DCT
1:17-cv-11048
Thomas MAJCHROWSKI & Associates v. 3play Media Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Thomas Majchrowski & Associates, Inc. dba Terescription (California)
- Defendant: 3Play Media, Inc. (Delaware)
- Plaintiff’s Counsel: Brooks Kushman P.C.
- Case Identification: 1:17-cv-11048, D. Mass., 06/07/2017
- Venue Allegations: Venue is alleged to be proper in the District of Massachusetts because the Defendant has its principal place of business in the district and has allegedly committed acts of patent infringement there.
- Core Dispute: Plaintiff alleges that Defendant’s interactive video transcript software infringes a patent related to synchronizing digital media playback with a time-stamped, hyperlinked transcript.
- Technical Context: The technology at issue facilitates the navigation and searchability of video and audio content by linking the media playback to its corresponding text transcript.
- Key Procedural History: The complaint notes that the application leading to the patent-in-suit was assigned from the inventor to Teresis Media Management, Inc. in 2008, and subsequently assigned to the Plaintiff in 2011. A certificate of correction for the patent was issued on March 21, 2017.
Case Timeline
| Date | Event |
|---|---|
| 2005-02-14 | ’683 Patent Priority Date |
| 2008-08-13 | Application assigned to Teresis Media Management, Inc. |
| 2011-02-23 | Application assigned to Plaintiff Terescription |
| 2013-11-05 | ’683 Patent Issue Date |
| 2017-03-21 | ’683 Patent Certificate of Correction Issued |
| 2017-06-07 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,577,683 - "Multipurpose Media Players," issued November 5, 2013
The Invention Explained
- Problem Addressed: The patent's background section describes the difficulties faced by production staff in the "unscripted programming" or "Reality TV" industry, who must review "hundreds to thousands of hours of videotape" (Compl. ¶8; ’683 Patent, col. 1:17-38). Navigating between separate video files and text-based transcripts or logs is described as "difficult and time-consuming," which "impedes the creativity and productivity of the producers and the storywriters" (’683 Patent, col. 1:49-54).
- The Patented Solution: The invention is a "multipurpose media player" that integrates a digital media player with a corresponding data file, such as a transcript (’683 Patent, col. 2:4-6). The core innovation is that time-code indications within the text file are implemented as hyperlinks; when a user activates a hyperlink, the media player automatically repositions playback to the corresponding moment in the video or audio stream (’683 Patent, col. 2:35-39; Fig. 2). This creates a single, correlated interface for reviewing media content and its associated text.
- Technical Importance: This integrated approach sought to streamline the media post-production workflow by eliminating the manual and inefficient process of cross-referencing video tapes with separate paper or digital transcripts (’683 Patent, col. 1:49-54).
Key Claims at a Glance
- The complaint asserts independent claim 1 and reserves the right to assert additional claims (Compl. ¶14).
- Independent Claim 1 is directed to a "computer program product" embodied on a non-transitory medium with instructions for a data processor to perform the following steps:
- display at least a portion of a transcript where one or more words are hyperlinked;
- the transcript is embedded with a time stamp representative of a time code associated with the hyperlinked words;
- receive an activation of the text hyperlink; and
- in response to the activation, play the digital medium starting at the time code associated with the embedded time stamp.
III. The Accused Instrumentality
Product Identification
- The accused instrumentalities are Defendant's "Accused Software Products," including "3Play's Interactive Transcript Plugin" (Compl. ¶6).
Functionality and Market Context
- The complaint alleges the Accused Software Products provide an "interactive transcript" that can be added to a website by inserting an embed code (Compl. ¶15). This plugin allows end-users to "interact with your video in an entirely new way" by enabling them to "search the video and navigate by clicking on any word to jump to that exact point" (Compl. ¶17, p. 5). The complaint presents evidence from the Defendant's website suggesting the product's market importance is to make video "Searchable, SEO-Friendly, and More Engaging" (Compl. p. 5).
IV. Analysis of Infringement Allegations
’683 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A computer program product that directs a data processor to play a digital medium and to display a transcript... | The Accused Software Products are alleged to be computer programs that direct a data processor to play a digital medium (a video) and display an associated transcript. | ¶15-16 | col. 29:37-44 |
| display at least a portion of the transcript associated with the digital medium, one or more words in the series of words being hyperlinked to provide a text hyperlink, the transcript embedded with a time stamp representative of a time code... | The Accused Software Products are alleged to display a transcript where words are hyperlinked and associated with a time stamp. A screenshot from Defendant's website shows a video player alongside a transcript. | ¶17, p. 5 | col. 4:41-46 |
| receive an activation of the text hyperlink | The Accused Software Products allegedly receive an activation when a user clicks on a word in the transcript. A screenshot from Defendant's materials shows a cursor hovering over a word in the transcript, which is labeled "Cursor over Hyperlink in Transcript." | ¶18, p. 6 | col. 4:47-48 |
| upon receipt of the text hyperlink activation, play the digital medium starting at the time code associated with the embedded time stamp | Upon a user clicking a hyperlinked word, the Accused Software Products allegedly play the video from the corresponding time code. This is supported by a quote from a 3Play webinar stating, "I can still click a word to jump to that part of the video." | ¶19, p. 7 | col. 4:48-51 |
- Identified Points of Contention:
- Scope Questions: A central issue may be the scope of the term "text hyperlink." The patent specification describes specific implementations, including using HTML tags and JavaScript function calls (’683 Patent, col. 17:47-67). The infringement analysis will raise the question of whether the technical mechanism used by the Accused Software Products to achieve click-to-navigate functionality falls within the scope of the claim term as construed in light of the patent's disclosure.
- Technical Questions: The complaint alleges the accused product uses a "time stamp" for each word, but provides no detail on its format or structure (Compl. p. 6). The ’683 patent describes a "time stamp representative of a time code" and references the SMPTE time code format specifically (’683 Patent, col. 6:44-50). A technical question for the court will be whether the "time stamp" implemented in the accused product is structurally and functionally equivalent to the "time code" required by the claim.
V. Key Claim Terms for Construction
The Term: "text hyperlink"
Context and Importance: This term is at the core of the asserted invention, defining the interactive link between the text and the media. The infringement case will depend heavily on whether the Defendant's click-to-navigate functionality constitutes a "text hyperlink" as claimed. Practitioners may focus on this term because the patent's detailed description provides specific technical examples that could be used to argue for a narrower construction than what the complaint's general allegations might imply.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent summary describes the function broadly as a "hyperlink to the medium which causes the media player to position the playing time of the medium to the time specified by the time-code when the hyperlink is activated" (’683 Patent, col. 2:35-39).
- Evidence for a Narrower Interpretation: The detailed description provides specific examples of HTML-formatted hyperlinks, such as
<a href="javascript:jump(...)">, which could be argued to limit the scope of the term to such web-based implementations (’683 Patent, col. 17:47-67).
The Term: "transcript"
Context and Importance: The accused product is an "Interactive Transcript Plugin." The scope of this term is important because if it is construed narrowly to mean only verbatim dialogue, it could create a potential non-infringement argument if the accused product is used with other forms of text, such as logs or summaries.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent describes the text file more broadly than just dialogue, noting the text notes may comprise "transcribed dialog; a logging of activities, locations and characteristics of one or more scenes...; production notes; storyline notes; other information" (’683 Patent, col. 5:15-19).
- Evidence for a Narrower Interpretation: The primary embodiment shown in Figure 3 is labeled with "Transcribed Dialog," and the associated description focuses on correlating spoken words with text, which may support a narrower construction focused on verbatim transcription (’683 Patent, Fig. 3; col. 5:21-25).
VI. Other Allegations
- Indirect Infringement: The complaint alleges facts that may support a claim for induced infringement. It states that Defendant "sells transcription services... to produce interactive transcripts" and that its "customers need the Accused Software Products to use 3Play's interactive transcripts," suggesting Defendant provides the infringing tool and encourages its customers to use it in an infringing manner (Compl. ¶¶ 20-22).
- Willful Infringement: The complaint includes a request for enhanced damages for willful infringement in its prayer for relief (Prayer for Relief, C). However, the complaint does not allege any specific facts to support pre-suit knowledge by the Defendant. The allegation appears to be a standard pleading to preserve the right to seek enhanced damages for any post-suit infringement.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "text hyperlink," which the patent illustrates with specific HTML and JavaScript examples, be construed to cover the particular click-to-navigate mechanism implemented in the accused Interactive Transcript Plugin, the technical details of which are not specified in the complaint?
- A key evidentiary question will be one of technical correspondence: does the accused product’s underlying "time stamp" system possess the structure and function of the claimed "time stamp representative of a time code," especially in light of the patent’s references to the industry-standard SMPTE format? The answer will likely depend on evidence adduced during discovery regarding the technical operation of the accused software.