a connection request to the second user's device. | ¶26 | col. 2:59-62 |
Identified Points of Contention
- Technical Questions: A primary question will be evidentiary. The complaint makes conclusory allegations that the Hily system performs the functions of the claimed "computing device." The case may depend on whether discovery shows that Hily's server-side architecture performs each of the specific claimed functions, such as storing both static and dynamic locations and using them to calculate proximity in the manner required by the claim.
- Scope Questions: The analysis may focus on whether the Hily app's features, such as a "like" or "swipe" mechanism, constitute an "invitation on behalf of the first user" as that term is used in the patent.
U.S. Patent No. 10,334,397 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A server configured to communicate with a first... and a second communication device... over communication links comprising a cellular network | Hily's servers allegedly communicate with the mobile devices of at least two different users via a cellular network. | ¶33 | col. 2:40-44 |
| store in a data storage device a first profile associated with the first user and a second profile... both... comprise at least a picture and a name... | The Hily system allegedly stores user profiles containing at least a picture and a name. | ¶31, ¶33 | col. 2:44-48 |
| identify a unique ID of a second member in the vicinity and spatial proximity of the first member... | Hily's system allegedly identifies a second user who is physically near a first user. | ¶33 | col. 3:37-41 |
| send the second member the profile of the first member including picture and name upon first member initiating an invite... | When a first Hily user initiates a connection, the system allegedly shows the first user's profile to the second user. | ¶31, ¶33 | col. 3:41-45 |
| inform the first member if the second member has accepted or rejected the invite to connect... | The Hily app allegedly notifies the first user of the outcome of the invitation (e.g., a "match"). | ¶31, ¶33 | col. 3:49-51 |
| once the second member accepts the invite... store the connectivity between both members... and facilitate a chat feature... | After a "match," the Hily system allegedly stores the connection and enables a chat function between the two users. | ¶31, ¶33 | col. 3:51-55 |
Identified Points of Contention
- Technical Questions: The infringement analysis for the ’397 patent will likely focus on the specific, ordered workflow of the invitation process. A key question for the court will be whether the Hily application's functionality for creating a "match" and enabling chat follows the exact sequence of steps recited in the claim.
- Scope Questions: The claim recites identifying a "unique ID of a second member." The dispute may center on whether Hily's location-based discovery relies on such an ID as contemplated by the patent, or if it operates on a different technical basis (e.g., purely by comparing GPS coordinates without reference to a specific hardware or member ID during the discovery step).
V. Key Claim Terms for Construction
Term: "computing device" (’267 Patent)
Context and Importance
This term is the central component of the system claimed in the ’267 patent. The outcome of the infringement analysis may depend on whether Hily’s potentially distributed, cloud-based server infrastructure meets the definition of the "computing device" as recited in the claims, which the defense may argue refers to a single, monolithic server.
Intrinsic Evidence for Interpretation
- Evidence for a Broader Interpretation: The claims define the "computing device" functionally as a component that is "configured to communicate," "manage introduction and connection," and "store...locations." (’267 Patent, col. 16:1-20). This functional language may support an interpretation that covers a modern, distributed cloud architecture that collectively performs these functions.
- Evidence for a Narrower Interpretation: Figure 1 of the patent depicts the "server/computing device 401" as a single, localized server stack. (’267 Patent, Fig. 1). This embodiment could be used to argue for a narrower construction limited to a non-distributed system.
Term: "vicinity and spatial proximity" (’397 Patent)
Context and Importance
These terms are foundational to the location-based aspect of the invention. The definition will be critical for determining whether the accused Hily app performs an infringing act of discovery. Practitioners may focus on this term because its scope will define what constitutes a relevant "nearby" user.
Intrinsic Evidence for Interpretation
- Evidence for a Broader Interpretation: The specification suggests flexibility, stating that proximity can be "a default value set by the server... to be within feet or miles, etc. and may allow users to select the value of that proximity for any search inquiry." (’267 Patent, col. 8:40-44). This could support a broad, functional definition.
- Evidence for a Narrower Interpretation: A defendant could argue that the term should be limited by the specific location technologies disclosed, such as "GPS, LBS, RTLS or Geolocation services." (’267 Patent, col. 13:3-4). If the accused product uses a different or more modern method for determining proximity, this could be a point of contention.
VI. Other Allegations
- Indirect Infringement: The complaint does not plead separate counts for indirect infringement. However, in footnotes for each asserted patent, Plaintiff "reserves the right to amend to assert indirect and willful infringement claims based on post-filing knowledge of the patent, as well as based on pre-suit knowledge if discovery reveals an earlier date of knowledge." (Compl. ¶14, fn. 1; ¶21, fn. 2; ¶28, fn. 3; ¶35, fn. 4).
- Willful Infringement: While no specific count for willful infringement is pleaded, the prayer for relief requests that the court "declare Defendant's infringement to be willful and treble the damages." (Compl. p. 9, ¶e). The right to formally add such claims is reserved in the footnotes, as described above.
VII. Analyst’s Conclusion: Key Questions for the Case
- A central issue will be one of evidentiary proof versus pleading. The complaint is highly conclusory and relies on boilerplate allegations repeated for four different patents. The case will likely turn on whether discovery uncovers technical evidence that the Hily system's server architecture and operational workflows map directly onto the specific, multi-step processes recited in the asserted independent claims.
- A key legal question will be one of claim scope and technological evolution. The patents claim priority to 2008. The dispute may center on whether claim terms like "computing device", "social network", and "invitation" can be construed broadly enough to cover the modern, distributed, cloud-based architectures and interactive user interfaces of today's mobile apps, or if they are implicitly limited by the specification to the technological context of the late 2000s.
- The case may also raise a question of patent eligibility under 35 U.S.C. § 101. The claims are directed to methods of organizing human interaction (discovering people, managing invitations) using generic computer components (servers, mobile devices). A court may need to determine whether the claims recite a patent-eligible application of an abstract idea or are merely directed to the abstract idea itself.