GreatGigz Solutions LLC v. Healthcare Express LLP

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: GreatGigz Solutions, LLC (Florida)
  • Defendant: Healthcare Express, LLP (Texas)
  • Plaintiff’s Counsel: Garteiser Honea, PLLC
• Case Identification: 2:21-cv-00358, E.D. Tex., 09/14/2021
• Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Texas because Defendant maintains regular and established places of business within the district, including an urgent care facility in Marshall, Texas.
• Core Dispute: Plaintiff alleges that Defendant’s online platform for scheduling healthcare appointments infringes four patents related to systems and methods for providing recruitment and job searching services.
• Technical Context: The technology at issue involves networked computer systems that automate the process of matching individuals with available service opportunities, a concept foundational to modern online appointment booking and "gig economy" platforms.
• Key Procedural History: The complaint notes that during the prosecution of the ’864 Patent, the patent examiner considered the Supreme Court's decision in Alice and found the claims to be directed to patent-eligible subject matter, a point Plaintiff may leverage to preemptively counter an anticipated patent eligibility challenge under 35 U.S.C. § 101.

Case Timeline

Date	Event
1999-07-31	Priority Date for ’194, ’086, ’864, and ’000 Patents
2003-12-09	U.S. Patent No. 6,662,194 Issues
2009-02-10	U.S. Patent No. 7,490,086 Issues
2017-09-12	U.S. Patent No. 9,760,864 Issues
2018-10-09	U.S. Patent No. 10,096,000 Issues
2021-09-14	Complaint Filed

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

U.S. Patent No. 6,662,194 - "Apparatus and Method for Providing Recruitment Information"

• Patent Identification: U.S. Patent No. 6,662,194, "Apparatus and Method for Providing Recruitment Information," issued December 9, 2003.

The Invention Explained

• Problem Addressed: The patent’s background section describes traditional job search and recruitment processes as being costly, inefficient, and limited by the personal contacts of intermediaries like "headhunters" and employment agencies (Compl. ¶18; ’194 Patent, col. 2:7-24). It also notes that maintaining confidentiality for job seekers and employers during the initial stages of the process was difficult (Compl. ¶20; ’194 Patent, col. 2:62-3:8).
• The Patented Solution: The invention proposes a centralized, network-based "clearinghouse" that uses a central database to store pertinent information for both job seekers and employers (Compl. ¶18; ’194 Patent, col. 3:25-34). The system processes job search requests, generates messages with information about job openings, and transmits them to individuals in real-time, facilitating bi-directional communication between the parties (’194 Patent, Abstract; col. 13:57-61).
• Technical Importance: The claimed invention represented a technological shift from relationship-based recruitment to an automated, database-driven matching system intended to improve efficiency and confidentiality (Compl. ¶18).

Key Claims at a Glance

• The complaint asserts infringement of at least independent claim 25 (Compl. ¶39).
• Essential elements of claim 25 include:
  • A memory device for storing work schedule and/or scheduling information for an individual, independent contractor, temporary worker, or freelancer.
  • A receiver for receiving a first request for that schedule information from a communication device associated with an employer or hiring entity.
  • A processing device that generates a first message containing the requested schedule information.
  • A transmitter for sending that first message back to the first communication device.
  • A further sequence where the receiver receives a second request to reserve the individual's services, the processor generates a second message regarding the reservation, and the transmitter sends this second message to a second communication device associated with the individual.
• The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 7,490,086 - "Apparatus and Method for Providing Job Searching Services Recruitment Services and/or Recruitment-Related Services"

• Patent Identification: U.S. Patent No. 7,490,086, "Apparatus and Method for Providing Job Searching Services Recruitment Services and/or Recruitment-Related Services," issued February 10, 2009.

The Invention Explained

• Problem Addressed: Like the ’194 Patent, the ’086 Patent addresses the inefficiencies of traditional, non-automated recruitment and job search methods (’086 Patent, col. 2:8-42).
• The Patented Solution: This invention describes an apparatus that processes a recruitment search request upon the automatic detection of a "searching event." Such an event is defined to include occurrences like a job posting, a news release, an economic report, or another event creating an interest to fill a position. Upon detecting such an event, the system uses stored information about an individual to generate and transmit a responsive message to an employer or hiring entity (’086 Patent, Abstract).
• Technical Importance: The claimed invention moves beyond user-initiated searches to an event-triggered, automated system that monitors for relevant occurrences and proactively generates recruitment-related notifications (Compl. ¶16).

Key Claims at a Glance

• The complaint asserts infringement of at least independent claim 18 (Compl. ¶54).
• Essential elements of claim 18 include:
  • A memory device that stores information about an available individual and information regarding a recruitment search request.
  • A processing device that processes the recruitment request upon detecting a "searching event," which is defined as one of a list of occurrences (e.g., job posting, news release, economic report).
  • The processing device automatically detects the event, utilizes the stored individual's information, and generates a responsive message containing that information.
  • A transmitter that sends the message to a communication device associated with an employer or hiring entity.
• The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 9,760,864 - "Apparatus and Method for Providing Job Searching Services..."

• Patent Identification: U.S. Patent No. 9,760,864, "Apparatus and Method for Providing Job Searching Services...," issued September 12, 2017.
• Technology Synopsis: The patent describes an apparatus for providing job and recruitment information, comprising a memory/database for storing work schedule information for a plurality of individuals (e.g., freelancers, temporary workers). The system includes a processor associated with a website that, in response to a request from an employer, generates and transmits a message containing the schedule information and also processes subsequent requests to reserve or engage the individual's services (’864 Patent, Abstract; Compl. ¶13).
• Asserted Claims: At least Claim 1 (Compl. ¶67).
• Accused Features: The complaint accuses Defendant’s "gohce.com" website, where its servers store healthcare provider schedules, receive appointment requests from customers, and transmit booking confirmations back to the customer and provider (Compl. ¶68-73).

U.S. Patent No. 10,096,000 - "Apparatus and Method for Providing Job Searching Services..."

• Patent Identification: U.S. Patent No. 10,096,000, "Apparatus and Method for Providing Job Searching Services...," issued October 9, 2018.
• Technology Synopsis: The patent claims an apparatus including a memory for storing work schedule information for an employer or individual, a receiver to get a request for that information, and a specially programmed processor that generates a first message containing the schedule information. The system then processes a second request (e.g., for offering or reserving services) where the information in the second request is based on the schedule information contained in the first message (’000 Patent, Abstract).
• Asserted Claims: At least Claim 1 (Compl. ¶82).
• Accused Features: The accused features are Defendant’s "gohce.com" web platform, which stores and provides work schedule information for healthcare providers in response to a customer request and then processes a subsequent request from the customer to book an appointment based on that provided schedule information (Compl. ¶83-88).

III. The Accused Instrumentality

• Product Identification: The "Accused Instrumentalities" are identified as Defendant's web platform, hosted on the "www.gohce.com" server, which includes memory, processors, and transceivers (Compl. ¶35).
• Functionality and Market Context: The platform allows customers to schedule various healthcare services (e.g., urgent care, imaging, allergy testing) at Defendant's physical clinic locations (Compl. ¶35). A screenshot in the complaint shows the "Marshall Urgent Care Clinic" location page, which contains a "BOOK NOW" button to initiate the scheduling process (Compl. Figure 4, p. 13). The system's core functionality involves receiving a customer request for an appointment, displaying a timetable of available slots for healthcare providers, allowing the customer to select a time, and transmitting information to reserve the service and confirm the booking (Compl. ¶40-45). Another screenshot illustrates the user interface for selecting a date and time for an appointment (Compl. Figure 5, p. 14). The platform is alleged to generate substantial financial revenues for the Defendant (Compl. ¶38).

IV. Analysis of Infringement Allegations

’194 Patent Infringement Allegations

Claim Element (from Independent Claim 25)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
a memory device for storing at least one of work schedule information and scheduling information for at least one of an individual, an independent contractor, a temporary worker, and a freelancer	Defendant's servers store and provide work schedule information for its individual healthcare providers, who are alleged to be the claimed "individual, an independent contractor, a temporary worker, and a freelancer."	¶41	col. 16:55-65
a receiver for receiving a first request ... from a first communication device associated with an employer or hiring entity	Defendant's servers receive a request from a customer's device (e.g., PC, laptop, mobile device) to schedule an appointment. The customer is alleged to be the claimed "employer or a hiring entity."	¶42	col. 13:60-64
a processing device for processing information contained in the first request, wherein the processing device generates a first message containing the ... work schedule information	In response to the customer's request, Defendant's servers generate a "timetable ('first message')" that contains the work schedule or scheduling information of its healthcare providers. A screenshot shows this timetable of available appointment slots (Compl. Figure 7, p. 17).	¶43	col. 22:50-23:1
a transmitter for transmitting the first message to the first communication device	Defendant's servers transmit the timetable via the Internet to the customer's device, causing it to be displayed.	¶44	col. 13:55-59
wherein the receiver receives a second request ... [for] reserving, engaging, and requesting, the services ... and the transmitter transmits a second message ... to a second communication device associated with the ... individual	After the customer selects a time and submits, a second request to reserve the provider's services is sent to Defendant's servers. The servers then transmit a second message to a device associated with the healthcare provider to confirm the booking. A screenshot shows the final booking confirmation screen (Compl. Figure 8, p. 18).	¶45	col. 33:23-46

• Identified Points of Contention:
  • Scope Questions: A central dispute may arise over whether the patent's terms, rooted in the employment and recruitment context, can be construed to cover the patient-provider service context. Specifically, does a "customer" scheduling a medical appointment qualify as an "employer or hiring entity"? Similarly, is a staff "health care provider" equivalent to "an individual, an independent contractor, a temporary worker, and a freelancer" as recited in the claim?
  • Technical Questions: What evidence does the complaint provide that the "second message" is transmitted to a "second communication device associated with the...individual" (i.e., the provider's personal device)? The allegations could be read to describe a process where the server merely updates a central calendar accessible by clinic staff, which may not meet the claim's requirement of transmitting a message to a distinct second device associated with the individual provider.

’086 Patent Infringement Allegations

Claim Element (from Independent Claim 18)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
a memory device ... stores information regarding an individual available for ... a job, a job opportunity, and a hiring need, and ... stores information regarding a recruitment search request or inquiry	Defendant's servers store work schedule information for its healthcare providers (alleged to be "information regarding an individual") and receive appointment scheduling requests from customers (alleged to be a "recruitment search request or inquiry").	¶56	col. 16:1-14
a processing device ... processes the information regarding a recruitment search request or inquiry upon a detection of an occurrence of a searching event, wherein the searching event is an occurrence of at least one of a job posting ... an event which creates an interest ... to fill a position	The complaint alleges that a customer using the web portal to schedule an appointment constitutes the "searching event," mapping this action to claim terms such as an "occurrence of at least one of a job posting" or "an event which creates an interest by at least one employer or at least one hiring entity to fill a position."	¶57	col. 5:21-33
wherein the processing device automatically detects the occurrence of the searching event, ... utilizes the information regarding an individual ... and further wherein the processing device generates a message containing information regarding the individual	Defendant's servers allegedly automatically detect the customer's request, use stored customer details and provider schedules ("information regarding an individual"), and generate a timetable ("message") of available appointments.	¶57	col. 22:50-23:1
a transmitter, wherein the transmitter transmits the message to a communication device associated with an employer or hiring entity	Defendant's servers transmit the timetable to the customer's communication device via the Internet.	¶58	col. 13:55-59

• Identified Points of Contention:
  • Scope Questions: The infringement theory for this patent may turn on whether a customer's request to book an appointment can be construed as a "searching event" as defined by the claim. The claim provides a specific list of examples for this term (e.g., "a job posting," "a news release of a business event," "an economic report"), raising the question of whether a customer's service request is of the same class or kind as these enumerated examples.

V. Key Claim Terms for Construction

• The Term: "employer or hiring entity"

  • Context and Importance: This term appears in the independent claims of the asserted patents. The complaint's infringement theory equates a "customer" scheduling a healthcare service with an "employer or hiring entity" (Compl. ¶42). The viability of the infringement case may depend on whether this construction is adopted. Practitioners may focus on this term because its plain meaning in the recruitment context appears distinct from the role of a patient in a healthcare transaction.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The specification describes the invention as being utilized by entities "desirous of securing the services of, an individual, an independent contractor, and/or a freelancer, either permanently and/or temporarily" (’194 Patent, col. 11:46-50). This language could be argued to encompass short-term, single-instance service engagements like a medical appointment.
    • Evidence for a Narrower Interpretation: The patent’s background is replete with terms from the employment field, such as "job searching efforts," "recruitment efforts," "employment agencies," "recruiters," and "so-called 'headhunters'" (’194 Patent, col. 2:7-17). This context suggests the term was intended to refer to entities in a traditional employment or contracting relationship, not a patient-provider relationship.

• The Term: "searching event"

  • Context and Importance: This term is a central limitation in claim 18 of the ’086 Patent. The complaint alleges that a customer scheduling an appointment is a "searching event" (Compl. ¶57). The infringement analysis for this patent hinges on this interpretation.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The claim includes the general phrase "an event which creates an interest by at least one employer or at least one hiring entity to fill a position" (’086 Patent, Claim 18). Plaintiff may argue that a customer's request for an appointment creates an "interest" in filling that time "position."
    • Evidence for a Narrower Interpretation: The claim defines "searching event" with a specific list of examples: "a job posting ... a posting of new or revised data ... a news release of a business event, an employment-related event, an economic report, industry-specific news..." (’086 Patent, Claim 18). A defendant may argue that under the canon of ejusdem generis, the general phrases are limited by the character of these specific, business- and employment-oriented examples, which do not appear to include a routine customer service request.

VI. Other Allegations

• Indirect Infringement: While not pleaded as separate counts, the complaint contains factual allegations that could support claims of induced infringement, asserting that Defendant provides a web platform that allows and instructs its customers to perform the allegedly infringing scheduling actions (Compl. ¶35, ¶40).
• Willful Infringement: Plaintiff alleges willful infringement for all asserted patents. The allegations are based on Defendant's alleged continuation of infringing activities after receiving notice of the patents via service of the complaint in this litigation (Compl. ¶47, 60, 75, 90). The complaint further alleges that Defendant has a "policy or practice of not reviewing the patents of others" and has been "willfully blind" to Plaintiff's patent rights (Compl. ¶48, 61, 76, 91).

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

• A core issue will be one of definitional scope and semantic mapping: can patent claims drafted in the language of the employment and recruitment industry (e.g., "employer", "hiring entity", "recruitment search request", "job posting") be construed to cover the fundamentally different context of a patient scheduling a healthcare service? The entire infringement case appears to rest on the court accepting this semantic translation.
• A second key issue will be patent eligibility under 35 U.S.C. § 101: With a 1999 priority date, the patents claim systems for organizing human activity (scheduling and matching) using generic computer components. This raises the question of whether the claims are directed to an abstract idea and, if so, whether the specific arrangement of elements provides an "inventive concept" sufficient to transform them into patent-eligible subject matter.
• A third question will be one of technical and factual proof: Assuming the definitional scope issues are resolved in Plaintiff's favor, an evidentiary question will remain as to whether the Accused Instrumentality performs each step as claimed. For example, does the system transmit a distinct confirmation message "to a second communication device associated with the ... individual" provider, as required by claim 25 of the ’194 Patent, or does it merely update a central system?