DCT
1:24-cv-05632
Virtual Creative Artists LLC v. Younow Media LLC
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Virtual Creative Artists, LLC (Delaware)
- Defendant: YouNow Media, LLC (Delaware)
- Plaintiff’s Counsel: LOAKNAUTH LAW, P.C.; Direction IP Law
- Case Identification: 1:24-cv-05632, S.D.N.Y., 07/25/2024
- Venue Allegations: Plaintiff alleges venue is proper in the Southern District of New York because Defendant maintains a principal place of business in the district and has allegedly committed acts of infringement there.
- Core Dispute: Plaintiff alleges that Defendant’s live streaming platform infringes patents related to systems and methods for creating, distributing, and rating user-submitted multimedia content.
- Technical Context: The technology pertains to online platforms for user-generated content, a foundational element of the modern social media and creator economy.
- Key Procedural History: The complaint notes that the asserted claims in both patents-in-suit overcame patent eligibility rejections under 35 U.S.C. §101 during their respective prosecutions before the U.S. Patent and Trademark Office, suggesting that patent eligibility may be a central issue in the litigation.
Case Timeline
| Date | Event |
|---|---|
| 1999-05-05 | Earliest Priority Date for ’480 and ’665 Patents |
| 2016-10-25 | U.S. Patent No. 9,477,665 Issues |
| 2016-11-22 | U.S. Patent No. 9,501,480 Issues |
| 2024-07-25 | 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"
- Patent Identification: U.S. Patent No. 9,501,480, titled "Revenue-Generating Electronic Multi-Media Exchange and Process of Operating Same," issued November 22, 2016.
The Invention Explained
- Problem Addressed: The patent describes a logistical challenge for media companies "who are bombarded with scripts, songs and other artistic submissions which must then be sorted through" to find suitable content, a process requiring "an enormous amount of time and energy" (’665 Patent, col. 2:50-56). The complaint frames this as an "Internet-centric problem" from the pre-crowdsourcing era of how to allow remote contributors to collaborate on and develop new media content (Compl. ¶11).
- The Patented Solution: The invention proposes a networked "electronic multi-media exchange" to manage the lifecycle of user-submitted content (’665 Patent, col. 3:20-24). The system is comprised of several distinct server subsystems: a submissions subsystem to receive content, a multimedia creator subsystem to select and retrieve content using filters, an electronic release subsystem to make content available to viewers, and a voting subsystem to enable users to rate the content (Compl. ¶12-18). This creates a structured, server-managed marketplace for creative works.
- Technical Importance: The claimed invention offered a computer-implemented framework for managing and monetizing user-generated content before the widespread adoption of modern crowdsourcing and social media platforms (Compl. ¶11).
Key Claims at a Glance
- The complaint asserts infringement of independent claim 1 (Compl. ¶22).
- Essential elements of claim 1 include:
- An electronic media submissions server subsystem with an interface to receive and store submissions from users 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 available for viewing on user devices.
- An electronic voting subsystem configured to enable a user to electronically vote for or rate the available multimedia content.
U.S. Patent No. 9,477,665 - "Revenue-Generating Electronic Multi-Media Exchange and Process of Operating Same"
- Patent Identification: U.S. Patent No. 9,477,665, titled "Revenue-Generating Electronic Multi-Media Exchange and Process of Operating Same," issued October 25, 2016.
The Invention Explained
- Problem Addressed: The ’665 Patent shares an identical specification with the ’480 Patent and addresses the same problem of creating a structured system to manage and utilize creative submissions from a large pool of end users (’665 Patent, col. 2:50-56; Compl. ¶36).
- 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 server-based filter, generating a multimedia file from those submissions while maintaining submitter identification, transmitting that file to webservers for viewing, and providing a web-based graphical user interface (GUI) for users to vote on or rate the content (Compl. ¶37; ’665 Patent, Claim 1).
- Technical Importance: The patent defined a specific, computer-implemented process for managing a user-generated content ecosystem, from submission filtering to distribution and audience feedback (Compl. ¶37).
Key Claims at a Glance
- The complaint asserts infringement of independent claim 1 (Compl. ¶44).
- Essential elements of claim 1 include:
- 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, maintaining the submitter's identification.
- Electronically transmitting the multimedia file to a plurality of publicly accessible webservers for viewing on user devices.
- Providing a web-based graphical user interface that enables a user to transmit data indicating a vote or rating for the content.
III. The Accused Instrumentality
Product Identification
- The accused instrumentality is the YouNow computer-based system, a live streaming video chat platform available at https://www.younow.com/ (Compl. ¶22, ¶44).
Functionality and Market Context
- The YouNow platform enables users, referred to as "submitters" in the complaint, to create personalized profiles and share multimedia content, such as live video broadcasts and text (Compl. ¶22, ¶45). This user-submitted content can be displayed to other users on various feeds, such as a "Trending Feed" or a "Community Feed," or in search results (Compl. ¶22). A screenshot provided in the complaint shows a user login portal, which the complaint identifies as the "submissions electronic interface" for receiving media from users over the internet (Compl. p. 14). The complaint alleges that the platform operates using "separate server subsystems for all its meaningfully different functions," including content management, web hosting, and data centers (Compl. ¶22).
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... | YouNow provides a web-based portal where users can sign up and upload or broadcast content, such as live video and text for their profiles and feeds (Compl. p. 14). | ¶23 | col. 8:36-44 |
| 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... one or more user attributes... | YouNow's system selects and retrieves user profiles and broadcasts for display using filters based on user attributes, such as hashtags (e.g., #girls, #lgbt) and other user interests (Compl. p. 30). |
¶26 | col. 24:47-54 |
| an electronic release subsystem... configured to make the multimedia content electronically available for viewing on one of more user devices. | YouNow serves user profiles and live broadcast content for viewing on user devices, such as computers and smartphones, through its app and web browser interface (Compl. p. 34). | ¶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... | YouNow provides features for users to vote or rate content, such as by selecting a "Thumbs Up Icon" or becoming a "fan" of a creator, which is tracked by the system (Compl. p. 40). | ¶29 | col. 12:5-9 |
Identified Points of Contention
- Scope Questions: A central question may be whether YouNow's integrated, cloud-based architecture can be mapped onto the patent's more discretely defined "subsystems." The defense could argue that its platform is a monolithic service, not a collection of operatively coupled but distinct subsystems as claimed.
- Technical Questions: The analysis may turn on whether YouNow's user engagement features, such as "likes" or "fans," perform the specific function of the claimed "electronic voting subsystem." The complaint alleges this functionality is for rating (Compl. ¶29), while the patent specification discusses voting in the context of ranking content to determine monetary or other awards (’665 Patent, col. 12:5-15), raising the question of whether the functions are equivalent.
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 using an electronic content filter... based... on... user attributes | YouNow's system retrieves user content from its databases using a filter based on user attributes such as interests or hashtags (e.g., #musicians) to populate user feeds (Compl. p. 57). |
¶46, ¶51 | col. 24:47-54 |
| electronically generating a multimedia file from the retrieved electronic media submissions... wherein the identification of the submitter is maintained with each retrieved submission... | The YouNow platform generates multimedia files for display on user devices (e.g., live streams, profile pages) that maintain the submitter's identity via their name and profile picture (Compl. p. 71). | ¶49 | col. 12:42-46 |
| electronically transmitting the multimedia file to a plurality of publicly accessible webservers to be electronically available for viewing on one or more user devices over a public network... | YouNow transmits multimedia files associated with user profiles and posts to geographically distributed webservers to make them available for viewing on user devices over the Internet (Compl. p. 74). | ¶50 | col. 6:35-43 |
| 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... | YouNow's platform provides a GUI with a "Thumbs Up Icon" that enables users to transmit data indicating a vote or rating for other users' profiles and content (Compl. p. 80). | ¶51 | col. 12:5-9 |
Identified Points of Contention
- Scope Questions: A point of contention may be the meaning of "generating a multimedia file." Defendant may argue that a transient live stream is not a "generated multimedia file" in the sense contemplated by the patent, which was filed before live streaming became widespread.
- Technical Questions: The complaint alleges the use of a "filter" based on user attributes like hashtags (Compl. ¶51). The analysis will question whether YouNow’s algorithmic content curation for its feeds is equivalent to the "electronic content filter" described in the patent, which the specification links to creator-initiated searches based on keywords, boolean logic, or other criteria (’665 Patent, col. 24:60-67).
V. Key Claim Terms for Construction
The Term: "subsystem" (asserted in Claim 1 of the ’480 Patent)
Context and Importance: This term is foundational to the structure of the system claim in the ’480 Patent. The infringement theory depends on mapping YouNow's architecture onto a collection of distinct "subsystems." Practitioners may focus on this term because its construction will determine whether a modern, integrated cloud service can be said to contain the specific, modular architecture claimed in the patent.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes the subsystems based on their function (e.g., a "submitter/member database," a "creator database," a "submission database") without explicitly requiring them to be on separate physical servers, which may support a functional rather than strictly structural definition (’665 Patent, Fig. 2; col. 7:36-54).
- Evidence for a Narrower Interpretation: The complaint itself argues that the claimed invention consists of an "unconventional and particularly configured combination of 'subsystems'" (Compl. ¶11). Patent figures depict the subsystems as discrete blocks, which could be interpreted to require some degree of structural or logical separation beyond what exists in a highly integrated platform (’665 Patent, Fig. 2).
The Term: "electronic content filter" (asserted in Claim 1 of the ’480 and ’665 Patents)
Context and Importance: This term defines the mechanism by which user-submitted content is selected for inclusion in the generated multimedia content. Its construction is critical for determining whether YouNow's algorithmic feed curation infringes.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: Claim 1 of the ’665 Patent requires the filter to be "based at least in part on at least one of the one or more user attributes," which is broad language that could encompass almost any form of content personalization or algorithmic sorting based on user data.
- Evidence for a Narrower Interpretation: The detailed description explains the filtering process in the context of a "creator or 3rd party" actively conducting a "pre-selected search" or an "open search" using criteria like keywords, boolean operators, or strings (’665 Patent, col. 24:47-67; col. 25:36-41). This may support a narrower construction requiring a more direct, user-initiated search function rather than a passive, automated content feed algorithm.
VI. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of architectural equivalence: does the Defendant's modern, cloud-based service architecture, as alleged, embody the distinct "submission," "creator," "release," and "voting" "subsystems" required by the system claims of the '480 patent, or is there a fundamental mismatch with the patent's disclosure?
- A key question of functional scope will be whether YouNow's features for user engagement, such as "likes" and "fans," perform the specific functions of the claimed "electronic voting subsystem," which the patent describes in a context of formal rating, ranking, and determining awards for submitted content.
- Given the patents' 1999 priority date and the complaint's explicit reference to overcoming eligibility rejections during prosecution, a threshold question will be patent eligibility: does Claim 1 of each patent, which recites a system and method for organizing and managing media submissions, represent a patent-eligible improvement to computer functionality or an abstract idea implemented on a generic computer?