DCT
2:17-cv-00225
eHierarchy LLC v. BlackBerry Corp
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: eHierarchy, LLC (Texas)
- Defendant: Blackberry Corporation (Delaware)
- Plaintiff’s Counsel: The Stafford Davis Firm, P.C.; Stamoulis & Weinblatt LLC
- Case Identification: 2:17-cv-00225, E.D. Tex., 03/23/2017
- Venue Allegations: Plaintiff alleges venue is proper because Defendant conducts substantial business in the district, and a portion of the alleged infringements occurred there.
- Core Dispute: Plaintiff alleges that Defendant’s Blackberry Passport smartphone and its associated software applications infringe patents related to systems and methods for displaying hierarchical information.
- Technical Context: The technology addresses user interface design for organizing and navigating large amounts of hierarchical data, such as files, contacts, or media, on a computer display.
- Key Procedural History: Both asserted patents claim priority to the same 2002 provisional application and share a common specification. Both patents are subject to terminal disclaimers, which may limit their enforceable term to that of an earlier-expiring patent in the family. The complaint does not mention any prior litigation or post-grant validity challenges.
Case Timeline
| Date | Event |
|---|---|
| 2002-07-16 | Priority Date for U.S. Patent Nos. 8,280,932 and 7,840,619 |
| 2010-11-23 | U.S. Patent No. 7,840,619 Issues |
| 2012-10-02 | U.S. Patent No. 8,280,932 Issues |
| 2017-03-22 | Last Access Date for URL Cited in Complaint |
| 2017-03-23 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,280,932 - "Computer System For Automatic Organization, Indexing And Viewing Multiple Objects From Multiple Sources"
The Invention Explained
- Problem Addressed: The patent describes the difficulty of organizing and viewing information from disparate sources (e.g., documents, contacts, emails) within conventional computer systems, which often store data in closed, partitioned formats with limited metadata, making it difficult to link related items or navigate complex hierarchies (’932 Patent, col. 2:1-15).
- The Patented Solution: The invention proposes an integrated system that uses a unified metadata structure to manage and link objects regardless of their source (’932 Patent, col. 4:10-25). A key feature of the solution is a user interface with a "sticky path" mechanism, which maintains a persistent, dynamically-updated display of the user's current location within a hierarchy at the top of a scrollable window, preventing the user from losing context (’932 Patent, col. 14:55-65; Fig. 12a).
- Technical Importance: This approach aims to solve the common user interface problem of "getting lost" when navigating deep, scrollable lists of hierarchical data on a display (’932 Patent, col. 14:50-54).
Key Claims at a Glance
- The complaint asserts at least independent claim 1 (Compl. ¶12).
- The essential elements of independent claim 1 include:
- A computer-readable memory, a display, and an application program.
- The program is configured to, upon a user scrolling a hierarchical structure, "continuously render visible, with dynamic updating, in at least one dynamically-updating sticky path display portion at a margin of said view."
- The "sticky path" function includes rendering an identifier for a new branch when scrolling enters that branch.
- The "sticky path" function also includes removing the identifier for the branch when scrolling continues past the end of its entries.
- The complaint's use of "at least claim 1" suggests the possibility that dependent claims may be asserted later.
U.S. Patent No. 7,840,619 - "Computer System For Automatic Organization, Indexing and Viewing of Information From Multiple Sources"
The Invention Explained
- Problem Addressed: As a parent to the '932 patent sharing the same specification, the '619 Patent identifies the same core problem: conventional computer operating systems lack a general mechanism to link, group, and search for information from diverse, independent sources and applications (’619 Patent, col. 2:22-29).
- The Patented Solution: The patent describes a software system built on an object-oriented database that stores a single instance of each informational object and uses extensible metadata to link it to various logical collections (’619 Patent, Abstract). The system includes a user interface featuring a "sticky path" display that dynamically updates to show the hierarchy of the currently viewed objects as a user scrolls (’619 Patent, col. 14:55-65; Fig. 12a).
- Technical Importance: The invention provides a unified data model and user interface to give users a more intuitive and powerful way to manage information than is possible with conventional, folder-based file systems (’619 Patent, col. 3:10-25).
Key Claims at a Glance
- The complaint asserts at least independent claim 1 (Compl. ¶16).
- The essential elements of independent claim 1 include:
- A computer data processing system with a CPU configured with software for managing informational objects organized in a hierarchy or group structure.
- A computer-readable memory for storing information about the objects.
- A computer display connected to the memory.
- A user interface for selectively viewing a portion of the structure.
- An application program with code that, upon user scrolling, continuously renders visible a "dynamically-updating sticky path display portion at a margin of said view."
- The complaint's use of "at least claim 1" suggests the possibility that dependent claims may be asserted later.
III. The Accused Instrumentality
Product Identification
The accused instrumentalities are computer data processing systems, specifically the "Blackberry Passport" smartphone, which includes software such as the "Blackberry Music App" and the "BlackBerry Contacts" app running on the BlackBerry 10 operating system (Compl. ¶¶12-13, 16-17).
Functionality and Market Context
- The complaint alleges the BlackBerry Passport is a data processing system with 32GB of internal storage and a 4.5" display (Compl. ¶¶13, 17, p. 6).
- The "Blackberry Music App" is alleged to be operable to display hierarchical information, such as songs grouped by album, and to display the name of the current album in a "sticky path portion" that updates as a user scrolls through the song list (Compl. ¶¶13-14). A screenshot provided in the complaint shows a list of songs with the album "New Crown" displayed in a header at the top (Compl. p. 4).
- The "BlackBerry Contacts" app is alleged to manage contact information in a group structure. As a user scrolls through the contacts, the application is alleged to "continuously render visible, with dynamic updating, in at least one dynamically-updating sticky path display portion at a margin," which is described as the top margin displaying the first letter of the current alphabetical section (Compl. p. 7). A series of screenshots depicts this functionality, showing the alphabetical header changing from "A" to "B" as the user scrolls (Compl. p. 7).
- The complaint does not provide detail for analysis of the product's commercial importance or market positioning.
IV. Analysis of Infringement Allegations
'932 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| an applications program having component architecture code processed by said central processing unit so as, upon user scrolling of said structure, to continuously render visible, with dynamic updating, in at least one dynamically-updating sticky path display portion at a margin of said view | The Blackberry Music app is alleged to be an application program that, upon user scrolling, renders a "sticky path portion" that updates dynamically. | ¶14 | col. 40:1-4 |
| when the scrolling enters the beginning of a new open branch, group or level of said structure, an identifier thereof is rendered in a sticky path display area as a new identifier | The complaint alleges that as a user scrolls, the "BlackBerry Music" app "displays the name of each album (e.g., 'New Crown' and 'Cosmic Egg') in a sticky path portion of the display." | ¶14 | col. 40:6-15 |
| when the scrolling continues past the end of the entries of said new branch, group or level of said structure to exit it... said new identifier of said new branch is removed from said dynamically-updating sticky path display area | The complaint alleges the BlackBerry Music app is operable to expand and collapse hierarchical information, and that clicking a "back" icon collapses a player window and returns to the hierarchical display, which suggests a mechanism for exiting a branch and removing an identifier. | p. 4 | col. 40:16-21 |
'619 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a computer data processing system having a central processing unit configured with an integrated computer control software system for the management of informational objects relating to multiple levels of objects organized in at least one of an expandable hierarchy structure and a group structure | The Blackberry Passport is alleged to be a computer data processing system with BlackBerry 10 OS and BlackBerry Contacts app for managing contact information organized in a group structure with multiple levels. | ¶¶16-17 | col. 38:1-17 |
| a computer display connected to said memory for displaying said objects... and object identifiers | The Blackberry Passport is alleged to have a display connected to its memory for displaying objects like contacts and their names from storage. A screenshot shows the main phone screen with app icons, including "Contacts." | p. 6 | col. 38:20-24 |
| an applications program having component architecture code processed by said central processing unit so as, upon scrolling of said structure, to continuously render visible, with dynamic updating, in at least one dynamically-updating sticky path display portion at a margin of said view | The BlackBerry Contacts application is alleged to, upon scrolling, continuously render and dynamically update a "sticky path display portion" at the top margin, which displays the first letter of the current alphabetical entry. A screenshot visually depicts the header changing from "A" to "B" upon scrolling. | p. 7 | col. 38:62-67 |
| when the scrolling continues past the end of the entries of said new branch... said new identifier of said new branch is removed from said dynamically-updating sticky path display area | The complaint alleges that when scrolling continues past all contacts in a group (e.g., the "a" container), the identifier for that branch ("a") is removed from the sticky path display area. A series of screenshots is provided to illustrate this transition. | pp. 7-8 | col. 40:16-21 |
- Identified Points of Contention:
- Scope Questions: A central question for both patents is whether the accused functionality—a single-level alphabetical or album title header—meets the definition of a "sticky path display portion" as described in the patent. The patent specification illustrates this feature with potentially more complex, multi-level path information (e.g., ’619 Patent, Fig. 12a, showing a path with two levels of hierarchy).
- Technical Questions: The infringement analysis may turn on whether the accused headers perform the specific functions of rendering and removal tied to entering and exiting hierarchical "branches" as claimed, or if they operate as a more generic section header UI element. The evidence presented in the complaint is limited to screenshots, and the underlying technical operation will be a subject for discovery.
V. Key Claim Terms for Construction
- The Term: "sticky path display portion"
- Context and Importance: This term appears in the asserted independent claim of both patents and captures the core of the asserted invention. The case's outcome may depend on whether this term is construed broadly enough to cover the single-level section headers in the accused Blackberry apps or is limited to the multi-level path displays shown in the patent's embodiments. Practitioners may focus on this term because it appears to be the primary point of novelty over the prior art.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent describes the feature's purpose broadly as a way to "keep[] the user oriented as to location in the hierarchy" by "always display[ing] the path to the topmost item in the list" as a user scrolls (’619 Patent, col. 14:55-65). This purpose-driven language could support a construction that covers any UI element serving that orienting function.
- Evidence for a Narrower Interpretation: The figures and detailed description show a specific implementation where the "Sticky Path Pane" displays a multi-line, indented hierarchy (e.g., showing a parent folder and a sub-folder simultaneously) that "redraws to correctly identify the new current path" as the user scrolls through different branches (’619 Patent, col. 14:65-col. 15:2; Figs. 12a, 12b). This could support a narrower construction limited to displays that show more than one level of the hierarchy simultaneously.
VI. Other Allegations
- Indirect Infringement: The complaint does not plead counts for indirect infringement.
- Willful Infringement: The complaint does not explicitly allege willful infringement. However, the prayer for relief requests a declaration that the case is "exceptional under 35 U.S.C. § 285" and an award of attorneys' fees (Compl. p. 8, ¶C). A finding of exceptionality can be based on litigation misconduct or on the substantive weakness of a party's positions, but does not require a pleading of pre-suit knowledge or willfulness.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of claim construction: can the term "dynamically-updating sticky path display portion," which is described in the patent specification with examples of multi-level hierarchical path panes, be construed to read on the single-level album titles and alphabetical section headers implemented in the accused applications?
- A key evidentiary question will be one of functional operation: does the accused software's method for updating its section headers upon scrolling meet the specific, detailed functional steps for rendering and removing branch identifiers as recited in the asserted claims, or is there a technical mismatch between the claimed process and the accused functionality?