DCT
9:22-cv-81627
Solv Health Inc v. GreatGigz Solutions LLC
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Solv Health, Inc. (Delaware)
- Defendant: GreatGigz Solutions, LLC (Florida)
- Plaintiff’s Counsel: Armstrong Teasdale LLP; Fish & Richardson P.C.
- Case Identification: 9:22-cv-81627, S.D. Fla., 10/21/2022
- Venue Allegations: Plaintiff Solv Health alleges venue is proper in the Southern District of Florida because Defendant GreatGigz Solutions has its principal place of business in the district.
- Core Dispute: Plaintiff seeks a declaratory judgment that its software platform does not infringe four patents owned by Defendant related to automated job searching and recruitment services, and that the patents are invalid.
- Technical Context: The patents describe networked computer systems for connecting job seekers with employers, automating the exchange of information related to recruitment, job opportunities, and scheduling.
- Key Procedural History: This declaratory judgment action follows a series of patent infringement lawsuits filed by Defendant GreatGigz against customers of Plaintiff Solv Health in the Eastern and Western Districts of Texas, beginning in September 2021. The complaint also raises invalidity arguments under 35 U.S.C. §§ 101, 102, and 103, asserting the patents are directed to abstract ideas and are anticipated or rendered obvious by prior art.
Case Timeline
| Date | Event |
|---|---|
| 1999-07-31 | Priority Date for all Patents-in-Suit |
| 2003-12-09 | U.S. Patent No. 6,662,194 Issues |
| 2009-02-10 | U.S. Patent No. 7,490,086 Issues |
| 2017-09-12 | U.S. Patent No. 9,760,864 Issues |
| 2018-10-09 | U.S. Patent No. 10,096,000 Issues |
| 2021-09-14 | GreatGigz files first "Customer Lawsuit" in E.D. Tex. |
| 2021-11-23 | GreatGigz files "Customer Lawsuit" in W.D. Tex. |
| 2022-09-15 | GreatGigz files "Customer Lawsuit" in E.D. Tex. |
| 2022-10-21 | Complaint for Declaratory Judgment Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 6,662,194 - Apparatus and method for providing recruitment information
Issued December 9, 2003
The Invention Explained
- Problem Addressed: Traditional job searching and recruitment processes are described as inefficient, limited by personal contacts and geographical constraints, and often lacking in confidentiality (Compl. Ex. A, col. 2:25-52). These processes can result in wasted time and effort when parties are not properly pre-screened or informed about each other's needs and demands (Compl. Ex. A, col. 3:9-21).
- The Patented Solution: The invention proposes a networked computer system that acts as a centralized clearinghouse for recruitment information (Compl. Ex. A, col. 4:59-63). The system stores information about job opportunities and job search requests, detects a "searching event," and automatically generates and transmits a responsive message to an individual's communication device in "real-time" (Compl. Ex. A, Abstract). This automates the initial matching of candidates to opportunities, aiming to overcome the shortcomings of manual recruitment efforts (Compl. Ex. A, col. 4:38-44).
- Technical Importance: The technology represents an early application of networked computing to automate and streamline the exchange of information in the recruitment and staffing industry (Compl. ¶1).
Key Claims at a Glance
- The complaint asserts non-infringement of independent Claim 1 (Compl. ¶16).
- Essential elements of Claim 1 include:
- A memory device for storing information regarding job opportunities and a job search request.
- A processing device for processing the job search request upon detection of a "searching event."
- The processing device is programmed to detect the searching event, utilizes the stored job opening information, and generates a responsive message.
- A transmitter for transmitting the message to an individual's communication device in "real-time."
- The complaint requests a declaration of non-infringement of "any claim" of the patent (Compl. p. 5, ¶17).
U.S. Patent No. 7,490,086 - Apparatus and method for providing job searching services recruitment services and/or recruitment-related services
Issued February 10, 2009
The Invention Explained
- Problem Addressed: The patent addresses the same general problems as its parent, the ’194 Patent: the inefficiencies, costs, and confidentiality concerns of traditional recruitment and job-seeking efforts (Compl. Ex. B, col. 2:48-67).
- The Patented Solution: The ’086 Patent claims a similar networked system but expands on the definition of the triggering "searching event" (Compl. Ex. B, Abstract). The searching event is explicitly defined to include not only a job posting by an employer but also events like a news release, an economic report, or other occurrences that might create interest for either an employer or a job seeker (Compl. Ex. B, col. 6:46-67). This allows the system to proactively match parties based on a wider range of market signals, beyond a simple job posting (Compl. Ex. B, col. 6:2-7).
- Technical Importance: This patent refines the automated matching concept by incorporating a broader set of real-world events as triggers for the recruitment process (Compl. ¶1).
Key Claims at a Glance
- The complaint asserts non-infringement of independent Claim 1 (Compl. ¶26).
- Essential elements of Claim 1 include:
- A memory device storing information regarding job opportunities and a job search request or inquiry.
- A processing device that processes the job search request upon detection of a "searching event."
- The "searching event" is defined as one of a long list of occurrences, including a job posting, posting of new data from an individual, a news release, an economic report, or an event creating interest for an employer or individual.
- The processing device automatically detects the event, utilizes the stored job information, and generates a responsive message.
- A transmitter that transmits the message to an individual's communication device.
- The complaint requests a declaration of non-infringement of "any claim" of the patent (Compl. ¶27).
U.S. Patent No. 9,760,864 - Apparatus and method for providing job searching services, recruitment services and/or recruitment-related services
Issued September 12, 2017
- Technology Synopsis: This patent, part of the same family, claims an apparatus for providing job search and recruitment information. It focuses on a two-step communication process where an employer first requests a worker's schedule information, and the system responds, after which the apparatus can process a second request to reserve or engage that worker's services (Compl. ¶36; Compl. Ex. C, Abstract).
- Asserted Claims: The complaint asserts non-infringement of independent Claim 1 (Compl. ¶36).
- Accused Features: Solv Health alleges its platform does not employ a system that stores and provides work schedule information in response to a first request and then processes a second request to engage the worker based on that schedule information (Compl. ¶36).
U.S. Patent No. 10,096,000 - Apparatus and method for providing job searching services, recruitment services and/or recruitment-related services
Issued October 9, 2018
- Technology Synopsis: This patent is also from the same family and describes a system for exchanging work schedule information. It claims an apparatus where a memory stores schedule information, a receiver gets a request for that information, a processor generates a message with the schedule, and a transmitter sends it, followed by processing a second request to offer or reserve services based on the information in the first message (’000 Patent, Abstract).
- Asserted Claims: The complaint asserts non-infringement of independent Claim 1 (Compl. ¶46).
- Accused Features: Solv Health alleges its platform does not use a memory device for storing work schedule information for employers or workers, nor does it process sequential requests for obtaining and then acting upon that schedule information as claimed (Compl. ¶46).
III. The Accused Instrumentality
Product Identification
- The accused instrumentality is identified as the "Solv Health software platform" (Compl. ¶11, ¶13).
Functionality and Market Context
- The complaint does not provide sufficient detail for analysis of the technical functionality of the Solv Health software platform. The pleading is a declaratory judgment action that makes negative averments about the platform's functionality (e.g., that it does not perform certain claimed steps) rather than affirmatively describing its features (Compl. ¶¶16, 26, 36, 46). The complaint notes that Defendant GreatGigz has accused the platform of infringement in lawsuits filed against Solv Health's customers (Compl. ¶2, ¶11).
No probative visual evidence provided in complaint.
IV. Analysis of Infringement Allegations
The complaint does not contain affirmative infringement allegations. Instead, it presents a theory of non-infringement by listing elements of the asserted claims and alleging that the Solv Health platform does not practice them.
’194 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Functionality Alleged by Solv to be Non-Infringing | Complaint Citation | Patent Citation |
|---|---|---|---|
| a memory device for storing information regarding at least one of a job opening...and information regarding a job search request | Solv Health alleges it does not employ a method that uses a memory device for storing both job opening information and job search request information. | ¶16 | col. 4:35-37 |
| a processing device for processing information regarding the job search request upon a detection of an occurrence of a searching event...generates a message containing information regarding at least one of a job opening...wherein the message is responsive to the job search request | Solv Health alleges it does not employ a method where a processing device detects a "searching event" and responsively generates a message containing job opening information. | ¶16 | col. 4:38-48 |
| a transmitter for transmitting the message to a communication device associated with an individual, wherein the message is transmitted to the communication device in real-time | Solv Health alleges it does not employ a method that uses a transmitter to send the message to a communication device in "real-time." | ¶16 | col. 4:49-52 |
’086 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Functionality Alleged by Solv to be Non-Infringing | Complaint Citation | Patent Citation |
|---|---|---|---|
| a memory device, wherein the memory device stores information regarding at least one of a job opening...and further wherein the memory device stores information regarding a job search request or inquiry | Solv Health alleges it does not employ a method that uses a memory device storing both job opportunity information and a job search request or inquiry. | ¶26 | col. 6:40-45 |
| a processing device, wherein the processing device processes the information regarding a job search request or inquiry upon a detection of an occurrence of a searching event, wherein the searching event is an occurrence of at least one of a job posting...industry-specific news, an event which creates an interest... | Solv Health alleges it does not employ a method where a processing device processes a job search request upon detecting a "searching event" as defined by the broad list of occurrences in the claim. | ¶26 | col. 6:46-67 |
| a transmitter, wherein the transmitter transmits the message to a communication device associated with an individual | Solv Health alleges it does not employ a method that uses a transmitter to transmit the generated message to an individual's communication device. | ¶26 | col. 7:16-19 |
- Identified Points of Contention:
- Scope Questions: A central dispute may concern the scope of "searching event." The complaint's specific denial of this functionality for both the ’194 and ’086 Patents suggests a potential mismatch between the patents' definitions of this trigger and the operation of the Solv Health platform (Compl. ¶¶16, 26).
- Technical Questions: The complaint's denial that it transmits messages in "real-time" raises a factual and technical question regarding the timing and mechanism of communications within the Solv Health platform versus the requirements of Claim 1 of the ’194 Patent (Compl. ¶16).
V. Key Claim Terms for Construction
The Term: "real-time" (from Claim 1 of the ’194 Patent)
Context and Importance: Solv Health expressly alleges that its platform does not transmit messages in "real-time," making the definition of this term critical to the non-infringement analysis (Compl. ¶16). Practitioners may focus on this term because its construction could be dispositive of infringement for the ’194 Patent.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification does not appear to provide an explicit definition, which may suggest the term should be given its plain and ordinary meaning to a person of ordinary skill in the art at the time of the invention.
- Evidence for a Narrower Interpretation: The patent repeatedly emphasizes overcoming the "time delays" of the prior art (Compl. Ex. A, col. 3:6-8). Defendant may argue that "real-time" should be construed in this context to mean instantaneous or near-instantaneous transmission without the delays characteristic of traditional, non-automated communication methods.
The Term: "searching event" (from Claim 1 of the ’086 Patent)
Context and Importance: The definition of this term is central to the claimed invention's trigger mechanism. Claim 1 of the ’086 Patent provides a lengthy and specific list of what constitutes a "searching event," including a job posting, a news release, or an economic report (Compl. Ex. B, col. 6:49-61). Solv Health's denial of this entire limitation suggests the dispute will focus on whether its platform's operations fall within this specific, multi-part definition (Compl. ¶26).
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim uses the phrase "at least one of," which suggests that the detection of any single item from the enumerated list is sufficient to meet the limitation.
- Evidence for a Narrower Interpretation: The specification describes the "searching event" as something that can be "pre-defined and/or be pre-specified" (Compl. Ex. B, col. 29:26-29). This language might support a narrower construction requiring a degree of pre-configuration or specific programming to detect the listed events, rather than any incidental occurrence.
VI. Other Allegations
- Indirect Infringement: The complaint seeks a declaration of non-infringement under any theory, including indirectly, but does not allege specific facts related to inducement or contributory infringement, as its purpose is to deny liability (Compl. ¶17, ¶27, ¶37, ¶47).
- Willful Infringement: This is not applicable, as the plaintiff is seeking a declaration of non-infringement.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "real-time," as used in the context of overcoming prior art communication delays, be construed to cover the communication protocols used by the Solv Health software platform? The answer will likely depend on evidence regarding the platform's actual transmission speeds and architecture.
- A key evidentiary question will be one of functional operation: does the Solv Health platform automatically detect and act upon the specific, multi-part list of occurrences defined as a "searching event" in the ’086 Patent, or is there a fundamental mismatch between the patent's proactive, signal-based trigger and the platform's actual method of operation?
- A central legal question will be one of patent eligibility: are the claims, as alleged by Solv Health, directed to the abstract idea of "exchanging information to hire and schedule individuals for jobs" without adding a sufficient inventive concept, raising a significant challenge under 35 U.S.C. § 101? (Compl. ¶22, ¶32, ¶42, ¶52).