DDB Tech v. MLB Advanced Media

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: DDB Technologies, L.L.C. (Texas)
  • Defendant: MLB Advanced Media, L.P. (Delaware)
  • Plaintiff’s Counsel: Winstead Sechrest & Minick P.C.; Baniak Pine & Gannon
• Case Identification: 1:04-cv-00352, W.D. Tex., 06/15/2004
• Venue Allegations: Plaintiff alleges venue is proper because Defendant transacts business in the district, including through the ownership and operation of the website MLB.com, which is accessible to users within the district.
• Core Dispute: Plaintiff alleges that Defendant’s online sports information services, such as the GAMEDAY feature on MLB.com, infringe four patents related to methods for encoding, broadcasting, and simulating live events using computer techniques.
• Technical Context: The technology concerns systems for capturing live event actions (e.g., a baseball game) as structured data, transmitting that data, and using it to generate a remote computer-based representation or simulation of the event for viewers.
• Key Procedural History: The complaint alleges an extensive pre-suit history, including multiple meetings between Plaintiff (and its predecessor) and Defendant (and its predecessor) between 1996 and 1999, during which Plaintiff’s technology and patents were allegedly demonstrated and discussed. Plaintiff also alleges that it offered Defendant a license in 2002, which Defendant did not acknowledge. This history forms the basis for Plaintiff's allegations of willful infringement.

Case Timeline

Date	Event
1990-06-25	Earliest Priority Date ('479', '347', '862' Patents)
1991-01-15	Priority Date ('630' Patent)
1993-02-23	'630 Patent Issued
1996-06-11	'479 Patent Issued
1996-Summer	Meetings begin between DDB's predecessor and MLB
1997-Spring	Meetings between DDB's predecessor and MLB conclude
1997-09-23	'347 Patent Issued
1999-Spring	Meetings resume between DDB and MLB
1999-09-23	DDB makes technology presentation to MLB representatives
1999-10-16	DDB makes proposal to MLB representative, who allegedly agrees to use the technology
1999-Late Oct	MLB informs DDB it does not intend to proceed with deal
1999-Nov	DDB contacts MLB to suggest alternative business relationships
2001-03-20	'862 Patent Issued
2002-03	DDB contacts MLBAM to offer terms for a non-exclusive license
2004-06-15	Complaint Filed

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

U.S. Patent No. 5,189,630 - "Method for Encoding and Broadcasting Information About Live Events Using Computer Pattern Matching Techniques"

The Invention Explained

• Problem Addressed: The patent's background section describes the limitations of traditional radio and television broadcasts of live events, noting that viewers cannot easily replay actions, view only selected portions, or be notified of specific "subevents of interest" (e.g., a specific player batting) ('630 Patent, col. 1:19–34).
• The Patented Solution: The invention proposes a method where a live event is broken down into a sequence of "subevents," which are described by computer-coded data representing specific actions and their parameters ('630 Patent, col. 2:16–24). This encoded description is broadcast, potentially alongside a traditional audio or video signal, allowing a remote viewer's computer to reconstruct a simulation of the event and enabling advanced features like searching and filtering for specific plays ('630 Patent, Abstract; col. 2:44–54).
• Technical Importance: This approach allows for broadcasting with less bandwidth than traditional video and enables new, interactive services for viewers, such as monitoring multiple events simultaneously or searching recorded events for specific highlights ('630 Patent, col. 2:6–15).

Key Claims at a Glance

• The complaint does not identify specific claims asserted against the Defendant. As an example, independent claim 1 of the '630 Patent includes the following essential elements:
  • Producing a first information signal comprising an audio description of the event.
  • Producing a second information signal including a sequence of symbolic representations for each subevent, including status variables.
  • Producing a broadcast signal by combining the first and second signals.
  • Transmitting the broadcast signal from a first location.
  • Receiving the broadcast signal at a second location.
  • Separating the broadcast signal into its constituent first and second information signals.
  • Analyzing the second (symbolic) signal using pattern-matching techniques to detect subevents of interest.
  • Selectively producing an audio representation based on the detection of subevents of interest.

U.S. Patent No. 5,526,479 - "Method and Apparatus for Broadcasting Live Events to Another Location and Producing a Computer Simulation of the Events at that Location"

The Invention Explained

• Problem Addressed: As with the '630 Patent, the '479 Patent addresses the shortcomings of conventional radio and television broadcasting, which lack interactivity and the ability for viewers to customize their experience or easily review specific plays ('479 Patent, col. 1:29–41).
• The Patented Solution: The invention describes a method where a live event, governed by a set of rules, is observed and converted into a sequence of "symbolic descriptions" that represent discrete actions ('479 Patent, col. 15:38–44). These descriptions are used to create and update a database file, which is then broadcast to a remote location where a viewer's computer can use the data to generate a computer simulation of the event ('479 Patent, col. 15:45–52).
• Technical Importance: This patent further develops the concept of treating a live event as a stream of structured data, formalizing the process of creating, storing in a database, and broadcasting this information to enable remote, data-driven simulations.

Key Claims at a Glance

• The complaint does not identify specific claims asserted against the Defendant. As an example, independent claim 1 of the '479 Patent includes the following essential elements:
  • Creating a set of symbols representative of actions involving physical exertion and skill.
  • Generating a sequence of symbolic descriptions, each representing a discrete sub-event.
  • Creating a database file corresponding to the event.
  • Updating the database file with the generated sequence of symbolic descriptions.
  • Broadcasting the symbolic descriptions in the updated database file.

Multi-Patent Capsule: U.S. Patent No. 5,671,347 - "Method and Apparatus for Broadcasting Live Events to Another Location and Producing a Computer Simulation of the Events at that Location"

• Patent Identification: U.S. Patent No. 5,671,347, "Method and Apparatus for Broadcasting Live Events to Another Location and Producing a Computer Simulation of the Events at that Location," issued September 23, 1997 (Compl. ¶9).
• Technology Synopsis: As a continuation of the application leading to the '479 Patent, this patent further claims methods and systems for broadcasting live events. The invention involves generating symbolic descriptions of sub-events, storing them in a centralized database, and providing them to a remote viewer computer that produces a simulation of the event ('347 Patent, Abstract). The claims cover the complete system, including an observer computer, a centralized database, and a viewer computer ('347 Patent, col. 18:46–65).
• Asserted Claims: The complaint does not specify asserted claims; representative independent claims include method claim 1 and system claim 18.
• Accused Features: The complaint accuses Defendant's internet-based services, such as GAMEDAY, which provide near real-time visualizations of live baseball games based on play-by-play data (Compl. ¶¶ 19, 22).

Multi-Patent Capsule: U.S. Patent No. 6,204,862 - "Method and Apparatus for Broadcasting Live Events to Another Location and Producing a Computer Simulation of the Events at that Location"

• Patent Identification: U.S. Patent No. 6,204,862 B1, "Method and Apparatus for Broadcasting Live Events to Another Location and Producing a Computer Simulation of the Events at that Location," issued March 20, 2001 (Compl. ¶10).
• Technology Synopsis: As a continuation of the application leading to the '347 Patent, this patent continues to claim methods related to generating computer simulation information for a live event. The claims focus on generating a sequence of symbolic descriptions for sub-events, creating transmission data from those descriptions, and broadcasting that data ('862 Patent, Abstract; col. 16:41–50).
• Asserted Claims: The complaint does not specify asserted claims; representative independent claims include method claim 1.
• Accused Features: The complaint accuses Defendant's services that generate and transmit game data over the internet for remote viewing and simulation (Compl. ¶¶ 19, 22).

III. The Accused Instrumentality

Product Identification

• The accused instrumentalities are services available on Defendant's MLB.com website, including GAMEDAY, CONDENSED GAMES, SEARCHABLE VIDEO, HIGHLIGHT REELS, and FANTASY PLAYER TRACKER (Compl. ¶¶ 19, 22).

Functionality and Market Context

• The complaint alleges these services disseminate information about live baseball games over the Internet using "computer simulation techniques" (Compl. ¶19). The GAMEDAY feature is described as using diagrams and text to show the current state of a game, with the display being "continually updated based on play-by-play data" (Compl. ¶19). Other services allegedly provide functionality to view shortened video versions of games (CONDENSED GAMES) or retrieve specific video clips based on user-selected criteria like player or play type (SEARCHABLE VIDEO) (Compl. ¶19).
• The complaint frames these services as embodying the inventions set forth in the DDB Patents (Compl. ¶19).

IV. Analysis of Infringement Allegations

The complaint does not provide a detailed mapping of accused product features to specific claim limitations. The following charts summarize a potential infringement theory for a representative claim from each of the lead patents, based on the general allegations in the complaint.

'630 Patent Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
producing a second information signal, said second information signal including a sequence of symbolic representations for each subevent of the event...	Defendant's systems allegedly generate play-by-play data feeds that describe the discrete actions of a baseball game.	¶19	col. 2:16-24
transmitting said broadcast signal from a first location...	Defendant allegedly transmits game data and related content from its servers over the Internet to end-users.	¶19	col. 2:44-45
receiving said broadcast signal at a second location...	A user's computer or device receives the game data broadcast by Defendant to render the GAMEDAY display or other services.	¶22	col. 2:46-49
analyzing said second information signal using pattern-matching techniques to detect subevents and status information of interest...	Defendant's SEARCHABLE VIDEO service allegedly allows users to retrieve video clips by selecting criteria such as player or type of play.	¶19	col. 2:62-65

'479 Patent Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
generating a sequence of symbolic descriptions, each description being a representation of one of the discrete sub-events...	Defendant's GAMEDAY feature is allegedly based on a stream of play-by-play data that describes the events of the game as they happen.	¶19	col. 15:41-44
creating a database file corresponding to the event...	Defendant's systems allegedly create and store game data in a database, which is used to power its various online services.	¶19	col. 15:45-46
updating said database file with a generated sequence of symbolic descriptions...	The GAMEDAY feature is allegedly "continually updated based on play-by-play data," suggesting real-time updates to the underlying database.	¶19	col. 15:47-49
broadcasting said symbolic descriptions in said updated database file.	Defendant allegedly disseminates the updated play-by-play data from its database over the Internet to users.	¶19	col. 15:50-52

No probative visual evidence provided in complaint.

• Identified Points of Contention:
  • Scope Questions: A central question may be whether the term "broadcasting," as used in patents from the early 1990s, can be construed to cover the client-server, request-response architecture of the modern Internet, as opposed to the one-way signal transmission common at the time of the invention.
  • Technical Questions: The complaint alleges the use of "computer simulation techniques" (Compl. ¶19). A potential point of dispute is whether the graphical and textual display of game states in the GAMEDAY feature constitutes a "computer simulation" as that term is described and enabled in the patents, which detail processes for updating a simulated clock and animating actions over time ('630 Patent, FIG. 11).

V. Key Claim Terms for Construction

• The Term: "computer simulation"

• Context and Importance: This term appears in the titles of the '479, '347, and '862 Patents and is central to the alleged infringement, as the complaint accuses Defendant of using "computer simulation techniques" (Compl. ¶19). The viability of the infringement claim may depend on whether Defendant's graphical and textual GAMEDAY feature is found to be a "computer simulation."

• Intrinsic Evidence for Interpretation:

  • Evidence for a Broader Interpretation: The '630 Patent specification states that actions can be represented to the viewer "either with visual images, audio images, or text, or some combination thereof" ('630 Patent, col. 2:51–54). This language could support an interpretation that includes text-and-diagram displays.
  • Evidence for a Narrower Interpretation: The detailed description of the simulation algorithm in the '630 Patent focuses on a dynamic process involving a "simulated clock," "status variables," and executing procedures "incrementally for each step of the time variable" to animate actions ('630 Patent, col. 10:65–col. 11:5; FIG. 11). A party might argue this disclosure limits the term to a more complex, time-based animation rather than a static display of game states.

• The Term: "symbolic representations" / "symbolic descriptions"

• Context and Importance: This is the core data element that the patents describe being generated and broadcast. The infringement case requires showing that Defendant's play-by-play data feed constitutes such "symbolic representations." Practitioners may focus on this term because the specific structure and content of Defendant's data feed will be compared against the patent's teachings.

• Intrinsic Evidence for Interpretation:

  • Evidence for a Broader Interpretation: The patents describe the invention as utilizing "computer encoded techniques to represent the actions of a live event with code symbols" ('630 Patent, col. 1:11–13). This could be interpreted broadly to cover any form of structured data that encodes game events.
  • Evidence for a Narrower Interpretation: The patents provide specific examples of data structures for subevents, including fields for a subevent number, start time, end time, and a set of actions with their own parameters ('630 Patent, FIG. 2; col. 5:25–45). A party could argue that this defines a specific structure that an accused data feed must meet to be considered a "symbolic representation."

VI. Other Allegations

• Indirect Infringement: The complaint makes general allegations of inducing and contributory infringement, stating Defendant's conduct induces "others to infringe" (Compl. ¶¶ 24, 28, 32, 36). The factual basis appears to be Defendant's provision of its online services to end-users, who then use the services.
• Willful Infringement: The complaint alleges that Defendant's infringement has been "wanton and willful" (Compl. ¶¶ 25, 29, 33, 37). This allegation is supported by extensive factual claims of pre-suit knowledge, including: Defendant's predecessor (MLB) having knowledge of the patents since at least 1996 (Compl. ¶21); multiple meetings and technology demonstrations between the parties from 1996–1999 where the patents were a "central issue" (Compl. ¶13); and an alleged statement by an MLB representative in 1999 of a decision "to use DDB's patented technology" before the deal was cancelled (Compl. ¶16). The complaint also alleges Plaintiff offered a license in 2002 that Defendant ignored (Compl. ¶20).

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

• A core issue will be one of technological scope: can claims drafted in the context of early 1990s broadcast technology be construed to cover the interactive, client-server architecture of the modern internet services provided by Defendant?
• A key definitional question will be one of functional correspondence: does Defendant's GAMEDAY feature—which presents game states through text and diagrams updated with play-by-play data—perform the function of a "computer simulation" as that term is taught and described in the patents' detailed specifications?
• A central evidentiary question will concern willfulness: given the extensive pre-suit interactions alleged, the case will likely turn on factual evidence regarding the specific content of communications between the parties from 1996 to 2002 and what knowledge and intent can be inferred from that history.