DCT
6:20-cv-00545
GreatGigz Solutions LLC v. LinkedIn Corp
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: GreatGigz Solutions, LLC (Florida)
- Defendant: LinkedIn Corporation (Delaware)
- Plaintiff’s Counsel: Garteiser Honea, PLLC; The Mort Law Firm, PLLC
- Case Identification: 6:20-cv-00545, W.D. Tex., 06/17/2020
- Venue Allegations: Plaintiff alleges venue is proper in the Western District of Texas based on Defendant’s maintenance of a regular and established business presence, including a substantial number of employees residing in the district and the operation of fundamental elements of the accused system, such as data centers, within the State of Texas.
- Core Dispute: Plaintiff alleges that Defendant’s professional networking and job-seeking platform infringes patents related to systems and methods for automatically providing recruitment information.
- Technical Context: The technology at issue concerns networked computer systems that automate the process of matching job seekers with job opportunities and notifying them of relevant openings.
- Key Procedural History: The complaint notes that during the prosecution of a related, non-asserted patent ('864 Patent), the patent examiner found the claims patent-eligible under 35 U.S.C. §101 in view of Alice, concluding they were not directed to an abstract idea. This may be raised by the Plaintiff to suggest the subject matter of the asserted patents, which share a specification, is also patent-eligible.
Case Timeline
| Date | Event |
|---|---|
| 1999-07-31 | Priority Date for ’194 and ’086 Patents |
| 2003-12-09 | U.S. Patent No. 6,662,194 Issued |
| 2009-02-10 | U.S. Patent No. 7,490,086 Issued |
| 2020-06-17 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 6,662,194 - "Apparatus and Method for Providing Recruitment Information"
The Invention Explained
- Problem Addressed: The patent's background section describes the shortcomings of pre-Internet job searching and recruitment, which were often limited by geographical constraints, personal contacts, and high costs associated with intermediaries like "headhunters." These processes could also compromise the confidentiality of both the job seeker and the hiring entity (U.S. Patent No. 6,662,194, col. 2:7-61).
- The Patented Solution: The invention proposes a centralized, network-based apparatus that automates the recruitment process. It includes a central computer system that stores information about job openings and job seeker requests in a database. Upon detecting a "searching event," the system processes this information, generates a message about a relevant job opening that is responsive to the seeker's request, and transmits it to the individual's communication device "in real-time" ('194 Patent, Abstract; col. 12:9-20). The system is designed to overcome prior art limitations by creating a more efficient, widespread, and confidential marketplace for employment opportunities ('194 Patent, col. 3:15-24).
- Technical Importance: The invention describes a technical framework for moving recruitment services from manual, intermediary-driven processes to an automated, networked system that provides immediate notifications, a foundational concept for modern online job platforms (U.S. Patent No. 6,662,194, col. 4:15-25).
Key Claims at a Glance
- The complaint asserts at least independent Claim 1 (Compl. ¶33).
- Claim 1 requires an apparatus comprising:
- A memory device for storing information regarding at least one of a job opening, position, assignment, contract, and project, and information regarding a job search request.
- A processing device for processing information regarding the job search request upon a detection of an occurrence of a searching event.
- Wherein the processing device utilizes information regarding the job opening stored in the memory device.
- And further wherein the processing device generates a message containing information regarding the job opening, wherein the message is responsive to the job search request.
- A transmitter for transmitting the message to a communication device associated with an individual in real-time.
- 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"
The Invention Explained
- Problem Addressed: As a continuation of the application leading to the ’194 Patent, the ’086 Patent addresses the same technical problems of inefficiency, high cost, and lack of confidentiality in traditional recruitment methods (U.S. Patent No. 7,490,086, col. 2:7-61).
- The Patented Solution: The ’086 Patent also describes a networked apparatus for automated recruitment. The key distinction articulated in the abstract is a more specific definition of the "searching event" that triggers the system's processing. These events include not just a job posting, but also events like a news release, an economic report, or other occurrences that might create a new hiring need or an individual's interest in seeking a position (’086 Patent, Abstract). This expands the automated monitoring capabilities beyond simple new-listing alerts.
- Technical Importance: This patent builds on the '194 patent's framework by proposing a more sophisticated triggering mechanism, suggesting a system that could proactively identify opportunities based on a wider range of real-world events, not just explicit job postings (’086 Patent, col. 5:64-col. 6:9).
Key Claims at a Glance
- The complaint asserts at least independent Claim 1 (Compl. ¶74).
- Claim 1 requires an apparatus comprising:
- A memory device which stores information regarding a job opening, position, assignment, contract, or project, and information regarding a job search request or inquiry.
- A processing device which processes the information regarding the job search request upon an automatic detection of an occurrence of a searching event.
- Wherein the searching event is an occurrence of a job posting, a posting of new or revised data or information, a news release of a business event, an employment-related event, an economic report, industry-specific news, an event which creates a need to fill a position, or an event which creates an interest to seek a position.
- And generates a message containing information regarding the job opening responsive to the job search request.
- A transmitter which transmits the message to a communication device associated with an individual.
- The complaint does not explicitly reserve the right to assert dependent claims.
III. The Accused Instrumentality
Product Identification
The accused instrumentalities are the LinkedIn website (www.linkedin.com) and its ancillary sites, including the LinkedIn Talent Site, ProFinder Site, and Talent Solutions Site. The complaint collectively refers to the underlying servers, hardware, software, and interconnected infrastructures as the infringing apparatus (Compl. ¶29, ¶34).
Functionality and Market Context
The complaint alleges that the accused LinkedIn platform provides job search services to individuals and recruiters. Its functionality includes storing data on "job openings, positions, assignments, contracts, and projects" in what LinkedIn calls its "Storage Infrastructure," which uses datastores like Espresso (Compl. ¶38-39, ¶41). The complaint alleges that users' job search requests and inquiries are also stored, for example, when a user sets a "Job Search Alert" (Compl. ¶44, ¶47). The system's "Search Infrastructure" allegedly processes these user inquiries against stored job data to generate responsive results and notifications (Compl. ¶50). The complaint includes a diagram from a LinkedIn engineering blog that illustrates the architecture for its "Talent Search" functionality (Compl. p. 12, Figure 6). These notifications are allegedly delivered to users through email or on-platform alerts, with LinkedIn allegedly engineering its system for "real-time responsiveness" using technologies like Apache Kafka (Compl. ¶62, ¶66).
IV. Analysis of Infringement Allegations
6,662,194 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a memory device for storing information regarding at least one of a job opening...and information regarding a job search request | The LinkedIn "Storage Infrastructure," comprising data centers and servers using the Espresso datastore, allegedly stores information regarding job openings and user job search requests, such as criteria saved in a "Job Search Alert" or a "Jobs Tracker" (Compl. p. 23). | ¶38, ¶41, ¶47-48 | col. 14:27-46 |
| a processing device for processing information regarding the job search request upon a detection of an occurrence of a searching event | The LinkedIn "Search Infrastructure" allegedly comprises a processing device that processes a user's job search request upon a "searching event," such as when an employer posts a new job that matches the user's saved "Job Search Alert" criteria (Compl. p. 25). | ¶49-50, ¶52, ¶54 | col. 12:21-25 |
| wherein the processing device utilizes information regarding the at least one of a job opening...stored in the memory device, and further wherein the processing device generates a message containing information...responsive to the job search request | The processing device allegedly utilizes the stored job opening information to find a match with the user's search elements. When a match is found, it allegedly generates a responsive message, such as an email or a notification via the LinkedIn homepage, alerting the user to the new job opening. | ¶59-61 | col. 22:42-49; 22:58-62 |
| a transmitter for transmitting the message to a communication device associated with an individual in real-time | The LinkedIn system allegedly includes a transmitter for delivering notifications, which are described as "Instant" and received "within minutes." The complaint cites LinkedIn's use of the Kafka messaging platform as a "universal pipeline" engineered for "real-time responsiveness" and "near realtime access to any data source" (Compl. p. 31). | ¶63, ¶65-66 | col. 23:3-11 |
7,490,086 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a memory device which stores information regarding a job opening...and information regarding a job search request or inquiry | The accused LinkedIn system allegedly comprises a "Storage Infrastructure" with data centers and servers that store information regarding job openings as well as user job search requests and inquiries, such as when users set "Job Search Alerts" or express interest in being open to opportunities (Compl. p. 26). | ¶79-80, ¶85, ¶89 | col. 14:27-46 |
| a processing device which processing the information regarding the job search request or inquiry upon an automatic detection of an occurrence of a searching event, wherein the searching event is an occurrence of a job posting...a posting of new or revised data...an event which creates an interest by at least one employer...or an event which creates an interest by at least one individual to seek a position | The LinkedIn processing device allegedly processes user inquiries upon detecting a searching event. The complaint provides examples mapping to the claim's definition: a "job posting by...one hiring entity" triggers a Job Search Alert (Compl. ¶96); a "posting of new or revised data...from at least one individual" occurs when a user informs recruiters of their interest in new opportunities (Compl. ¶97); and an event creating an interest by an employer occurs when a recruiter searches for qualified employees who have signaled they are open to opportunities (Compl. ¶97). | ¶94, ¶96-98 | col. 29:6-21 |
| and generates a message, containing the information regarding a job opening...responsive to the job search request or inquiry | The processing device allegedly generates a message, such as an email or on-site notification, that contains information about the job opening identified by the "Job Search Alert" algorithm. The message is allegedly sent to the user specifically because it is responsive to their defined search criteria. | ¶102-103 | col. 22:58-62 |
| and a transmitter which transmits the message to a communication device associated with an individual | The LinkedIn system is alleged to comprise a transmitter for delivering the various forms of messages (email, notifications) to the user's communication device. The complaint alleges these notifications are designed to be delivered "within minutes when a job that meets their criteria...is posted" (Compl. p. 42). | ¶105-106 | col. 23:3-11 |
Identified Points of Contention
- Scope Questions: A central question may be the scope of the term "in real-time" from the '194 Patent. The court may need to determine if this 1999-era term can be construed to cover the "instant" or "near real-time" functionality of modern, distributed, asynchronous systems like those allegedly used by LinkedIn (e.g., Kafka), or if it implies a more specific, direct, and immediate form of transmission contemplated by the patent's specification.
- Technical Questions: For the '086 Patent, a key factual question may be whether the complaint provides sufficient evidence that LinkedIn's system "automatically detects" the full range of "searching events" required by Claim 1. While the complaint maps infringement to a "job posting" and a user "posting new or revised data" about their job interests, it is less clear what evidence supports the automatic detection of external events like a "news release of a business event" or an "economic report" to trigger a job alert.
V. Key Claim Terms for Construction
The Term: "searching event"
Context and Importance: This term defines the trigger for the claimed invention's core functionality. Its construction will be critical for determining infringement of both patents, particularly the '086 Patent, where it is defined with a specific list of occurrences. Practitioners may focus on whether the term is limited to the enumerated examples or can encompass other, similar triggers.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes the invention as being triggered by "any type of pre-specified event and/or occurrence" related to job searching, which could support a broad reading beyond just the specific examples listed in the claims or abstract ('194 Patent, col. 5:64-66).
- Evidence for a Narrower Interpretation: Claim 1 of the '086 Patent defines "searching event" with a list of specific occurrences connected by "or." A defendant may argue that this list is exhaustive and that the claim scope does not extend to other types of events. The abstract of the '194 patent, while not listing as many events, still focuses on the "occurrence of a searching event" in the context of matching a job request to a job opening, which could be argued to limit the scope to events directly related to that matching process.
The Term: "in real-time"
Context and Importance: This term, appearing in Claim 1 of the '194 Patent, is central to the invention's purported advance over prior art methods. Its meaning will be pivotal, as the allegedly infringing system operates on a modern internet architecture that may not function in the same manner as systems contemplated in 1999.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification does not provide a specific technical definition, which may support giving the term its plain and ordinary meaning: a transmission that is perceived by the user as being immediate or without undue delay. The complaint's citation to LinkedIn's marketing of "instant" job alerts and delivery "within minutes" could support this broader, functional interpretation (Compl. ¶65).
- Evidence for a Narrower Interpretation: A defendant may argue that in the context of 1999-era technology, "real-time" implied a specific type of computer processing (e.g., a direct, synchronous connection and transmission) that is technically distinct from the asynchronous, queue-based messaging systems (like Kafka) allegedly used by the accused instrumentality. The patent does not describe such modern architectures.
VI. Other Allegations
Willful Infringement
The complaint alleges that Defendant’s infringement became willful and deliberate at least as of the date it received service of the complaint, giving it actual notice of the asserted patents. The pleading requests enhanced damages based on this alleged post-notice conduct (Compl. ¶68, ¶108).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "in real-time," as claimed in the '194 patent with a 1999 priority date, be construed to cover the "instant" but architecturally distinct notification systems of a modern, large-scale web platform like LinkedIn?
- A key evidentiary question will be one of functional operation: what evidence will demonstrate that the accused system "automatically detects" the broad range of external business and economic events—beyond simple job postings or user profile updates—that are explicitly recited as "searching events" in Claim 1 of the '086 Patent?
- A third question will relate to patent eligibility: although not raised as a defense in the complaint, given the technology area, the eligibility of the claims under 35 U.S.C. §101 may become a central point of dispute, focusing on whether the claims are directed to an abstract idea of matching job seekers to jobs or to a patent-eligible improvement in computer functionality.