DCT

4:15-cv-13437

Zak v. Facebook Inc

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 4:15-cv-13437, E.D. Mich., 09/29/2015
  • Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Michigan on the basis that Defendant transacts business in the state and that acts of infringement occurred there.
  • Core Dispute: Plaintiff alleges that Defendant’s Facebook Website infringes patents related to systems for automatically managing content on a network interface.
  • Technical Context: The technology concerns web-based content management systems that allow non-technical users to create, modify, and control access to online content and applications through the use of profiles and configurable rules.
  • Key Procedural History: The '720' Patent is a continuation of the '134' Patent. The complaint alleges that Plaintiff's licensee, EveryWare, Inc., has marked its website with the respective patent numbers since their issue dates, which may be used to support an allegation of constructive notice.

Case Timeline

Date Event
2003-02-13 Priority Date for '134 and '720 Patents
2014-04-29 '134 Patent Issued
2014-04-29 Alleged constructive notice of '134 Patent begins via marking
2015-09-22 '720 Patent Issued
2015-09-22 Alleged constructive notice of '720 Patent begins via marking
2015-09-29 Complaint Filed

II. Technology and Patent(s)-in-Suit Analysis

  • U.S. Patent No. 8,713,134 - System and Method for Managing Content on a Network Interface, Issued April 29, 2014

    • The Invention Explained:
      • Problem Addressed: The patent’s background section describes the significant challenge for organizations, especially those with limited resources, to keep web content current and accurate. It notes that managing content is often a manual, technically demanding process involving multiple personnel, which can lead to inconsistencies and errors. ('134 Patent, col. 1:19-56).
      • The Patented Solution: The invention proposes a system to automate web content management, allowing non-technical users to control content without needing technical skills. The system comprises an "interface subsystem" to capture user inputs and a "content subsystem" that automatically creates and manages "configurable applications" (e.g., newsrooms, biographies) and links. This automation is driven by user profiles and "business rules" that dictate how content is generated and displayed. ('134 Patent, Abstract; col. 2:16-34; Fig. 4).
      • Technical Importance: This technology aimed to lower the barrier to entry for creating and maintaining dynamic, content-rich websites, reducing reliance on specialized technical staff and enabling more efficient content management. ('134 Patent, col. 2:16-18).
    • Key Claims at a Glance:
      • The complaint asserts dependent claim 30, which depends on independent claim 29. (Compl. ¶21).
      • Independent claim 29 recites the key elements of a "network interface management system":
        • An "interface subsystem" with a "portal" to capture various user "input characteristics" (text, graphics, etc.).
        • A "content subsystem" with a network interface, a plurality of "configurable applications" including a "biography application" and a second content-distributing application, and "configurable links".
        • The system "selectively generat[es]" the applications from the input characteristics.
        • The system "automatically embed[s]" the configurable links based on a user's "profile" and a "business rule" that determines what content can be viewed.
      • The complaint reserves the right to assert additional claims during litigation. (Compl. ¶21).

  • U.S. Patent No. 9,141,720 - System and Method for Managing Content on a Network Interface, Issued September 22, 2015

    • The Invention Explained:
      • Problem Addressed: As a continuation, this patent addresses the same core problem: the difficulty for organizations to manage web content effectively, particularly when multiple people are responsible for different content areas. ('720 Patent, col. 1:47-62).
      • The Patented Solution: The invention describes a computer-managed system for displaying content on web pages to multiple users. It focuses on a structure with at least a "first configurable application" (a "biography application") and a "second configurable application" generated from content received from both an "administrator" and other users. The system's key feature is its use of two distinct, administrator-configurable "business rules": a first rule to control which users can view content, and a second rule to control which users are permitted to provide content. ('720 Patent, Abstract; col. 9:42-col. 10:43).
      • Technical Importance: The patent describes a foundational architecture for user-generated content platforms with granular access controls, separating the permissions for viewing content from the permissions for contributing content, a key concept in modern social and collaborative web applications. ('720 Patent, col. 2:29-34).
    • Key Claims at a Glance:
      • The complaint asserts independent claim 11. (Compl. ¶41).
      • Independent claim 11 recites the key elements of a system for managing content:
        • A plurality of computer-managed "configurable applications", including a first "biography application" and a second application generated from content from both an "administrator" and other users.
        • At least one "application link" pointing to a configurable application.
        • A "first business rule", configurable by the administrator, using user profiles to determine which content is "viewable" by other users.
        • A "second business rule", configurable by the administrator, using user profiles to determine which other users are "permitted to provide content".
      • The complaint reserves the right to assert additional claims. (Compl. ¶41).

III. The Accused Instrumentality

  • Product Identification: The Facebook Website and its associated platform and functionalities. (Compl. ¶16).
  • Functionality and Market Context:
    • The complaint identifies the accused instrumentality as the social media website where users can create profiles, post content, and interact. (Compl. ¶5). The core accused functionalities include the "About" page (alleged to be a biography application), the "Timeline" and "Newsfeed" (alleged to be content-distributing applications), and the user-configurable "Settings," "Privacy," and "Timeline and Tagging" portals (alleged to be the business rules). (Compl. ¶26, ¶33, ¶44, ¶52, ¶54).
    • The complaint alleges that users provide input characteristics (text, graphics, etc.) which are used to generate these applications. (Compl. ¶23, ¶29). It further alleges that the system uses links to direct users to this content and that the settings portals allow users to control who can view their content and who can post content to their pages. (Compl. ¶31-33, ¶49-55).
    • The complaint alleges that Facebook derives revenue from the use of the Facebook Website. (Compl. ¶17).
    • No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

  • ’134 Patent Infringement Allegations
Claim Element (from Independent Claim 29) Alleged Infringing Functionality Complaint Citation Patent Citation
an interface subsystem, including at least one portal configured to capture a plurality of input characteristics from users of the system, the input characteristics including at least one of text, graphics... The Facebook Website, including a user's "Home" page, acts as a portal to capture inputs like text, graphics, and other media content from users. ¶23-24 col. 9:8-15
a content subsystem, including a network interface, a plurality of configurable applications... the configurable applications including at least a biography application... and a second application distributing content... The Facebook Website includes an "About" application (the biography application) and "Timeline" and/or "Newsfeed" applications (the second, content-distributing applications). ¶25-26 col. 12:54-61
wherein said system provides for selectively generating one or more said configurable applications from said plurality of input characteristics Facebook's "About," "Timeline," and "Newsfeed" applications are generated from the various input characteristics provided by users. ¶28-29 col. 9:16-24
wherein said system provides for automatically embedding one or more said configurable links... based at least in part on a profile attributed to a current user... and at least one business rule... to determine what content can be viewed. Facebook automatically embeds links to applications (e.g., photos, posts) and uses a user's profile along with a configurable "business rule" (the "Settings" / "Privacy" portal) to control visibility. ¶30-33 col. 9:40-49

  • Identified Points of Contention:

    • Scope Question: A central question will be whether the patent's term "biography application", described in the context of an organizational or enterprise system, can be construed to read on a user's "About" page on a social media platform.
    • Technical Question: It will be a matter of dispute whether Facebook's user-facing "Privacy" settings function as the claimed "business rule that utilizes profiles to determine what content can be viewed", or if there is a technical or definitional mismatch between a user preference and a system "business rule."

  • ’720 Patent Infringement Allegations

Claim Element (from Independent Claim 11) Alleged Infringing Functionality Complaint Citation Patent Citation
a plurality of configurable applications that are managed by the computer, including at least a first configurable application and a second configurable application... The Facebook Website provides the "About," "Timeline," and "Newsfeed" applications, which are managed by a computer and display various forms of media content. ¶43-44 col. 7:20-29
wherein the first configurable application is a biography application that displays biographical information about the administrator of the collection of web pages The "About" application is alleged to be the claimed biography application, displaying information about the user (alleged to be the "administrator"). ¶45-46 col. 12:54-58
wherein the second configurable application is generated by the computer at least in part based on content received from the administrator and... from one or more of the other users... The "Timeline" and "Newsfeed" applications are generated from content posted by the page owner ("administrator") as well as content from other users (e.g., posts by friends). ¶47-48 col. 7:20-24
at least one application link on at least one of the web pages that points to at least one of the plurality of configurable applications... The Facebook Website includes links that point to and allow users to activate the "About," "Timeline," and "Newsfeed" applications. ¶49-50 col. 5:42-47
a first business rule that is configurable by the administrator... to determine which content of the second configurable application is viewable by which of the other users... The "Settings" / "Privacy" portal is the alleged first business rule, allowing a user ("administrator") to control who can view content on their Timeline or Newsfeed. ¶51-52 col. 8:19-24
a second business rule that is configurable by the administrator... to determine which of the other users of the system are permitted to provide content to the second... application. The "Settings" / "Timeline and Tagging" and "Newsfeed" / "Edit Preferences" portals are the alleged second business rule, allowing a user to control who can post content. ¶53-55 col. 8:19-38
  • Identified Points of Contention:
    • Scope Question: The definition of "administrator of the collection of web pages" will be a critical issue. The case may turn on whether a standard Facebook user managing their own profile qualifies as an "administrator" in the context of the patent, or if the term implies a more formal, system-wide role.
    • Technical Question: The complaint alleges that different settings portals fulfill the roles of the "first business rule" (viewing) and "second business rule" (contribution). A potential point of contention is whether these functionalities are as technically distinct in the accused product as they are recited in the claim.

V. Key Claim Terms for Construction

  • The Term: "administrator" ('720 Patent, Claim 11)

    • Context and Importance: This term is foundational to claim 11 of the '720 Patent, which requires two distinct business rules to be "configurable by the administrator." The infringement theory equates a standard Facebook user with this term. Practitioners may focus on this term because its construction will determine whether the patent's framework applies to a peer-to-peer social network or is limited to a more hierarchical, enterprise-style system.
    • Evidence for a Broader Interpretation: The patent states that administrators are responsible for "creating, updating, deleting, and scheduling the business rules," a function the complaint alleges is performed by users via settings portals. ('134 Patent, col. 4:57-60).
    • Evidence for a Narrower Interpretation: The patent consistently distinguishes between "users 50" and "administrators," depicting the administrator role as having access to a separate "administrator console 60" or "administrator-view 23" for managing the system, suggesting a higher level of privilege than a typical end-user. ('134 Patent, col. 7:5-11; Fig. 2).

  • The Term: "business rule" ('134 Patent, Claim 29; '720 Patent, Claim 11)

    • Context and Importance: The infringement allegations for both patents depend on mapping this term to Facebook's user-controlled privacy and content settings. The dispute will likely center on whether a user's personal preference setting constitutes a "business rule."
    • Evidence for a Broader Interpretation: The specification provides a broad definition: "any rule incorporated into the system... that controls how the system... functions." It further notes that such rules can be "user-based." ('134 Patent, col. 8:19-33).
    • Evidence for a Narrower Interpretation: The context surrounding the term frequently refers to an organizational hierarchy (e.g., "ASP-based," "organization-based," "group-based" rules), which may suggest the term was intended to mean a top-down rule governing an entity's operations, not an individual's personal setting. ('134 Patent, col. 8:25-33).

VI. Other Allegations

  • Willful Infringement: The complaint does not contain an explicit count for willful infringement, but it lays a foundation for such a claim. It alleges that Defendant had at least constructive notice of the patents-in-suit based on the patent marking statute, citing Plaintiff's licensee's marking of its website with the patent numbers since their respective issue dates. (Compl. ¶15, ¶18). It further alleges actual notice as of the date of service of the complaint. (Compl. ¶19). The prayer for relief seeks enhanced damages and attorneys' fees, which are remedies associated with findings of willful infringement or exceptional cases. (Compl. p. 14, ¶D).

VII. Analyst’s Conclusion: Key Questions for the Case

  • A core issue will be one of definitional scope: can terms rooted in the patent's apparent context of enterprise software, such as "administrator" and "business rule", be construed to cover the individual, user-centric functions of a mass-market social media platform, such as a user's personal profile and privacy settings?
  • A key evidentiary question will be one of functional mapping: does the Facebook Website's integrated architecture perform the specific and distinct functions recited in the claims—particularly the separation between a "first business rule" (for controlling viewing) and a "second business rule" (for controlling contribution) as required by claim 11 of the ’720 patent?
  • A central conceptual question will be the applicability of the patented invention: does a system conceived for the "automated management of content" by non-technical personnel of an organization apply to a social media environment where millions of individual users manage their own personal content for social, rather than organizational, purposes?