DCT
1:23-cv-01225
iCharts LLC v. Tableau Software LLC
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: iCharts LLC (Delaware)
- Defendant: Tableau Software, LLC (Delaware)
- Plaintiff’s Counsel: Dykema Gossett PLLC; Womble Bond Dickinson (US) LLP
- Case Identification: 1:23-cv-01225, W.D. Tex., 10/10/2023
- Venue Allegations: Plaintiff alleges venue is proper because Defendant maintains a regular and established place of business in Austin, Texas, and has committed acts of infringement in the district, including developing, marketing, and selling the accused software.
- Core Dispute: Plaintiff alleges that Defendant’s Tableau data visualization platform infringes patents related to the creation of self-contained, interactive charts that can be embedded in third-party websites while retaining client-side interactivity.
- Technical Context: The technology concerns web-based data visualization, specifically the architectural shift from server-side rendering of charts to client-side rendering, which allows for greater interactivity and scalability when charts are shared and embedded across the internet.
- Key Procedural History: The complaint alleges that in 2017, the parties discussed a potential acquisition during which Plaintiff made Defendant aware of its patent portfolio, including the Asserted Patents. This allegation forms the basis for Plaintiff's claim of willful infringement.
Case Timeline
| Date | Event |
|---|---|
| 2008-07-02 | ’892 Patent Priority Date |
| 2008-09-05 | ’892 Patent Application Filing Date |
| 2009-02-17 | ’000 Patent Application Filing Date |
| 2010-01-01 | Accused Product Tableau Public v5.1 Launch (approx. "beginning of 2010") |
| 2012-09-18 | ’892 Patent Issue Date |
| 2013-03-01 | Accused Product Tableau Online v8.0 Launch (approx. "March 2013") |
| 2013-08-27 | ’000 Patent Issue Date |
| 2014-10-31 | ’595 Patent Application Filing Date |
| 2017-07-18 | ’595 Patent Issue Date |
| 2017-08-01 | Alleged Date of Tableau's Knowledge of Asserted Patents (approx. "August 2017") |
| 2023-10-10 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,271,892 - “Creation, Sharing and Embedding of Interactive Charts”
The Invention Explained
- Problem Addressed: At the time of the invention, web-based charts were typically static images. To mimic interactivity, a user’s action (e.g., moving a slider) would require a call back to a server to re-render the chart and send a new static image to the user's browser, an architecture that was not scalable or fluid (Compl. ¶21). Furthermore, when charts were embedded in documents, they lost interactivity entirely (’892 Patent, col. 1:40-44).
- The Patented Solution: The invention describes a system and method for creating a "self-contained and independent" interactive chart object, such as a Flash file, using an "online portal" (Compl. ¶36; ’892 Patent, Abstract). This object encapsulates the necessary code and data to render the chart and handle user interactions on the client-side, allowing it to be embedded in external webpages or documents while retaining its interactivity, decoupled from the original generation system (’892 Patent, col. 9:51-54; Compl. ¶¶36, 41).
- Technical Importance: This client-side architectural shift enabled interactive data visualizations to be created, shared, and embedded across the internet in a scalable manner, fundamentally changing how users could interact with data on third-party websites (Compl. ¶¶26, 31).
Key Claims at a Glance
- The complaint asserts at least independent claim 1 (Compl. ¶54).
- Claim 1 of the ’892 Patent recites a computer system comprising:
- a data module configured to store data;
- a chart template module configured to store chart templates;
- a generation module configured to generate an interactive chart on a generation interface;
- a sharing module configured to enable a user to publish or embed the interactive chart as a “self-contained and independent electronic document”;
- wherein the document retains its interactivity (e.g., can be re-rendered using user input) when opened in the absence of the generation interface and chart template module.
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 8,520,000 - “Creation, Sharing and Embedding of Interactive Charts”
The Invention Explained
- Problem Addressed: Prior to the invention, incorporating interactive charts into a website required a programmer to "develop the chart, link it to a data source and embed it onto the web-site," creating a technical and cost barrier (’000 Patent, col. 16:47-48; Compl. ¶48).
- The Patented Solution: The ’000 Patent, a continuation-in-part of the ’892 Patent, discloses a method using a "chart box," described as a web widget, that can be embedded on a website (Compl. ¶¶46-47). A user, operating on a first website (e.g., a design portal), can select one or more interactive charts and, through an action like drag-and-drop, associate them with the chart box. The chart box, embedded on a second website, can then display the selected interactive chart(s) without requiring reprogramming of that second website (’000 Patent, Abstract; ’000 Patent, col. 16:38-44).
- Technical Importance: This technology simplified the process of publishing and updating complex visual data on the web, "effectively removing a barrier to more visual data content" by eliminating the need for programming expertise for embedding or changing charts (’000 Patent, col. 16:56-59; Compl. ¶48).
Key Claims at a Glance
- The complaint asserts at least independent claim 1 (Compl. ¶65).
- Claim 1 of the ’000 Patent recites a computer-implemented method comprising the steps of:
- receiving a selection, on a first website, of at least one interactive chart from a plurality of interactive charts;
- displaying, in response to the selection, the at least one interactive chart embedded in a "chart box on a second website," where the chart box is a web widget;
- wherein the chart is generated on a separate generation interface and retains its interactivity on the second website in the absence of that interface.
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 9,712,595 - “Creation, Sharing and Embedding of Interactive Charts”
- Technology Synopsis: The ’595 Patent is a continuation of the ’000 Patent and claims a system for creating interactive charts. The system comprises a memory storing a chart template and a processor that executes instructions to generate a user interface on a first website, receive data and template selections, and generate an interactive chart (Compl. ¶¶51-52). A network interface then transmits the generated chart to a second website for display, where it can be updated based on user input without executing the original generation instructions (Compl. ¶52).
- Asserted Claims: At least independent claim 1 (Compl. ¶74).
- Accused Features: The complaint accuses the Tableau platform's functionality that allows users to create an interactive chart on its service and then use a "Publish" operation to transmit the chart for display on a second website, where it remains interactive (Compl. ¶¶76, 79).
III. The Accused Instrumentality
Product Identification
- The complaint accuses the Tableau software platform, including but not limited to Tableau Cloud, Tableau Desktop, Tableau Server, Tableau Public, Tableau Prep, Tableau AI, and other related software, collectively referred to as the "Accused Products" (Compl. ¶12).
Functionality and Market Context
- The Accused Products constitute a data analytics and visualization platform that allows users to prepare, create, and share interactive visualizations (Compl. ¶¶9, 56). A core accused functionality is the ability for a user to create a dashboard or interactive chart within the Tableau ecosystem and then "Publish" it (Compl. ¶60, ¶69). This operation allows the visualization to be transmitted and embedded on external websites, where it can be viewed and interacted with by other users (Compl. ¶60, ¶69).
- The complaint alleges that Tableau's adoption of a client-side re-rendering architecture, similar to that of the Asserted Patents, was a key step in its growth and that this architecture is now an industry standard (Compl. ¶¶30-31).
IV. Analysis of Infringement Allegations
No probative visual evidence provided in complaint.
U.S. Patent No. 8,271,892 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a computer system comprising: | Tableau maintains a fully-hosted, cloud-based computer system for its platform. | ¶56 | col. 18:21-22 |
| a data module configured to store data; | The Tableau system allows users to prepare and manage data, which is stored on Tableau-controlled servers. | ¶57 | col. 18:23-24 |
| a chart template module configured to store chart templates; | The Tableau system provides workbooks described as "templates" that users select to create interactive charts. | ¶58 | col. 18:25-27 |
| a generation module configured to generate an interactive chart on a generation interface... | The Tableau system allows users to select chart data and a template to create an interactive chart. | ¶59 | col. 18:28-34 |
| a sharing module configured to enable a user to publish or embed the interactive chart as a self-contained and independent electronic document, | The Tableau system provides a "Publish" operation via a network interface that allows users to transmit interactive charts to other websites. | ¶60 | col. 18:35-38 |
| wherein the self-contained and independent interactive chart... enables a user to a) render the chart, b) obtain input from a user and c) rerender the chart... to retain interactivity when published or embedded. | The published interactive chart can be seen and modified (e.g., via a zoom function) on a second website, in the absence of the original generation interface. | ¶60 | col. 18:39-48 |
Identified Points of Contention
- Scope Questions: A central point of contention may be whether the modular components of the Tableau platform constitute the claimed "data module," "chart template module," "generation module," and "sharing module." The analysis will depend on whether Tableau's integrated software architecture can be mapped onto these functionally claimed modules.
- Technical Questions: A key question is whether a "published" Tableau chart is a "self-contained and independent electronic document." The analysis may explore the extent to which an embedded Tableau chart remains dependent on Tableau's servers for its interactivity logic, versus just for data updates, and whether this aligns with the patent's description of a decoupled object.
U.S. Patent No. 8,520,000 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| receiving a selection, on a first website, of at least one interactive chart from a plurality of interactive charts... | The Accused Products receive a user's selection of a chart to create, where the selection is made via drag-and-drop within the Tableau interface. | ¶68 | col. 18:24-26 |
| wherein the at least one interactive chart is generated on a generation interface configured to allow a user to generate the interactive chart with a chart template from a chart template store... | Tableau Cloud allows users to create a chart by selecting data and then choosing from an assortment of template examples. | ¶68 | col. 18:30-33 |
| displaying, in response to the selection the at least one interactive chart embedded in a chart box on a second website, wherein the chart box is a web widget... | The Accused Products provide a "Publish" operation that allows the created chart to be transmitted and seen on a second website. | ¶69 | col. 18:27-29 |
| wherein the at least one interactive chart, when displayed on the second website in the absence of the generation interface, enables a user to... rerender the chart using the input thereby enabling the interactive chart to retain interactivity. | The "published" chart on the second website can be modified via interactive functions (e.g., zoom) without using the user interface on the first website. | ¶69 | col. 18:34-39 |
Identified Points of Contention
- Scope Questions: The analysis may focus on whether Tableau's embedding and "Publish" mechanism constitutes a "chart box" that is a "web widget," as those terms are used in the patent.
- Technical Questions: A factual question will be whether the user interaction of creating a chart in the Tableau ecosystem and publishing it to an external site maps onto the claimed sequence of "receiving a selection, on a first website" and "displaying...on a second website." The distinction and separation between the "first" and "second" websites as alleged will be a focal point.
V. Key Claim Terms for Construction
“self-contained and independent electronic document” (’892 Patent, Claim 1)
- Context and Importance: This term is central to the ’892 Patent's infringement theory. Its construction will determine whether an embedded Tableau visualization, which may communicate with Tableau servers for data or other resources, can be considered "independent" of the "generation interface" as required by the claim. Practitioners may focus on whether "independent" refers to functional independence for interactivity logic or a complete severance of communication.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim language itself focuses on the ability of the document to "retain interactivity when published or embedded" and be re-rendered "in absence of the generation interface and the chart template module" (’892 Patent, cl. 1). This could support an interpretation where the key is functional independence of the generation logic, even if data is fetched separately.
- Evidence for a Narrower Interpretation: The specification repeatedly describes the interactive chart as a "flash file" and states that "the interactive charts that are downloaded are self-contained flash files independent of the web portal" (’892 Patent, col. 9:51-54, col. 10:7-8). This could support an argument that the term requires a single, portable file containing all necessary code for interactivity, distinct from a system that relies on calls to external scripts or servers.
“chart box” (’000 Patent, Claim 1)
- Context and Importance: Infringement of the ’000 Patent hinges on whether Tableau's embedding functionality constitutes a "chart box." The term's construction will clarify whether it covers any generic embeddable web component or requires a more specific implementation detailed in the patent.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim states, "wherein the chart box is a web widget," potentially defining the term broadly to encompass any portable, embeddable application component, a common meaning for "widget" (’000 Patent, cl. 1). The abstract also refers to a "chart box tool" for embedding charts without reprogramming a website, suggesting a focus on function over form (’000 Patent, Abstract).
- Evidence for a Narrower Interpretation: The specification describes a specific user interface where charts are selected from a "charting pane" and dragged "onto the chart box folder 4520," which is "connected to the chart box 4304" (’000 Patent, col. 16:38-44). This could support a narrower construction requiring a system with this specific folder-based selection architecture.
VI. Other Allegations
- Indirect Infringement: The complaint alleges that Tableau induces infringement by providing its customers with functionality, instructions, and user manuals that direct and encourage them to create and publish interactive charts in an infringing manner (Compl. ¶¶ 62, 71, 81). Contributory infringement is also alleged on the basis that the Accused Products have no substantial non-infringing uses and are specifically adapted for infringement (Compl. ¶¶ 62, 71, 81).
- Willful Infringement: The complaint alleges that Tableau has had knowledge of the Asserted Patents and its infringement since at least August 2017, based on alleged acquisition discussions between the parties (Compl. ¶¶ 32, 61, 70, 80). Plaintiff seeks treble damages based on this alleged pre-suit knowledge (Compl. p. 26, ¶d).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of architectural mapping: can the functional modules recited in the '892 patent’s claims—such as the "generation module" and "sharing module"—be mapped onto the actual software architecture of the integrated Tableau Platform, or is there a fundamental structural mismatch?
- A central question of definitional scope will concern the term "self-contained and independent electronic document." The case may turn on whether this term can be construed to cover an embedded Tableau visualization that maintains communication with Tableau's servers for data, or if it requires a fully portable file containing all logic for interactivity, decoupled from any server communication for its core functions.
- A key evidentiary question will relate to willfulness: what specific information regarding the Asserted Patents was conveyed during the alleged 2017 acquisition discussions, and does that evidence rise to the level of pre-suit knowledge of infringement sufficient to support a finding of willfulness?