Accessify LLC v. Statista GmbH

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Accessify, LLC (Texas)
  • Defendant: Statista GmbH (Germany)
  • Plaintiff’s Counsel: Rozier Hardt McDonough PLLC
• Case Identification: 2:24-cv-00333, E.D. Tex., 05/07/2024
• Venue Allegations: Plaintiff alleges venue is proper because Defendant is not a resident of the United States and may be sued in any judicial district, pursuant to the alien-venue rule. The complaint further alleges Defendant has substantial business ties to the Eastern District of Texas.
• Core Dispute: Plaintiff alleges that Defendant’s online data platform and website functionalities infringe seven patents related to methods for controlling access to digital content, providing previews of paywalled information, and translating web addresses.
• Technical Context: The technologies at issue concern foundational methods for monetizing digital content by providing limited previews to entice users to purchase full access, a central business model for online subscription services.
• Key Procedural History: The complaint notes that Certificates of Correction have been issued for the ’032, ’397, and ’656 patents, which may be relevant for clarifying the scope of the claims. No prior litigation or administrative challenges to the asserted patents are mentioned in the complaint.

Case Timeline

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

U.S. Patent No. 7,316,032 - "Method for Allowing a Customer to Preview, Acquire and/or Pay for Information and a System Therefor"

• Issued: January 1, 2008

The Invention Explained

• Problem Addressed: The patent’s background section describes the challenge faced by online distributors of digital content: how to allow a potential customer to adequately evaluate a product (like browsing a book in a bookstore) without giving away the product for free, since any access to digital content inherently involves making a copy. (’032 Patent, col. 2:9-15).
• The Patented Solution: The invention proposes a method of providing a "preview version" of an information product. This is achieved by "superposing a masking effect" on the original content, which creates a version that is representative of the original but has reduced utility, thereby interfering with its full reception. The presence and nature of this masking effect are controlled based on at least one criterion, such as payment or authorization, allowing the user to receive the original, unmasked version upon meeting the criterion. (’032 Patent, col. 3:1-13; Abstract).
• Technical Importance: This approach provided a framework for solving the "preview dilemma" in digital commerce, enabling "freemium" or preview-based models for selling digital goods online.

Key Claims at a Glance

• The complaint asserts at least independent claim 1. (Compl. ¶34).
• Essential elements of claim 1 include:
  • providing a preview version of said information product;
  • said preview version being created by superposing a masking effect on an original form of said information product... said masking effect being superposed on a region of said information product and adapted to interfere with receiving of said information product in said original form by said user;
  • allowing said user to access said preview version of said information product; and
  • controlling at least one of presence, absence, duration of application and permanence of said masking effect... in accordance with at least one criterion thereby controlling receiving of said information product in said original form by said user.
• The complaint does not explicitly reserve the right to assert dependent claims for this patent.

U.S. Patent No. 7,562,397 - "Method and System for Facilitating Search, Selection, Preview, Purchase Evaluation, Offering for Sale, Distribution, and/or Sale of Digital Content and Enhancing the Security Thereof"

• Issued: July 14, 2009

The Invention Explained

• Problem Addressed: The patent addresses the same general problem as the ’032 Patent: the secure distribution and sale of digital content, including providing previews for purchase evaluation. (’397 Patent, col. 1:21-30).
• The Patented Solution: This invention provides a more structural solution by proposing a method of arranging a digital work into a "plurality of layers." At least a first layer comprises a "masking effect," which is superposed onto a second layer containing the digital work. This layered structure creates a "masked configuration" that serves as a preview. Access to the original configuration is controlled by managing the presence or absence of the masking layer based on user actions or authorization. (’397 Patent, col. 11:43-67; Abstract).
• Technical Importance: This layered approach provides a specific technical architecture for implementing a controllable preview system for digital content.

Key Claims at a Glance

• The complaint asserts at least independent claim 1. (Compl. ¶51).
• Essential elements of claim 1 include:
  • arranging said digital work into a plurality of layers, said plurality of layers comprising at least a first layer and a second layer, said first layer comprising a masking effect;
  • superposing said first layer onto said second layer, said masking effect being adapted to interfere with the receiving of said digital work in an original configuration by a user, thereby defining a masked configuration of said digital work;
  • providing said digital work in said masked configuration, wherein said masked configuration being readily accessible and adapted for providing a preview version of said digital work;
  • allowing said user to access said preview version of said digital work; and
  • controlling at least one of presence of said masking effect... thereby controlling receiving of said digital work in said original configuration by said user.
• The complaint does not explicitly reserve the right to assert dependent claims for this patent.

U.S. Patent No. 7,752,656 - "Controlling Access to Name Service for a Domain Name System"

• Issued: July 6, 2010
• Technology Synopsis: The patent describes a method for controlling access to online content using a modified Domain Name System (DNS) server. The server determines whether a user has access privileges for a requested domain name and, based on that determination, responds with either the IP address of the content server (for authorized users) or the IP address of an authorization server (for unauthorized users). (Compl. ¶¶65, 69).
• Asserted Claims: At least independent claim 1. (Compl. ¶68).
• Accused Features: The complaint alleges Statista’s use of various subdomains (e.g., es.statista.com, en.statista.com) managed by its name servers to control access to content infringes the ’656 Patent. (Compl. ¶¶69-70).

U.S. Patent No. 8,069,489 - "Method and System for Facilitating Search, Selection, Preview, Purchase Evaluation, Offering for Sale, Distribution, and/or Sale of Digital Content and Enhancing the Security Thereof"

• Issued: November 29, 2011
• Technology Synopsis: This patent, related to the ’397 Patent, discloses a method for controlling access to a digital work by creating and providing a "masked configuration." The mask is adapted to interfere with the viewing, hearing, displaying, or rendering of the original work on a computer system, thereby enabling a user to examine the work in a limited fashion before purchase. (Compl. ¶¶76, 80).
• Asserted Claims: At least independent claim 1. (Compl. ¶79).
• Accused Features: The complaint accuses Defendant's paywall and its functions for viewing and accessing digital content of infringement. (Compl. ¶80).

U.S. Patent No. 10,554,424 - "Enhanced Security Preview of Digital Content"

• Issued: February 4, 2020
• Technology Synopsis: This patent describes a method for generating a preview of an information product based on customer-specified criteria. A server receives a request and criteria from a user, generates a preview, selects and superposes a masking effect, and provides the masked preview to the user prior to purchase. (’424 Patent, Abstract).
• Asserted Claims: At least independent claim 1. (Compl. ¶89).
• Accused Features: Defendant's paywall and associated functionalities, which allegedly generate previews of digital content for users, are accused of infringement. (Compl. ¶90).

U.S. Patent No. 11,418,356 - "Enhanced Security Preview Of Digital Content"

• Issued: August 16, 2022
• Technology Synopsis: This patent discloses a method of distributing a digital work by dynamically generating a masked version in response to a customer's request and criteria. The masking effect is described as "utility-reducing" and is selected and applied based on the criteria received from the customer, with a portion of the digital work outside the selected relevant portion being masked. (’356 Patent, Abstract).
• Asserted Claims: At least independent claim 1. (Compl. ¶106).
• Accused Features: The complaint accuses Statista’s paywall and its system for distributing digital works of infringement. (Compl. ¶107).

U.S. Patent No. 7,039,722 - "Method And Apparatus For Translating Web Addresses And Using Numerically Entered Web Addresses"

• Issued: May 2, 2006
• Technology Synopsis: The patent describes a method for generating a request for a domain name by translating a received name into a "scheme specific name." This translation involves converting a sub-domain portion of the received name into a different sub-domain portion based on a selected translation formula. (’722 Patent, Abstract).
• Asserted Claims: At least independent claim 1. (Compl. ¶116).
• Accused Features: The complaint alleges that when a user requests statista-info.com, the accused system translates it to generate a request for statista.com, thereby infringing the patent. (Compl. ¶¶117-118).

III. The Accused Instrumentality

Product Identification

• The accused products are Defendant Statista's websites, including at least https://www.statista.com/ and https://statista-info.com/, and the associated hardware, software, and functionality that constitute Statista's paywall and system for accessing digital content (the "Accused Products"). (Compl. ¶¶25-26).

Functionality and Market Context

• The Accused Products operate as a global data and business intelligence platform, offering statistics, reports, and forecasts across numerous industries. (Compl. ¶26, Fig. 1). A core feature is a paywall system where non-subscribing users are presented with a limited or obscured version of the data content, such as a blurred chart, overlaid with a prompt to create an account or upgrade to a paid subscription for full access. (Compl. ¶35, Fig. 2). The complaint also alleges that the Accused Products use different subdomains to manage content and that requests to one domain (statista-info.com) result in access to content on another (statista.com). (Compl. ¶¶70, 118). A screenshot in the complaint shows various subscription tiers, from a free Basic Account to paid Starter and Personal accounts, indicating a tiered access model. (Compl. ¶25, Fig. 3).

IV. Analysis of Infringement Allegations

The complaint references claim chart exhibits that were not filed with the public document. The infringement theories are summarized below in prose based on the narrative allegations in the complaint.

U.S. Patent No. 7,316,032 Infringement Allegations

The complaint alleges that Statista’s website provides a preview version of its information products (e.g., a data chart) to non-paying users. (Compl. ¶35). This preview is allegedly created by superposing a "masking effect"—identified as an overlay that obscures the data and prompts the user to subscribe—on the original data chart. (Compl. ¶35; Fig. 2). Figure 2 of the complaint depicts a graph of Netflix subscribers where the data is obscured by a blue box stating "You need a Statista Account for unlimited access." (Compl. p. 9, Fig. 2). This configuration is alleged to be representative of the original product and enables purchase evaluation while interfering with full reception. The complaint further alleges that Statista controls this masking effect by removing it for users who meet the criterion of purchasing a subscription, thereby controlling access to the original information. (Compl. ¶35).

U.S. Patent No. 7,562,397 Infringement Allegations

The complaint alleges that Statista’s system arranges its digital works into a "plurality of layers." (Compl. ¶52). A "first layer" is alleged to be the masking effect (the subscription overlay), which is superposed onto a "second layer" containing the original data chart. (Compl. ¶52). This superposition allegedly defines a "masked configuration" that serves as a preview version of the digital work, which is provided to and accessible by users. The complaint alleges that Statista controls the presence or absence of this masking effect layer based on the user's subscription status, thereby controlling access to the digital work in its original configuration. (Compl. ¶52).

Identified Points of Contention

• Scope Questions: A central question for the '032 and '397 patents may be whether a standard HTML/CSS overlay that functions as a subscription prompt constitutes a "masking effect" or a "plurality of layers" within the meaning of the patents. The defense may argue that this is a conventional web design element, whereas the patent specifications describe more integrated methods of altering the content itself.
• Technical Questions: For the '397 Patent, the analysis may focus on the actual architecture of the Accused Products. What evidence does the complaint provide that Statista’s website is technically implemented using the specific "layered" structure required by claim 1, as opposed to simply rendering one web element on top of another? For the '656 and '722 patents, a key question will be whether Statista's use of DNS for subdomains and domain redirects performs the specific, privilege-based access control and translation steps claimed, or if it is merely conventional web infrastructure. The complaint provides a screenshot from a subdomain finder tool showing multiple subdomains for statista.com, such as es.statista.com and en.statista.com. (Compl. p. 22, Fig. 9). Another visual shows a request to access statista-info.com followed by a screenshot of the statista.com homepage, which the complaint uses to support its translation infringement theory. (Compl. p. 37, Fig. 17).

V. Key Claim Terms for Construction

For U.S. Patent No. 7,316,032:

• The Term: "masking effect"
• Context and Importance: This term is the core of the asserted claim. Its construction will determine whether a paywall overlay, as depicted in the complaint, can be considered an infringing instrumentality. Practitioners may focus on this term because its scope is central to the infringement analysis for multiple asserted patents.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The patent specification describes the effect functionally as being "adapted to interfere with receiving of said information product in said original form by said user." ( ’032 Patent, col. 12:41-44). This functional language may support an interpretation that covers any element achieving that result.
  • Evidence for a Narrower Interpretation: Embodiments described in the specification include altering the content itself, such as by displaying text as "gibberish characters" or providing a "reduced-utility" version. (’032 Patent, col. 6:29-32). This may support a narrower construction limited to effects that modify the underlying content rather than just obscuring it with an overlay.

For U.S. Patent No. 7,562,397:

• The Term: "arranging said digital work into a plurality of layers"
• Context and Importance: This term defines the fundamental structure of the claimed method. Infringement hinges on whether the accused website's technical architecture can be characterized as having this specific layered structure.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The specification states that a digital work "can be conceptually and structurally organized as a compilation of a plurality of layers," which could support a broad, logical interpretation rather than a strict, technical one. (’397 Patent, col. 29:33-35).
  • Evidence for a Narrower Interpretation: The patent’s figures and detailed description illustrate distinct layers with specific functions (e.g., "Masking Effect Layer," "Digital Content Layer," "Control Layer"). (’397 Patent, Figs. 6a-6d). This suggests a more defined structure than simply rendering one HTML element over another, which a court might find to be the case in the accused website.

VI. Other Allegations

Indirect Infringement

• The complaint alleges inducement across all asserted patents, stating that Defendant took active steps to cause infringement by providing the Accused Products and distributing instructions or advertisements that guide users to use them in an infringing manner. (Compl. ¶¶36, 53). The complaint also alleges contributory infringement, asserting that the Accused Products have special features (e.g., the paywall) that are not staple articles of commerce and have no substantial non-infringing uses. (Compl. ¶¶37, 54).

Willful Infringement

• Willfulness is alleged based on Defendant’s knowledge of the patents "since at least the time of receiving the complaint." (Compl. ¶¶38, 55). The complaint also alleges willful blindness based on an asserted "policy or practice of not reviewing the patents of others." (Compl. ¶¶39, 56).

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

• A core issue will be one of definitional scope: across multiple asserted patents, the dispute will likely center on whether Statista’s conventional web paywall overlay constitutes a "masking effect" or a "plurality of layers" as those terms are defined and used within the technical context of the patents-in-suit.
• A key evidentiary question will be one of technical implementation: for the DNS and web address translation patents (’656 and ’722), the case will likely turn on whether Statista's use of subdomains and domain redirects for its global platform performs the specific, claimed methods of access control and translation, or if this is merely the application of common, non-infringing web architecture practices.
• A third central question may concern patent eligibility: given that the patents relate to methods of controlling access to and distributing information online, the defendant may raise challenges under 35 U.S.C. § 101, arguing that the claims are directed to abstract ideas of previewing content or managing access privileges without a sufficient inventive concept.