DCT
1:24-cv-01212
Virtual Creative Artists LLC v. Airbnb Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Virtual Creative Artists, LLC (Delaware)
- Defendant: Airbnb, Inc. (Delaware)
- Plaintiff’s Counsel: Loaknauth Law, P.C.
- Case Identification: 1:24-cv-01212, S.D.N.Y., 02/17/2024
- Venue Allegations: Plaintiff alleges venue is proper in the Southern District of New York based on Defendant maintaining a place of business in the district.
- Core Dispute: Plaintiff alleges that Defendant’s online marketplace for lodging infringes patents related to a system and process for an electronic multi-media exchange where users submit content that is filtered, aggregated, and presented to other users.
- Technical Context: The technology concerns online platforms for user-generated content, specifically systems that manage submissions, filter them based on user attributes, and enable community feedback through ratings.
- Key Procedural History: The complaint notes that arguments made in the present complaint regarding the claims' specificity overcame a patent eligibility rejection under 35 U.S.C. §101 during the prosecution of both asserted patents.
Case Timeline
| Date | Event |
|---|---|
| 1999-05-05 | Priority Date for ’480 and ’665 Patents |
| 2012-11-16 | Application Date for ’665 Patent |
| 2016-09-01 | Earliest reference to accused functionality (user profile creation date) |
| 2016-10-25 | ’665 Patent Issued |
| 2016-11-22 | ’480 Patent Issued |
| 2024-02-17 | Complaint Filing Date |
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," Issued Nov. 22, 2016
The Invention Explained
- Problem Addressed: At the time of the invention, there was a need for a computer system to allow remote contributors of electronic content to share and collaborate, predating modern crowdsourcing platforms (Compl. ¶11). The patent’s background section describes the challenge media companies faced in sorting and managing a high volume of artistic submissions like scripts and songs from the public (’665 Patent, col. 2:48-56).
- The Patented Solution: The invention proposes an electronic exchange structured as a collection of specialized, operatively coupled "subsystems" (Compl. ¶11-13). A submissions subsystem receives and stores user-generated content; a creator subsystem selects and retrieves submissions using a filter based on user attributes; a release subsystem makes the resulting multimedia content available for viewing; and a voting subsystem enables users to rate the content (Compl. ¶14-18; ’665 Patent, col. 4:3-16).
- Technical Importance: The system aimed to provide a structured, networked clearinghouse for artistic and media content, streamlining the process of submission, review, and compensation for creators (Compl. ¶11; ’665 Patent, col. 2:64-67).
Key Claims at a Glance
- The complaint asserts independent claim 1 (Compl. ¶22).
- Claim 1, as described in the complaint, recites a computer-based system comprising four essential subsystems:
- An electronic media submissions server subsystem configured to receive and store electronic media submissions from a plurality of submitters over a public network.
- 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.
- An electronic release subsystem, operatively coupled to the creator subsystem, configured to make the multimedia content electronically available for viewing.
- An electronic voting subsystem configured to enable a user to electronically vote for or rate the available 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," Issued Oct. 25, 2016
The Invention Explained
- Problem Addressed: The ’665 Patent shares an identical specification with the ’480 Patent and addresses the same technical problems described above (Compl. ¶36).
- The Patented Solution: The ’665 Patent claims an electronic method for generating multimedia content rather than the system itself. The claimed process involves electronically retrieving submissions using a filter, generating a multimedia file from those submissions while maintaining submitter identification, transmitting the file to webservers for viewing, and providing a graphical user interface for users to vote or rate the content (Compl. ¶36-37; ’665 Patent, col. 42:26-56).
- Technical Importance: This method provided a technical process for transforming individual user submissions into aggregated, distributable multimedia content in a networked environment (Compl. ¶36-37).
Key Claims at a Glance
- The complaint asserts independent claim 1 (Compl. ¶44).
- Claim 1, as described in the complaint, recites an electronic method comprising the steps of:
- 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 accordance with a selected digital format, wherein submitter identification is maintained.
- Electronically transmitting the multimedia file to a plurality of publicly accessible webservers to be available for viewing over a public network.
- 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.
III. The Accused Instrumentality
- Product Identification: The Airbnb online platform, including its associated websites, applications, and backend server infrastructure (Compl. ¶22, 44).
- Functionality and Market Context:
- The complaint describes the accused instrumentality as a computer-based system that enables users ("submitters" or "Hosts") to create personalized Host Profiles and share multimedia content related to property listings (Compl. ¶22, 45). This content includes images, textual descriptions, pricing, location, amenities, and host profile information (Compl. ¶22, 25).
- Other users can search for and view these listings, with the platform providing filtering tools based on user attributes such as price, location, number of guests, and amenities (Compl. ¶26, 32). A screenshot of the Airbnb interface shows filtering options for amenities, facilities, and house rules (Compl. p. 33). The platform also allows guests to rate and review listings using a star-based system (Compl. ¶29).
IV. Analysis of Infringement Allegations
’480 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| an electronic media submissions server subsystem ... configured to receive electronic media submissions from a plurality of submitters | Airbnb's system allows hosts to create profiles and listings by uploading multimedia content (photos, text) via a web-based interface over the Internet. A screenshot shows the interface for creating a new listing (Compl. p. 14). | ¶23 | col. 7:35-44 |
| an electronic multimedia creator server subsystem ... configured to select and retrieve a plurality of electronic media submissions ... using an electronic content filter ... based at least in part on ... user attributes | Airbnb employs a filter that allows users to search for and retrieve listings based on user-defined attributes like price, location, number of guests, and amenities, which in turn affects which listings appear to the user. | ¶26 | col. 8:45-54 |
| an electronic release subsystem ... configured to make the multimedia content electronically available for viewing on one or more user devices | Airbnb’s system serves the multimedia content associated with host listings to user devices (e.g., computers or mobile devices with web browsers or apps) for viewing. | ¶28 | col. 4:41-46 |
| an electronic voting subsystem ... configured to enable a user to electronic vote for or electronically rate an electronically available multimedia content | Airbnb's platform includes a rating system where users can provide star ratings and written reviews for listings they have stayed at. A screenshot shows a listing's review section with an overall star rating and individual reviews (Compl. p. 41). | ¶29 | col. 8:3-16 |
- Identified Points of Contention:
- Scope Questions: A central question may be whether Airbnb's distributed, cloud-based architecture, which performs various functions, constitutes the distinct, "operatively coupled" subsystems as claimed in the patent. The defense may argue that functions like content submission, filtering, and display are integrated features of a monolithic platform, not discrete "subsystems" as described in the patent’s architecture (e.g., ’665 Patent, Fig. 2).
- Technical Questions: The analysis may focus on whether the term "subsystem" requires a specific physical or logical structure that is absent in the accused instrumentality. The complaint alleges Airbnb uses "separate server subsystems for all its meaningfully different functions," which suggests a focus on functional rather than structural separation (Compl. ¶22).
’665 Patent 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 using an electronic content filter | The Airbnb system retrieves listing data from its databases using filters based on user attributes (e.g., price, location, amenities) to display relevant listings to users. A screenshot shows a user applying filters for "Room type," "Price range," and other options (Compl. p. 34). | ¶46, 49 | col. 44:4-10 |
| electronically generating a multimedia file from the retrieved electronic media submissions ... wherein the identification of the submitter is maintained | Airbnb's system generates web pages or data files for display that combine retrieved content (photos, text) from host submissions into a cohesive listing view, which includes the host's name and profile picture. A screenshot shows a listing page displaying photos and host information (Compl. p. 25). | ¶49 | col. 42:37-43 |
| electronically transmitting the multimedia file to a plurality of publicly accessible webservers to be electronically available for viewing on one or more user devices | Airbnb uses a geographically distributed network of servers (e.g., cloud providers and data centers) to transmit listing content to users' devices (computers, smartphones) over the Internet for viewing. | ¶50 | col. 42:44-49 |
| providing a web-based graphical user interface that enables a user to electronically transmit data indicating a vote or rating | The Airbnb platform provides an interface where users can submit reviews, including star ratings, for listings. | ¶51 | col. 42:50-56 |
- Identified Points of Contention:
- Scope Questions: The analysis may question whether dynamically generating a webpage for a user from database entries constitutes "electronically generating a multimedia file from the retrieved electronic media submissions" as required by the claim. The defense could argue this claim language implies the creation of a new, distinct, and persistent file (e.g., a video or compiled document), rather than the on-the-fly assembly of a webpage.
- Technical Questions: What evidence does the complaint provide that a new "multimedia file" is generated, as opposed to simply querying a database and rendering the results in a user's browser? The complaint's theory appears to equate the resulting webpage with the claimed "multimedia file" (Compl. ¶49-50).
V. Key Claim Terms for Construction
The Term: "subsystem" (’480 Patent, claim 1)
Context and Importance: This term is the foundational structural element of claim 1 of the ’480 Patent. The infringement analysis depends on whether Airbnb's platform is comprised of these specific, discrete-yet-coupled "subsystems." Practitioners may focus on this term because its construction will determine whether a modern, integrated web architecture can be mapped onto the patent's more modular-seeming disclosure.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes the subsystems functionally (e.g., a "billing processor" 225, "payment processor" 230) without strictly limiting them to a single physical apparatus, which may support an interpretation where any server or group of servers performing the claimed function qualifies as a "subsystem" (’665 Patent, col. 5:56-61).
- Evidence for a Narrower Interpretation: Figure 2 of the patent depicts the system architecture with distinct boxes for different database and processor components (e.g., "Submitter/Member Database" 255, "Creator Database" 260), suggesting a more partitioned and structurally defined architecture than a modern, horizontally-scaled cloud service might employ (’665 Patent, Fig. 2).
The Term: "electronic content filter" (’480 Patent, claim 1; ’665 Patent, claim 1)
Context and Importance: This term is critical to the infringement theory for both patents, as it is the mechanism for selecting and retrieving user submissions. Its definition will be central to determining whether standard search functionality on a modern website meets this limitation.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes the search process using common methods like "keyword, boolean, string, etc." which could support a broad construction that covers any standard search filter on a website (’665 Patent, col. 25:1-4).
- Evidence for a Narrower Interpretation: The patent also describes a "pre-selected search" process where the "creator and/or third party end user" provides criteria for the filter beforehand to automatically direct incoming content, which could support a narrower construction requiring a more specific, pre-configured routing mechanism rather than a simple user-facing search tool (’665 Patent, col. 24:55-62).
VI. Other Allegations
The complaint does not provide sufficient detail for analysis of indirect or willful infringement.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "subsystem," as disclosed in a patent from the late 1990s describing a modular architecture, be construed to read on the integrated, distributed functions of a modern cloud-based web platform like Airbnb?
- A second primary question will be one of technical operation: does Airbnb's system "generate a multimedia file" from user submissions in the manner required by the ’665 patent, or does it perform a fundamentally different technical process of dynamically querying a database and rendering results without creating a new, distinct file?
- A key evidentiary question will be one of functional specificity: does the accused "electronic content filter"—Airbnb's user-facing search options—perform the specific function claimed, or does the patent's disclosure require a more specialized, automated content-routing mechanism that is absent in the accused system?