DCT
1:23-cv-01128
Virtual Creative Artists LLC v. Tumblr Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Virtual Creative Artists, LLC (Delaware)
- Defendant: Tumblr, Inc. (Delaware)
- Plaintiff’s Counsel: Chong Law Firm, P.A.
- Case Identification: 1:23-cv-01128, D. Del., 10/10/2023
- Venue Allegations: Venue is alleged to be proper in the District of Delaware because the defendant is a Delaware corporation and therefore resides in the district.
- Core Dispute: Plaintiff alleges that Defendant’s Tumblr social media platform infringes three patents related to systems and methods for creating and distributing curated multimedia content based on user submissions and attributes.
- Technical Context: The technology at issue falls within the domain of social media and content curation, specifically concerning the server-side architecture for ingesting, filtering, assembling, and distributing user-generated content into personalized feeds.
- Key Procedural History: The complaint notes that the claims of the asserted patents overcame patent eligibility rejections under 35 U.S.C. §101 during prosecution before the U.S. Patent and Trademark Office. The patents-in-suit share a common specification and claim priority to an application filed in 1999, positioning the claimed invention as predating many modern social media platforms.
Case Timeline
| Date | Event |
|---|---|
| 1999-05-05 | Earliest Priority Date for ’480, ’665, and ’576 Patents |
| 2016-10-25 | U.S. Patent No. 9,477,665 Issues |
| 2016-11-22 | U.S. Patent No. 9,501,480 Issues |
| 2019-07-02 | U.S. Patent No. 10,339,576 Issues |
| 2023-10-10 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 9,501,480 - "Revenue-Generating Electronic Multi-Media Exchange and Process of Operating Same"
The Invention Explained
- Problem Addressed: The patent addresses what the complaint describes as a 1998 "Internet-centric problem" of how to create a computer system that allows remote users to submit, share, and collaborate on electronic content for the purpose of developing new media content (Compl. ¶11).
- The Patented Solution: The invention is a computer-based system comprised of four distinct but operatively coupled subsystems: an "electronic media submissions server subsystem" to receive content from users, an "electronic multimedia creator server subsystem" that uses a filter based on user attributes to select and retrieve submissions, an "electronic release subsystem" to make the developed content available to users, and an "electronic voting subsystem" for users to rate the content (’480 Patent, Abstract; Compl. ¶12). The system is designed to manage a crowdsourcing-style workflow for content creation and distribution (’480 Patent, col. 3:1-14).
- Technical Importance: The claimed invention provides a specific, structured, server-based architecture for managing user-generated content, which the complaint alleges predates modern crowdsourcing solutions (Compl. ¶11).
Key Claims at a Glance
- The complaint asserts independent claim 1 (Compl. ¶22).
- The essential elements of Claim 1 are:
- A computer-based system comprising four subsystems:
- An "electronic media submissions server subsystem" with a submissions interface configured to receive and store electronic media submissions from a plurality of submitters.
- An "electronic multimedia creator server subsystem" operatively coupled to the submissions subsystem, configured to select and retrieve submissions using an "electronic content filter" based on user attributes "to develop multimedia content."
- An "electronic release subsystem" operatively coupled to the creator subsystem, configured to make the multimedia content available for viewing on user devices.
- An "electronic voting subsystem" configured to enable a user to electronically vote for or rate the multimedia content.
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 9,477,665 - "Revenue-Generating Electronic Multi-Media Exchange and Process of Operating Same"
The Invention Explained
- Problem Addressed: The ’665 Patent shares an identical specification with the ’480 Patent and thus addresses the same problem of creating a system for collaborative, remote media content development (Compl. ¶35).
- The Patented Solution: This patent claims a method for generating multimedia content, rather than a system. The claimed process involves specific electronic steps: retrieving media submissions from a database using a filter based on user attributes, generating a multimedia file from the retrieved submissions while maintaining submitter identification, transmitting that file to publicly accessible webservers, and providing a graphical user interface for users to vote on or rate the content (’665 Patent, col. 4:1-30; Compl. ¶36).
- Technical Importance: The invention is framed as a "highly technical electronic process that cannot be achieved with the human mind and is instead rooted in computer technology" (Compl. ¶36).
Key Claims at a Glance
- The complaint asserts independent claim 1 (Compl. ¶43).
- The essential elements of Claim 1 are:
- A method of generating multimedia content, comprising:
- Electronically retrieving a plurality of electronic media submissions from a database using an electronic content filter based on user attributes.
- Electronically generating a multimedia file from the retrieved submissions in a selected digital format, wherein the submitter's identification is maintained.
- Electronically transmitting the multimedia file to a plurality of publicly accessible webservers for viewing on user devices via a web-browser.
- Providing a web-based graphical user interface that enables a user to electronically transmit data indicating a vote or rating for the content.
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 10,339,576 - "Revenue-Generating Electronic Multi-Media Exchange and Process of Operating Same"
Technology Synopsis
Sharing the same specification as the other asserted patents, the ’576 patent describes a system for the automatic generation of multimedia content (Compl. ¶56). The system applies an electronic filter, having criteria associated with one or more users, to a plurality of electronic media submissions stored on a database to generate content for viewing on user devices (Compl. ¶56).
Asserted Claims
The complaint asserts claim 17 (Compl. ¶57).
Accused Features
The accused features include the Tumblr computer-based system that generates personalized content feeds for users based on user-selected preferences and interests, allegedly using separate server subsystems for different functions (Compl. ¶58).
III. The Accused Instrumentality
Product Identification
The accused instrumentality is the Tumblr social media platform, including its website, associated applications, and the underlying computer-based system (Compl. ¶22, ¶43, ¶57).
Functionality and Market Context
- The complaint alleges that Tumblr operates a computer-based system that provides personalized content feeds to users, populating these feeds with multimedia content such as images, videos, text, and hashtags (Compl. ¶22, ¶44). The curation of these feeds is allegedly based on user attributes, including user-selected interests and follower selections (Compl. ¶25, ¶46). The complaint provides a screenshot from a user sign-up process where a user is prompted, "What're you into?," to select topics of interest (Compl. p. 10).
- Functionally, users act as "submitters" by uploading content to the platform via a submissions interface (Compl. ¶23). This content is stored in what the complaint terms an "electronic media submissions database" for distribution (Compl. ¶23). Other users can then view and interact with this content, for example by "liking" (heart icon) or "reblogging" (recycle icon), actions which contribute to a "notes" score that is tracked and associated with the content (Compl. ¶28, ¶49).
IV. Analysis of Infringement Allegations
U.S. Patent No. 9,501,480 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| an electronic media submissions server subsystem... having... a submissions electronic interface configured to receive electronic media submissions from a plurality of submitters over a public network... | Tumblr's system includes servers and databases that receive and store user posts (photos, videos, text, hashtags) uploaded via the Tumblr platform interface over the internet (Compl. p. 25). | ¶23 | col. 7:46-67 |
| ...the electronic media submissions database configured to store data identifying the submitter and data indicating content for each electronic media submission... | The Tumblr database allegedly stores user submissions along with data identifying the submitter (e.g., username and profile photo) and the content of the post (Compl. p. 36). | ¶24 | col. 8:1-17 |
| an electronic multimedia creator server subsystem... configured to select and retrieve a plurality of electronic media submissions from the electronic media submissions database... | Tumblr's servers select and retrieve posts from its database to assemble a user's customized feed (Compl. p. 50). | ¶26 | col. 8:18-24 |
| ...using an electronic content filter... based at least in part on... one or more user attributes to develop multimedia content... wherein the identification of the submitter is maintained... | Tumblr allegedly uses proprietary algorithms (the "filter") based on user attributes (e.g., age, interests, followers) to develop the user's feed, maintaining the submitter's name and photo with each post. | ¶25, ¶26 | col. 4:1-9 |
| an electronic release subsystem... configured to make the multimedia content electronically available for viewing on one or more user devices. | Tumblr's servers deliver posts and associated multimedia content to users' devices (e.g., computers or smartphones) for viewing in their customized feeds (Compl. p. 58). | ¶27 | col. 4:31-46 |
| an electronic voting subsystem... configured to enable a user to electronic vote for or electronically rate an electronically available multimedia content... | Tumblr's interface allows users to "like," "reblog," or reply to posts, which contributes to a "notes" score that is tracked and associated with the content (Compl. p. 66). | ¶28 | col. 6:40-49 |
U.S. Patent No. 9,477,665 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| electronically retrieving a plurality of electronic media submissions from an electronic media submissions database on a non-transitory medium using an electronic content filter... based... on... user attributes... | Tumblr's system retrieves user posts from its database using algorithms (the "filter") that rely on user attributes such as interests and followed accounts to determine which posts appear on a user's feed (Compl. p. 92). | ¶45 | col. 4:1-9 |
| electronically generating a multimedia file from the retrieved electronic media submissions in accordance with a selected digital format... wherein the identification of the submitter is maintained... | Tumblr's system allegedly generates multimedia files (e.g., the user's feed) compatible with the user's device/browser, displaying the submitter's identity with each retrieved post within the feed (Compl. p. 115). | ¶47 | col. 4:10-14 |
| electronically transmitting the multimedia file to a plurality of publicly available webservers to be electronically available for viewing on one or more user devices... over a public network via a web-browser... | The Accused Instrumentality allegedly transmits the multimedia files via its geographically distributed servers over the internet for viewing on user devices via a web browser or a smartphone app that functions as a web-browser (Compl. p. 121). | ¶48 | col. 4:15-23 |
| providing a web-based graphical user interface that enables a user to electronically transmit data indicating a vote or rating for an electronically available multimedia content... | Tumblr provides a GUI with icons for "liking" (heart), "reblogging" (recycle), and replying, which allows users to vote for or rate content, contributing to a "notes" score used by Tumblr's algorithms (Compl. p. 127). | ¶49 | col. 4:24-30 |
Identified Points of Contention
- Scope Questions: The patents claim a system of distinct "subsystems" (e.g., "submissions server subsystem," "creator server subsystem"). The complaint alleges that Tumblr's use of functionally-specific cloud servers and different networks constitutes these separate subsystems (Compl. ¶22). A potential point of contention may be whether Tumblr's modern, distributed software architecture maps onto the more discrete hardware and software components contemplated by the patent's 1999 priority date.
- Technical Questions: The ’480 patent requires the creator subsystem "to develop multimedia content." A key technical question will be what evidence supports the allegation that curating a personalized feed of individual user posts constitutes "developing" new content, as opposed to merely displaying a sequence of existing content. The interpretation of this phrase may be central to the infringement analysis.
V. Key Claim Terms for Construction
The Term: "subsystem" (e.g., "electronic media submissions server subsystem," "electronic multimedia creator server subsystem")
- Context and Importance: This term is foundational to the architecture of the asserted system claim. The infringement case hinges on mapping Tumblr's infrastructure to this claimed structure of four distinct, operatively coupled subsystems. Practitioners may focus on whether this requires physically or merely logically distinct components.
- Intrinsic Evidence for a Broader Interpretation: The specification's block diagrams (e.g., ’480 Patent, Fig. 2) depict these as functionally separate blocks (e.g., "Creator Database," "Submission Database") connected within a "Central Controller," which could support an interpretation that functional or logical separation is sufficient, even if running on shared cloud infrastructure.
- Intrinsic Evidence for a Narrower Interpretation: The complaint's emphasis that the invention required "specialized hardware and software" like an "Oracle7" database at the time could be used to argue for a narrower construction tied to more physically distinct server structures common in the late 1990s, rather than today's virtualized cloud environments (Compl. ¶13).
The Term: "to develop multimedia content"
- Context and Importance: This phrase defines the core function of the "electronic multimedia creator server subsystem." The dispute will likely center on whether assembling a personalized feed of discrete posts meets this limitation.
- Intrinsic Evidence for a Broader Interpretation: The patent states the filter is used "to develop multimedia content to be electronically available for viewing on user devices," and the ’665 patent claims a step of "electronically generating a multimedia file" from retrieved submissions (’480 Patent, Claim 1; ’665 Patent, Claim 1). This language may support the plaintiff's view that creating the curated, ordered feed itself is the "development" of content or generation of a "file."
- Intrinsic Evidence for a Narrower Interpretation: The background of the invention discusses creating content for television programming and movies (’480 Patent, col. 1:19-23). A defendant may argue this context implies "develop" requires creating a new, unitary work (like a compiled video) from constituent parts, not simply sequencing existing, separate posts for display.
VI. Other Allegations
The complaint does not contain allegations of indirect infringement or willful infringement.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of architectural interpretation: Can the patents' late-1990s architecture of discrete, functionally-named "subsystems" be construed to read on a modern, distributed, cloud-based social media platform? The outcome will depend heavily on claim construction and how the court maps the patent's block diagrams to the operational reality of the accused system.
- A second key question will be one of functional scope: Does the accused system's process of algorithmically selecting and sequencing user posts for a personalized feed constitute "developing multimedia content" as required by the claims, or does that term require the creation of a new, derivative multimedia work from the selected submissions?
- Finally, a threshold issue may be patent eligibility: The complaint’s proactive defense of patent eligibility under 35 U.S.C. §101 suggests an anticipated challenge (Compl. ¶21, ¶42). The court will likely have to determine whether the claims are directed to the abstract idea of curating and sharing information, and if so, whether the specified multi-subsystem architecture provides a sufficient inventive concept to render the claims patent-eligible.