DCT
2:23-cv-00020
Better Browsing LLC v. Opera Norway As
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Better Browsing LLC (Texas)
- Defendant: Opera Norway AS (Norway)
- Plaintiff’s Counsel: Rozier Hardt McDonough, PLLC
- Case Identification: 2:23-cv-00020, E.D. Tex., 04/12/2023
- Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Texas based on Defendant’s purported business activities in the state for over two decades, including partnerships with Texas-based companies, sponsoring and attending local technology conferences, acquiring a Dallas-based company, generating revenue from Texas users, and using servers physically located in Dallas, Texas to deliver its services.
- Core Dispute: Plaintiff alleges that Defendant’s Opera web browser and related products infringe two patents related to integrated browser zoom and group bookmarking functionalities.
- Technical Context: The technology concerns user interface and experience enhancements for web browsers, specifically methods for managing webpage display magnification and for bookmarking multiple webpages in a single action.
- Key Procedural History: The asserted patents claim priority back to a provisional application filed in 2002. The complaint alleges that the patents were issued after full and fair examination by the USPTO but does not mention any prior litigation or post-grant proceedings involving the patents.
Case Timeline
| Date | Event |
|---|---|
| 2002-09-10 | Earliest Priority Date for '779 and '736 Patents (Provisional App.) |
| 2011-08-10 | '736 Patent Application Filing Date |
| 2011-01-01 | Opera allegedly advertised/co-hosted conferences in Texas (approx.) |
| 2014-09-16 | '736 Patent Issue Date |
| 2015-08-14 | Opera allegedly acquired Dallas-based Yvolver Inc. |
| 2019-03-21 | '779 Patent Application Filing Date |
| 2021-10-19 | '779 Patent Issue Date |
| 2023-04-12 | First Amended Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 11,150,779 - "Systems And Methods For Providing An Internet Browser Zoom And Group Bookmark Functions"
The Invention Explained
- Problem Addressed: The patent describes conventional web searching as a "laborious ping-pong process" where users must navigate back and forth between a list of search result hyperlinks and the actual webpages ('779 Patent, col. 5:47-52). It also notes the inability of prior art browsers to easily save or manage a collection of hyperlinks from a search and the difficulty of reading webpages with small fonts or images ('779 Patent, col. 3:57-62, col. 5:1-6).
- The Patented Solution: The invention proposes a web browser with enhanced functionality to solve these problems. It describes a system that can display multiple webpages concurrently, provides a dedicated "zoom icon" to control the display size of an individual webpage without affecting others, and features a "group bookmark icon" that allows a user to save the uniform resource locators (URLs) of a plurality of concurrently viewed or loaded webpages in a single action ('779 Patent, Abstract; col. 19:30-65). Figure 26 illustrates the group bookmarking concept, where a single "Bookmark" control (2603) acts upon a queue of webpages (2605) to generate a "Group of hyperlinks" (2606) ('779 Patent, Fig. 26).
- Technical Importance: This approach sought to streamline the web browsing experience by reducing latency and user actions required to view and organize information from multiple, independent websites ('779 Patent, col. 4:10-24).
Key Claims at a Glance
- The complaint asserts at least independent claim 1 (Compl. ¶46).
- The essential elements of Claim 1 include:
- Loading a plurality of webpages from different website domains.
- Displaying a selected webpage in an active window.
- Displaying a zoom icon that indicates a current zoom factor and, when selected, changes the zoom for the selected webpage without altering other webpages.
- Displaying a selectable group bookmark icon that controls a group bookmarking function.
- In response to selecting the group bookmark icon, generating a group bookmark data structure storing the URLs of the plurality of webpages and saving it to memory.
- The complaint does not explicitly reserve the right to assert other claims, though this is standard practice.
U.S. Patent No. 8,838,736 - "Internet Browser Zoom Function"
The Invention Explained
- Problem Addressed: The patent identifies a deficiency in prior art web browsers related to viewing content, stating that websites "frequently have webpages that include fonts and images that are small and difficult to read" and that browsers lack a "zoom capability to enlarge a viewing area" dynamically ('736 Patent, col. 3:37-43).
- The Patented Solution: The invention describes a method for a browser zoom function that is controlled by an on-screen icon. The patent specifies that the icon's appearance indicates the current zoom factor, and that a user's selection of the icon "directly causes" the browser to change the zoom level for one or more webpages and update the icon's appearance to reflect that change ('736 Patent, Abstract). Figure 21 illustrates this by showing "Zoom out" and "Zoom in" icons that modify the webpage's display ('736 Patent, Fig. 21).
- Technical Importance: The invention aimed to provide a more intuitive and direct user interface for making web content readable, a crucial aspect of web accessibility and user experience ('736 Patent, col. 3:40-43).
Key Claims at a Glance
- The complaint asserts at least independent claim 1 (Compl. ¶65).
- The essential elements of Claim 1 include:
- Presenting an icon on a web browser display that directly controls a zoom function.
- The appearance of the icon indicates a current zoom factor.
- A selection of the icon directly causes the browser to change the zoom factor for selected webpages.
- The selection also directly causes the browser to change the appearance of the icon to indicate the new zoom factor.
- The complaint does not explicitly reserve the right to assert other claims.
III. The Accused Instrumentality
Product Identification
- The accused instrumentalities are Opera's web browser products, including "Opera Web Browser," and features such as "Opera Bookmarks," "Opera Speed Dial," and "Opera Pinboards" (Compl. ¶¶35-36).
Functionality and Market Context
- The complaint alleges that the accused Opera browser provides zoom and bookmarking functionalities that infringe the asserted patents. The complaint includes a screenshot from an Opera marketing page describing its "new visual approach" to bookmarks, which "transforms bookmarks into a collection of favorites" (Compl. ¶39, p. 11). Further screenshots show a zoom percentage indicator in the browser's address bar and a settings page for managing per-website zoom levels, suggesting the ability to change zoom for one site without affecting others (Compl. ¶48, p. 15-16). The complaint alleges Opera generates revenue from search and advertising partners through its browser platform (Compl. ¶¶15, 30).
IV. Analysis of Infringement Allegations
'779 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| ...and, a user indication of a selection of said group bookmark icon and, in response to receipt of such indication, causing the web browser to perform the following actions: generate a group bookmark comprising a data structure storing at least the plurality of uniform resource locators associated with the plurality of website domains to which the web browser is concurrently connected; and save the generated group bookmark in memory. | The Opera browser is alleged to load a plurality of webpages (e.t., via Speed Dial or tabs) and allow a user to select one to display in an active window. The complaint alleges the browser displays a selectable group bookmark icon that allows for group bookmarking. A screenshot shows a "Bookmarks Bar" with a "Folder" that contains multiple websites. This is alleged to be the result of a group bookmarking function. | ¶48, p. 16 | - |
Identified Points of Contention
- Scope Questions: A central question is whether Opera’s "Speed Dial" or its bookmark folder functionality constitutes a "group bookmark icon" as required by the claim. The claim recites an "icon" that, upon selection, "controls a group bookmarking function." It may be disputed whether creating a folder and then adding bookmarks to it, or arranging sites on a Speed Dial page, meets the claimed sequence of selecting an icon to generate and save a group bookmark data structure in a single, user-initiated action.
- Technical Questions: The complaint shows a "Bookmarks Bar" with a folder containing multiple bookmarks (Compl. p. 12). However, it does not provide evidence detailing the specific user steps for creating this folder. The court will need to determine if the accused method involves selecting a single "group bookmark icon" to capture a plurality of concurrently connected webpages, as the patent claims.
'736 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| presenting to a user an icon shown on a web browser display wherein said icon directly controls a zoom function...for webpages displayed in at least an active window; | The complaint alleges the Opera browser displays a zoom icon in the address bar. A screenshot shows a "90%" icon within the address bar for an active Amazon.com webpage. | ¶67, p. 21 | col. 20:50-57 |
| wherein appearance of the zoom icon indicates a current zoom factor; | The icon in the address bar displays the current zoom level as a percentage (e.g., "90%" or "150%"). A screenshot shows the zoom level set to 150% for the wsj.com website. | ¶67, p. 21 | col. 20:57-59 |
| wherein a selection of said zoom icon directly causes the web browser to perform both the following actions: changing zoom factor... and changing appearance of the zoom icon... | The complaint alleges that using the icon changes the zoom factor and the icon's appearance. Screenshots demonstrate a webpage's zoom changing from 90% to 150%, with the icon in the address bar updating to reflect the new percentage. | ¶67, p. 21 | col. 20:59-21:1 |
Identified Points of Contention
- Scope Questions: The primary point of contention may be the interpretation of "directly controls." The accused functionality appears to involve clicking an icon (e.g., "150%") which then reveals a menu with slider and button controls. A defendant could argue this is not "direct" control, but rather a two-step, indirect process. The patent's specification may be consulted to determine if it provides a specific definition or examples that clarify the scope of this term.
- Technical Questions: Does the user's single selection of the icon itself cause the change, or does it merely open a settings panel that requires subsequent, separate user actions (e.g., clicking "+" or "-") to effect the change? The distinction could be critical to the infringement analysis.
V. Key Claim Terms for Construction
- The Term: "group bookmark icon" ('779 Patent)
- Context and Importance: This term is fundamental to the second half of asserted claim 1 of the '779 patent. Infringement depends on whether Opera’s functionality for saving multiple bookmarks (e.g., via folders or Speed Dial) is controlled by an element that meets this definition. Practitioners may focus on this term because the complaint's visual evidence shows bookmark folders, but not the specific UI element or single action that allegedly creates them from a group of open pages.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent specification describes an enhancement for "bookmarking selected webpages or all the webpages as a list of hyperlinks that can be later recalled" ('779 Patent, col. 7:51-54). Figure 26 shows a generic "Bookmark" button (2603) that acts on a queue of pages to create a "Group of hyperlinks" (2606), which could support construing the term to cover any UI element that initiates a process to save multiple URLs.
- Evidence for a Narrower Interpretation: The claim requires that selection of the icon causes the generation and saving of the bookmark. An opponent might argue this requires a one-click action that captures all currently selected or open tabs, rather than the more conventional process of creating a folder and manually adding bookmarks to it. The specific embodiment in Figure 26 shows the action on a pre-defined "queue," which may suggest a more structured process than simply bookmarking all open tabs.
- The Term: "directly controls" ('736 Patent)
- Context and Importance: This term is central to the infringement analysis for the '736 patent. The outcome of the case may turn on whether clicking an icon that opens a menu of further controls is considered "direct" or "indirect" control.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent abstract states that "a single selection of the zoom icon directly causes the web browser to perform several actions," which a plaintiff may argue means the initial click is the legally significant "direct" cause, and any subsequent menu interactions are merely part of the fulfillment of that cause ('779 Patent, Abstract).
- Evidence for a Narrower Interpretation: The specification of the parent patent shows an embodiment with distinct "Zoom out" and "Zoom in" icons ('736 Patent, Fig. 21). A defendant could argue that "directly controls" requires the icon itself to perform the action (e.g., one click on the icon zooms in), not simply reveal a secondary set of controls like a slider or +/- buttons.
VI. Other Allegations
- Indirect Infringement: The complaint alleges both induced and contributory infringement for both patents. It claims Opera induces infringement by providing instructions and advertising that encourage users to operate the browser in an infringing manner (Compl. ¶¶51, 70). It further alleges contributory infringement by asserting that the accused zoom and bookmarking features are specially designed to infringe and lack substantial non-infringing uses (Compl. ¶¶52, 71).
- Willful Infringement: The complaint alleges willful infringement, asserting that Opera had knowledge of the patents at least from the date of the complaint's filing. It also pleads willful blindness, alleging on information and belief that Opera has a policy of not reviewing the patents of others (Compl. ¶¶53-56, 72-75).
VII. Analyst’s Conclusion: Key Questions for the Case
- A central issue will be one of claim construction: Can the term "directly controls" in the '736 patent be construed to read on a user interface where an icon first reveals a menu of controls, or does the term require a more immediate, one-step causal action?
- A key evidentiary question will be one of functional mapping: Does the evidence show that Opera's browser provides a "group bookmark icon" as defined by the '779 patent, specifically an icon that, upon a single selection, generates and saves a data structure of multiple URLs? The complaint shows the existence of bookmark folders but does not detail a one-click creation process from a set of open tabs.
- A third question, pertinent to both validity and damages, will be the impact of the 2002 priority date: Given the two decades of web browser evolution since the patents' claimed priority date, the court will have to assess the scope of the claims against a backdrop of prior art that is substantially different from today's browser environment. This will influence not only potential obviousness arguments but also the reasonable royalty analysis.