DCT
1:22-cv-01353
Distributed Media Solutions LLC v. CuriosityStream Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Distributed Media Solutions, LLC (Georgia)
- Defendant: CuriosityStream Inc. (Delaware)
- Plaintiff’s Counsel: Stamoulis & Weinblatt LLC
- Case Identification: 1:22-cv-01353, D. Del., 01/12/2023
- Venue Allegations: Venue is alleged to be proper as Defendant is a corporation organized under the laws of Delaware.
- Core Dispute: Plaintiff alleges that Defendant’s on-demand video streaming service infringes five patents related to information distribution, scalable data streaming, and optimized delivery of rich media content.
- Technical Context: The asserted patents relate to foundational technologies for managing and distributing digital media over networks, a core component of modern video-on-demand and streaming services.
- Key Procedural History: The operative pleading is an Amended Complaint. The complaint does not mention any prior litigation, licensing history, or post-grant proceedings involving the asserted patents.
Case Timeline
| Date | Event |
|---|---|
| 2000-08-07 | ’922 Patent Priority Date |
| 2002-02-25 | ’672 Patent Priority Date |
| 2002-03-07 | ’811 Patent Priority Date |
| 2002-12-24 | ’714 Patent Priority Date |
| 2004-02-24 | ’811 Patent Issue Date |
| 2006-11-07 | ’922 Patent Issue Date |
| 2009-10-26 | ’004 Patent Priority Date |
| 2010-06-15 | ’714 Patent Issue Date |
| 2011-10-25 | ’672 Patent Issue Date |
| 2012-02-21 | ’004 Patent Issue Date |
| 2023-01-12 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 6,697,811 - "Method and System for Information Management and Distribution"
The Invention Explained
- Problem Addressed: The patent’s background describes the difficulty of communicating information between private or special purpose networks that may be globally distributed, operated by different organizations, and use varying data formats (Compl. ¶37; ’811 Patent, col. 1:11-29).
- The Patented Solution: The invention proposes a system with "centralized management but decentralized execution" of information distribution (Compl. ¶37; ’811 Patent, col. 3:18-21). A central "multi-access manager" (MAM) authenticates a user and displays a catalog of authorized remote "source servers." The user then interacts directly with the selected remote source server, which handles data requests, format translation, and transmission, isolating it from other source servers in the system (’811 Patent, Abstract; Fig. 1).
- Technical Importance: This architecture aimed to provide a secure and scalable method for users to access and retrieve data from diverse, geographically separate information sources through a single point of entry (’811 Patent, col. 2:23-28).
Key Claims at a Glance
- The complaint asserts independent claim 1 (Compl. ¶46).
- Claim 1 is a method for managing and distributing information, comprising the essential elements of:
- Receiving a user's access request at a multi-access manager.
- Determining if the access is approved at the multi-access manager.
- Displaying a catalogue of at least one authorized source server.
- Receiving a source server selection from the user.
- Providing the user access to the selected source server.
- Receiving a request for data at the selected source server.
- Transmitting the data from the selected source server to the user.
- The complaint reserves the right to assert additional claims (Compl. ¶63).
U.S. Patent No. 7,133,922 - "Method and Apparatus for Streaming of Data"
The Invention Explained
- Problem Addressed: The patent identifies a key disadvantage of conventional streaming: "point-to-point" techniques do not scale well for large audiences, as each user requires a separate connection to the origin server, consuming significant bandwidth (Compl. ¶38; ’922 Patent, col. 1:46-48).
- The Patented Solution: The invention discloses an "intelligent gateway" positioned at the edge of a user group's network, such as a corporate Intranet (’922 Patent, col. 5:6-9). If a second user requests a data stream already being supplied through the gateway to a first user, the gateway duplicates the stream locally rather than initiating a new request to the server. The patent also describes a network of these gateways that can source streams from each other to perform load balancing (’922 Patent, Abstract; col. 3:19-24).
- Technical Importance: The technology provides a method for edge-based stream caching and duplication, designed to make large-scale content delivery, particularly for live events, more efficient and scalable (’922 Patent, col. 1:50-54).
Key Claims at a Glance
- The complaint asserts independent claim 18 (Compl. ¶65).
- Claim 18 is a method for providing streaming data, comprising the essential elements of:
- Locating a plurality of gateways between a server and clients.
- Sourcing a data stream from a server or another gateway if it is a first request to that gateway.
- Supplying the data stream from that gateway to a second or subsequent client requesting the same stream.
- Deciding whether a neighboring gateway exists as a potential source for a requested data stream.
- Selecting between two or more possible source gateways by interrogating them about loading, stream quality, and communication latency.
- The complaint reserves the right to assert additional claims (Compl. ¶80).
U.S. Patent No. 7,739,714 - "System for Transmitting Digital Data Over a Limited Bandwidth Link in Plural Blocks"
Technology Synopsis
- The patent addresses the challenge of delivering multimedia presentations to clients with different bandwidths by proposing a scalable data representation (Compl. ¶39; ’714 Patent, col. 2:30-37). Data is encoded into a series of blocks that can be transmitted asynchronously, allowing content to be played almost immediately and then progressively upgraded with higher quality data as more blocks are received (’714 Patent, col. 18:57-62).
Asserted Claims & Accused Features
- Asserted Claims: Independent system claim 9 (Compl. ¶82).
- Accused Features: The complaint alleges that CuriosityStream's system, which uses MPEG-DASH to encode and deliver video content in segments, functions as the claimed "object movie processing system" (Compl. ¶¶84, 86, 88). A diagram included in the complaint illustrates the MPEG-DASH standard's use of a manifest (MPD) and media segments (Compl. p. 29).
U.S. Patent No. 8,122,004 - "Generating and Providing Rich Media Presentations Optimized for a Device Over a Network"
Technology Synopsis
- The patent addresses the problem of varied technical requirements for playing media files on different user systems (Compl. ¶40; ’004 Patent, col. 1:20-52). The invention describes an "attribute inquiry system" that determines a device's configuration information (e.g., browser, bandwidth, language) before providing a content package optimized for that device (’004 Patent, col. 13:28-63).
Asserted Claims & Accused Features
- Asserted Claims: Independent method claim 1 (Compl. ¶102).
- Accused Features: CuriosityStream's content delivery platform is accused of processing requests from devices, determining device attributes such as operating system and browser type, and configuring a media content package specifically for that device (Compl. ¶¶105-106).
U.S. Patent No. 8,046,672 - "Method and System for Delivering Technology Agnostic Rich Media Content with an Email, Banner Ad, and Web Page"
Technology Synopsis
- This patent is directed to delivering rich media presentations by first detecting attributes of a user's internet browser or network device (Compl. ¶119). Based on these detected capabilities, the system selects an appropriate presentation from a plurality of options, where the selected presentation includes a suitable media package and a "virtual player" configured to play it on the device (’672 Patent, col. 25:1-5).
Asserted Claims & Accused Features
- Asserted Claims: Independent method claim 1 (Compl. ¶118).
- Accused Features: The CuriosityStream platform is accused of receiving requests from internet browsers, detecting attributes of the user's computer (e.g., operating system, bandwidth), and selecting a video presentation to send to the browser based on those detected attributes (Compl. ¶¶120-122).
III. The Accused Instrumentality
Product Identification
- The accused product is the "CuriosityStream" on-demand video-streaming platform and service (the "Accused Product") (Compl. ¶41).
Functionality and Market Context
- The Accused Product is a service that allows users to stream video content to various devices, including televisions, computers, and mobile devices (Compl. ¶42). The complaint alleges the service uses the Akamai Content Delivery Network (CDN) for distribution and implements the MPEG-DASH standard for video streaming (Compl. ¶¶44, 48). Functionally, the service requires users to log in to access a catalog of content, which is organized into different collections or libraries that users can select from to view video (Compl. ¶¶49, 51-52).
IV. Analysis of Infringement Allegations
'811 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| receiving from a user at a multi-access manager a request for access to the system; | The CuriosityStream platform receives a request when a user interacts with its login screen, which is alleged to function as the multi-access manager. | ¶49 | col. 6:55-61 |
| determining whether the request for access to the system comprises an approved access at the multi-access manager; | The platform determines if the user's login credentials are valid, which constitutes determining approved access. | ¶50 | col. 7:4-9 |
| displaying in response to an approved access a catalogue of at least one source server... | After a successful login, the platform displays collections of video content, such as content bundles or producer-specific libraries (e.g., ZED), which are alleged to be the claimed catalogue of source servers. The complaint includes a screenshot of a "Smartest Bundle FAQ" page illustrating these content groupings (Compl. p. 12). | ¶51 | col. 7:10-18 |
| receiving a source server selection from the user... | The platform allows a user to select a specific video collection or library from the available catalogue. | ¶52 | col. 7:19-24 |
| providing access for the user to the selected source server; | The platform allows a user to access the video content within the subscribed and selected source libraries. | ¶53 | col. 7:35-37 |
| receiving a request from the user for data at the selected source server, wherein the request for data requests data accumulated in a first format... | The platform receives requests for video content in the MPEG-DASH format. The complaint provides a screenshot of network traffic showing a GET request for a ".mpd" (Media Presentation Description) file, which is the manifest file for MPEG-DASH content (Compl. p. 14). | ¶54 | col. 7:38-44 |
| transmitting the data from the selected source server to the user. | The platform, through its use of the Akamai CDN, streams the selected video content from the source library to the user's device. | ¶55 | col. 7:51-53 |
Identified Points of Contention
- Scope Questions: A central question may be whether the claimed terms "multi-access manager" and "source server", described in the patent in the context of physically and geographically distinct network components (’811 Patent, Fig. 1), can be construed to read on the logical software components of an integrated streaming service, such as a login screen and curated content libraries.
- Technical Questions: The complaint alleges on "information and belief" that Defendant uses the Akamai CDN to implement streaming services (Compl. ¶48). The factual evidence establishing how Akamai's architecture maps to the claimed "source server" functions of receiving data requests and transmitting data will be a focus.
'922 Patent Infringement Allegations
| Claim Element (from Independent Claim 18) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| locating a plurality of gateways between said server and said clients, each said client being associated with one said gateway, | The Accused Product's use of the Akamai CDN allegedly satisfies this element, as the CDN uses a plurality of geographically distributed edge servers (the alleged "gateways") and associates clients with a nearby edge server. | ¶68 | col. 4:8-14 |
| sourcing a data stream from a server or another gateway in the event that a request for a stream is a first request to a said gateway for a said stream, | If an Akamai edge server receives a request for content it does not have cached, it sources the content from either the origin server or another Akamai server deployment. | ¶69 | col. 4:43-54 |
| supplying a data stream from the said gateway to a second or subsequent client requesting a data stream, | Once an Akamai edge server has cached a data stream, it can supply that same stream to subsequent clients who request it, without needing to contact the origin server again. | ¶70 | col. 4:43-54 |
| deciding whether a neighbouring gateway exists from which a first requested data stream may be obtained, | The Akamai CDN platform determines whether another edge server in the deployment has the requested content available. | ¶71 | col. 3:31-39 |
| selecting between two or more gateways ... by interrogating said possible sources about the loading ... quality ... and the communication latency... | The Akamai platform is alleged to automatically select the best-performing source for content from among its multiple data centers based on factors including performance, reliability, and availability. The complaint includes a diagram from an Akamai document illustrating this process (Compl. p. 24). | ¶72 | col. 3:45-54 |
Identified Points of Contention
- Scope Questions: A potential dispute is whether Akamai's "edge servers" fit the patent's definition of a "gateway", which the specification primarily describes in the context of an "Intranet" at the edge of a private user group (’922 Patent, col. 5:6-9).
- Technical Questions: The infringement theory relies entirely on the alleged functionality of the third-party Akamai CDN. A key factual question will be what level of control CuriosityStream exercises over Akamai's server selection, routing, and caching logic, versus merely being a customer of a standard CDN service.
V. Key Claim Terms for Construction
Term: "multi-access manager" (’811 Patent)
- Context and Importance: This term is the central entry point in the claimed system. The complaint equates it with the Accused Product's login screen (Compl. ¶49). Its construction will determine whether a simple authentication interface meets the claim's architectural requirements.
- Intrinsic Evidence for a Broader Interpretation: The specification states the MAM "provides control over access to network system 10" and provides means for "requesting and granting access," which could be interpreted as high-level functional language not tied to a specific hardware implementation (’811 Patent, col. 3:40-44).
- Intrinsic Evidence for a Narrower Interpretation: The patent figures depict the MAM as a distinct architectural block separate from endpoints and source servers (’811 Patent, Fig. 1). The specification describes it as "the first gateway to grant access to information sources" and maintaining a "distinct database of user-level rules and permissions," suggesting a more substantial component than a simple login interface (’811 Patent, col. 7:38-42).
Term: "gateway" (’922 Patent)
- Context and Importance: This term is foundational to the stream duplication and load-balancing claims. The complaint maps it to Akamai's globally distributed edge servers (Compl. ¶68). Its construction will determine if the invention is limited to the private network context emphasized in the specification.
- Intrinsic Evidence for a Broader Interpretation: The abstract describes the invention as providing an "intelligent gateway at the edge of a network," without explicitly limiting the type of network (’922 Patent, Abstract). Claim 18 itself refers more broadly to locating gateways "between said server and said clients."
- Intrinsic Evidence for a Narrower Interpretation: The specification repeatedly uses a corporate or campus network as the primary example, stating the invention provides "an intelligent gateway at the edge of a group of users (such as an Intranet)" (’922 Patent, col. 5:6-9). This context may be used to argue for a narrower definition than a public CDN edge server.
VI. Other Allegations
Willful Infringement
- The complaint alleges that Defendant had knowledge of infringement for each patent "at least as of the service of the present Complaint" (e.g., Compl. ¶¶58, 75, 95, 111, 125). This allegation is based on post-suit knowledge and does not assert pre-suit willfulness.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of architectural scope: can the terms "multi-access manager" and "gateway", rooted in the patent specifications' descriptions of distinct hardware components at the edge of private or enterprise networks, be construed to cover the logical, software-defined functions of a modern, integrated cloud streaming service, such as a login screen or a third-party CDN's edge server?
- A key evidentiary question will be one of control and attribution: does CuriosityStream’s use of the Akamai CDN, a third-party service, constitute direct infringement of the methods claimed in the ’922 Patent? The analysis will likely focus on the degree of control CuriosityStream directs over Akamai’s specific server selection and routing decisions versus simply being a customer of a standard, automated service.
- A central theme across all five patents may be technological evolution: the case will likely test whether claims drafted for the network architectures and streaming protocols of the early 2000s can be interpreted to cover today's highly standardized (e.g., MPEG-DASH), cloud-based, and dynamically optimized content delivery ecosystems.