DCT

2:22-cv-01394

Onstream Media Corp v. Chorus Call Inc

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:22-cv-01394, W.D. Pa., 10/03/2022
  • Venue Allegations: Venue is alleged to be proper because Defendant is a Pennsylvania corporation and therefore resides in the judicial district.
  • Core Dispute: Plaintiff alleges that Defendant’s webcasting and video conferencing products and services infringe eight U.S. patents related to browser-based, remotely accessed audio and video recording systems.
  • Technical Context: The technology pertains to web-based media streaming and recording systems that offload processing and storage from the user's device to a remote server, a foundational concept in modern cloud-based communication services.
  • Key Procedural History: The complaint notes that all eight patents-in-suit descend from the same original application and share a common specification, suggesting the core technological disclosure is consistent across the entire portfolio.

Case Timeline

Date Event
2004-03-24 Earliest Patent Priority Date
2015-10-13 U.S. Patent No. 9,161,068 Issues
2016-10-11 U.S. Patent No. 9,467,728 Issues
2018-07-31 U.S. Patent No. 10,038,930 Issues
2019-02-05 U.S. Patent No. 10,200,648 Issues
2020-06-02 U.S. Patent No. 10,674,109 Issues
2020-06-23 U.S. Patent No. 10,694,142 Issues
2020-11-24 U.S. Patent No. 10,848,707 Issues
2021-09-21 U.S. Patent No. 11,128,833 Issues
2022-10-03 Complaint Filing Date

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

U.S. Patent No. 9,161,068 - “Remotely Accessed Virtual Recording Room”

  • Issued: October 13, 2015

The Invention Explained

  • Problem Addressed: The patent describes a technical environment where online communication systems were becoming increasingly complex and resource-intensive, creating a barrier for new users who lacked powerful computers or specialized technical knowledge (Compl. ¶¶21-22; ’068 Patent, col. 1:31-44).
  • The Patented Solution: The invention proposes an Internet-based system where a user can record audio and video through a standard web browser without installing any specialized recording software. The actual processing and storage of the media occur on a remote "host back end," while the user interacts with a "virtual recording room" on their "user front end" device (Compl. ¶24; ’068 Patent, col. 2:10-33). This architecture shifts the technical burden from the user's computer to the host's servers.
  • Technical Importance: This server-side recording model simplified the user experience for creating and sharing media online, lowering the barrier to entry for participation in activities like web-based presentations or online auctions (Compl. ¶24).

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 (Compl. ¶68).
  • The essential elements of the asserted method claim appear to involve:
    • Recording audio and video material over a browser connection between a user front end and a host back end.
    • Initiating the stream via a browser-executable code.
    • Capturing the material without using recording software installed on the user front end.
    • Transmitting a stream of the material to the host's servers as it is being captured.
    • Making and storing the recording as a complete file on the host back end.
    • Providing subsequent access to the entire recording.
  • The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 9,467,728 - “Remotely Accessed Virtual Recording Room”

  • Issued: October 11, 2016

The Invention Explained

  • Problem Addressed: The complaint states that the specification of the ’728 patent is the same as that of the ’068 patent and solves the same technical problems (Compl. ¶30).
  • The Patented Solution: The patented solution is identical to that described for the ’068 Patent (Compl. ¶30).
  • Technical Importance: The technical importance is identical to that described for the ’068 Patent (Compl. ¶30).

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 (Compl. ¶84).
  • The essential elements of the asserted system claim appear to involve:
    • A backend server that transmits a platform-independent web application to a client device.
    • The application initiates streaming of media from the client device to the server.
    • The server records and stores the media as a complete file.
    • The server generates codes (e.g., URLs) associated with the stored media.
    • The system enables copying and pasting of these codes to provide access to the recording from additional locations.
  • The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 10,038,930 - “Remotely Accessed Virtual Recording Room”

  • Issued: July 31, 2018 (Compl. ¶31)
  • Technology Synopsis: The patent addresses the problem of increasingly complex and resource-intensive online communication systems by providing a browser-based method for remotely recording and storing audio/video material on a host server, thereby reducing the technical requirements on the user's device (Compl. ¶36).
  • Asserted Claims: At least independent claim 1 (Compl. ¶94).
  • Accused Features: The complaint alleges that Defendant's method of transmitting a browser-independent recording application from its servers to user devices infringes this patent (Compl. ¶95).

U.S. Patent No. 10,200,648 - “Remotely Accessed Virtual Recording Room”

  • Issued: February 5, 2019 (Compl. ¶37)
  • Technology Synopsis: The patent addresses the problem of increasingly complex and resource-intensive online communication systems by providing a browser-based method for remotely recording and storing audio/video material on a host server, thereby reducing the technical requirements on the user's device (Compl. ¶42).
  • Asserted Claims: At least independent claim 1 (Compl. ¶103).
  • Accused Features: The complaint alleges that Defendant's Internet-based recording method, which operates over a browser connection without requiring recording functionality on the user's device, infringes this patent (Compl. ¶¶104-105).

U.S. Patent No. 10,674,109 - “Remotely Accessed Virtual Recording Room”

  • Issued: June 2, 2020 (Compl. ¶43)
  • Technology Synopsis: The patent addresses the problem of increasingly complex and resource-intensive online communication systems by providing a browser-based method for remotely recording and storing audio/video material on a host server, thereby reducing the technical requirements on the user's device (Compl. ¶48).
  • Asserted Claims: At least independent claim 1 (Compl. ¶112).
  • Accused Features: The complaint alleges infringement based on Defendant's method of transmitting a browser-independent application from a server to a client device, where the application captures a media stream that is recorded on the server (Compl. ¶¶113, 116-117).

U.S. Patent No. 10,694,142 - “Remotely Accessed Virtual Recording Room”

  • Issued: June 23, 2020 (Compl. ¶49)
  • Technology Synopsis: The patent addresses the problem of increasingly complex and resource-intensive online communication systems by providing a browser-based method for remotely recording and storing audio/video material on a host server, thereby reducing the technical requirements on the user's device (Compl. ¶54).
  • Asserted Claims: At least independent claim 1 (Compl. ¶122).
  • Accused Features: The complaint alleges infringement based on Defendant's method where a server delivers a code to a user's device to initiate streaming of captured media to the server for recording, with the code not being installed on the user's device (Compl. ¶¶125-126).

U.S. Patent No. 10,848,707 - “Remotely Accessed Virtual Recording Room”

  • Issued: November 24, 2020 (Compl. ¶55)
  • Technology Synopsis: The patent addresses the problem of increasingly complex and resource-intensive online communication systems by providing a browser-based method for remotely recording and storing audio/video material on a host server, thereby reducing the technical requirements on the user's device (Compl. ¶60).
  • Asserted Claims: At least independent claim 1 (Compl. ¶133).
  • Accused Features: The complaint alleges infringement based on Defendant's method of receiving and remotely recording streamed digital media at its host back-end servers, where the stream originates from a user's device without requiring installed recording software on that device (Compl. ¶¶134-136).

U.S. Patent No. 11,128,833 - “Remotely Accessed Virtual Recording Room”

  • Issued: September 21, 2021 (Compl. ¶61)
  • Technology Synopsis: The patent addresses the problem of increasingly complex and resource-intensive online communication systems by providing a browser-based method for remotely recording and storing audio/video material on a host server, thereby reducing the technical requirements on the user's device (Compl. ¶66).
  • Asserted Claims: At least claim 1 (Compl. ¶143).
  • Accused Features: The complaint alleges infringement based on Defendant's network-based recording and delivery method where recording is accomplished via executable code delivered to the user front end from the host back end, without using software installed on the user's device (Compl. ¶¶145-146).

III. The Accused Instrumentality

Product Identification

  • The accused instrumentalities are collectively referred to as the "Chorus Call Video Products and Services" and the "Chorus Call System" (Compl. ¶¶9, 11). Specific examples cited include the Chorus Call Media Frame Platform, C-Meeting, Concert Call, and various webcasting and web phone services (Compl. ¶9).

Functionality and Market Context

  • The accused services provide professional webcasting, video conferencing, and collaboration tools accessible through a standard internet browser on desktop and mobile devices (Compl. ¶¶70, 74). A key functionality highlighted in the complaint is that the services are "web-based" and do not require users to download or install specialized software, instead relying on technologies like HTML5 and WebRTC (Compl. ¶77, p. 25). The complaint alleges these services are provided to large and small clients globally, including enterprises, media companies, and educational institutions, reaching "hundreds of millions of viewers" (Compl. ¶¶7-8). A screenshot provided in the complaint shows the system performing a "Camera Capability Checking" process directly within the browser, which supports the allegation that the system operates without requiring a separate software installation (Compl. p. 24).

IV. Analysis of Infringement Allegations

U.S. Patent No. 9,161,068 Infringement Allegations

Claim Element (from Independent Claim 1, inferred) Alleged Infringing Functionality Complaint Citation Patent Citation
A method that records audio and video material over an Internet browser connection established between a user front end and a host back end The Chorus Call System allegedly employs a method to record audio and video material over an internet connection between a user's device and Chorus Call's servers (Compl. ¶69). ¶69 col. 2:10-14
delivering a browser executable-code that initiates the audio and video stream to be recorded When a user begins streaming, Chorus Call's servers allegedly deliver an executable code that a browser can execute to initiate the stream (Compl. ¶¶71-73). ¶73 col. 2:30-33
wherein audio and video material is captured without using any recording software installed on the user front end The system allegedly captures audio and video without requiring any recording software to be installed on the user's device, as stated in marketing materials that claim "no download" is necessary (Compl. ¶77, p. 25). ¶77 col. 2:30-33
transmitting a stream of audio and video material to the servers of the host back end as the material is being captured The system allegedly transmits a stream of audio and video, rather than a complete file, from the user's device to Chorus Call's servers during capture (Compl. ¶78). ¶78 col. 2:20-23
wherein the audio and video recordings are made and stored on the host back end as a complete file The audio and video material is allegedly recorded and stored as a complete file on Chorus Call's servers, which can later be viewed or downloaded as an MP4 file (Compl. ¶79, p. 29). ¶79 col. 2:23-25
provides access to the entire audio and video recording After recording is complete, Chorus Call allegedly provides users access to the entire audio and video recording for playback or download (Compl. ¶80, p. 30). ¶80 col. 2:59-62

U.S. Patent No. 9,467,728 Infringement Allegations

Claim Element (from Independent Claim 1, inferred) Alleged Infringing Functionality Complaint Citation Patent Citation
transmitting via a network a platform independent web application, which initiates the streaming of audio and video material The Chorus Call System servers allegedly transmit a web application over a network that initiates streaming from a user's device as the media is captured (Compl. ¶86). ¶86 col. 2:10-14
records audio and video material on the servers via a web application and stores that audio and video material as a complete file The system is alleged to record the streamed media on its servers and store it as a complete file, such as a downloadable MP4 (Compl. ¶87, p. 38). ¶87 col. 2:23-25
generates one or more codes (e.g., URL, HTML codes) associated with the recorded and stored audio and video The system allegedly generates URLs and HTML codes that are associated with the stored recordings to facilitate access (Compl. ¶88). ¶88 col. 2:33-37
to facilitate accessing the recorded and stored...material from an additional location The generated codes allegedly allow another user to access the stored material from a different location (Compl. ¶88). A screenshot shows the browser requesting microphone access, supporting the web-based, client-server nature of the interaction (Compl. p. 26). ¶88 col. 2:37-44
enabling the copying and pasting of codes...wherein the activation of such a code provides access to the recorded audio and video Chorus Call allegedly enables users to copy and paste these codes to other locations, where activating the code provides access to the recording (Compl. ¶90). ¶90 col. 2:37-44

Identified Points of Contention

  • Scope Questions: A central question may be whether the patent claims, which describe a "virtual recording room" with functionality for creating and sharing media clips (e.g., for an online auction), can be construed to cover modern, real-time, interactive web conferencing and webcasting platforms. The accused services offer broader, more interactive functionalities than the embodiments primarily discussed in the patent specification.
  • Technical Questions: The complaint alleges that standard web technologies (e.g., HTML5, WebRTC) and the associated client-side scripts delivered by a server constitute the claimed "browser-independent recording application." A key technical question will be whether the functionality of the accused system, which relies on standardized browser APIs, performs the same function in substantially the same way as the specific "application" disclosed and claimed in the patents from the pre-WebRTC era.

V. Key Claim Terms for Construction

  • Term: "browser-independent recording application"

    • Context and Importance: This term appears central to the asserted claims of multiple patents-in-suit. Its construction will be critical in determining whether the executable code (e.g., JavaScript) delivered to a user's browser by the accused system meets this limitation. Practitioners may focus on this term because the dispute will likely involve whether standard web protocols and scripts qualify as the specific "application" contemplated by the patent, or if a more self-contained, plug-in-like module is required.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The claims do not specify a particular programming language or technology (e.g., Flash, Java Applet), which could support a construction that covers any executable code delivered to a browser that performs the claimed recording-initiation function (e.g., ’930 Patent, col. 15:52-56).
      • Evidence for a Narrower Interpretation: The specification provides an example of a "Flash recording application" (’930 Patent, col. 7:52-53). A party might argue this example narrows the scope of the term to applications with a similar level of structure and functionality as a Flash applet, as opposed to generalized browser script.

  • Term: "host back end"

    • Context and Importance: The claims consistently partition functions between the "user front end" and the "host back end." The definition of "host back end" is important for identifying where the infringing acts of recording and storing allegedly occur. In the context of modern distributed cloud architectures, defining the boundaries of the "host back end" will be essential.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The specification provides a non-technical definition: "A host in this environment is generally defined as a company that is utilizing an audio/video stream recording, storage, and delivery system" (’930 Patent, col. 2:14-18). This could support a broad interpretation that encompasses a distributed network of servers, including third-party cloud infrastructure.
      • Evidence for a Narrower Interpretation: The patent figures depict the "host back end" as a discrete block containing "Recording Software," "Storage," and a "Code Generator," which could suggest a more centralized and co-located system architecture than is common in modern cloud services (’930 Patent, Fig. 1).

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 technological scope: can claims drafted with reference to the web technology of 2004, and which describe a system for creating and sharing discrete media recordings, be construed to cover modern, real-time, interactive web conferencing platforms that operate using standardized protocols like WebRTC?
  • A key question for claim construction will be the definitional scope of "browser-independent recording application." The case will likely turn on whether this term encompasses any client-side script delivered by a server to a standard browser to initiate media capture, as alleged by the Plaintiff, or if it requires a more distinct, self-contained software module as might be suggested by the patent's disclosure of a "Flash recording application."
  • An evidentiary question will be one of architectural mapping: how does the distributed, cloud-based architecture of the accused Chorus Call System map onto the "user front end" and "host back end" dichotomy recited in the claims, and where do the allegedly infringing steps of "recording" and "storing" a "complete file" actually occur within that architecture?