DCT
6:20-cv-00762
Wireless Discovery LLC v. Bumbl
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Wireless Discovery LLC (Delaware)
- Defendant: Bumble Trading Inc., Bumble Holding, LTD, Badoo Trading LTD., and related entities (collectively "Defendants") (Various, including Delaware, Texas, and United Kingdom)
- Plaintiff’s Counsel: Ramey & Schwaller, LLP
- Case Identification: 6:20-cv-00762, W.D. Tex., 08/21/2020
- Venue Allegations: Venue is alleged as proper for U.S.-based defendants Bumble Trading Inc. and Chappy Limited because they have a regular and established place of business in Austin, Texas, and have allegedly committed acts of infringement in the district. For foreign-based defendants, venue is alleged as proper because they are not subject to the U.S. patent venue statute.
- Core Dispute: Plaintiff alleges that Defendants’ social networking and online dating applications (Bumble, Badoo, Chappy, and Lumen) infringe patents related to systems and methods for discovering nearby network members using location information and personal attributes.
- Technical Context: The technology at issue falls within the domain of location-based mobile social networking, a market segment focused on connecting users based on geographic proximity.
- Key Procedural History: No prior litigation, Inter Partes Review (IPR) proceedings, or significant prosecution history events are mentioned in the complaint.
Case Timeline
| Date | Event |
|---|---|
| 2008-01-10 | Earliest Priority Date for all Patents-in-Suit |
| 2014-12-16 | U.S. Patent No. 8,914,024 Issues |
| 2014-XX-XX | Bumble App Founded |
| 2016-02-16 | U.S. Patent No. 9,264,875 Issues |
| 2019-06-11 | U.S. Patent No. 10,321,267 Issues |
| 2019-06-25 | U.S. Patent No. 10,334,397 Issues |
| 2020-08-21 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,914,024 - "Discovery of Network Members By Personal Attributes"
- Issued: December 16, 2014
The Invention Explained
- Problem Addressed: The patent family describes a need for mobile device users to discover and exchange information with other individuals in their vicinity based on personal attributes, overcoming the limitations of then-existing technologies that were often restricted by hardware brand or required direct line-of-sight. (’267 Patent, col. 1:25-39).
- The Patented Solution: The invention proposes a system where mobile phones use short-range wireless networks, such as Bluetooth or WiFi, to discover other nearby devices. (Compl. ¶19). A first device detects a second device and obtains a "unique ad hoc network identifier." (Compl. ¶20). This identifier is sent to a central server, which then retrieves the second user's profile information (e.g., photo, name) and transmits it to the first user's device, facilitating a potential connection. (’024 Patent, Fig. 6).
- Technical Importance: This approach sought to combine direct, localized device discovery (via ad-hoc networks) with the richer data available from a centralized social network server, enabling non-anonymous, attribute-based introductions between physically proximate strangers. (’267 Patent, col. 2:16-24).
Key Claims at a Glance
- The complaint asserts a system claim, which appears to be Independent Claim 1.
- Essential elements of the asserted system claim include:
- A server configured to communicate personal information between users of mobile devices.
- Each mobile device is connected to a telecommunications provider network and also to a short-range wireless communication protocol through an ad hoc wireless network.
- The server is configured to store user profile information, including personal attributes and a mobile device address.
- The server is configured to receive, from a first mobile device, a "unique ad hoc network identifier for the second mobile communications device."
- The server is configured to locate information about the second user from a social network file and transmit it to the first device.
U.S. Patent No. 9,264,875 - "Location-Based Discovery Of Network Members By Personal Attributes For Alternate Channel Communication"
- Issued: February 16, 2016
The Invention Explained
- Problem Addressed: The problem is consistent with the '024 Patent: enabling discovery and connection between mobile users in a social network based on proximity and attributes. (’875 Patent, col. 1:24-39).
- The Patented Solution: The ’875 Patent describes a system centered on a "computing device" (server) that allows social network members to find one another based on location. (Compl. ¶32). Discovery can be based on an ad hoc network or on location data reported through the mobile network. (’875 Patent, Abstract). After discovery and consent, users are connected via alternate channels like SMS, chat, or email for communication. (Compl. ¶32).
- Technical Importance: This patent broadens the discovery mechanism beyond a strict reliance on ad hoc networks, explicitly including discovery based on location data reported over standard mobile networks, reflecting an architecture more common in modern applications. (’875 Patent, Abstract).
Key Claims at a Glance
- The complaint asserts a system claim, which appears to be Independent Claim 1.
- Essential elements of the asserted system claim include:
- A computing device (server) configured to allow communication between social network members using mobile devices.
- The computing device provides access to stored user profiles containing a picture, name, and location.
- The computing device is configured to receive an inquiry from a first user about members who are "close by in proximity to a current location of said first user."
- The computing device determines the proximity of users and sends an invitation to a second user to connect with the first user.
- The computing device provides services for personal communication, such as chat or instant messaging.
U.S. Patent No. 10,321,267 - "Location-Based Discovery Of Network Members"
- Issued: June 11, 2019
- Technology Synopsis: This patent describes a technique for members of a social network to discover others nearby using mobile devices. It focuses on associating a unique hardware ID of each member's device with their personal profile on a network server. (Compl. ¶45). The system determines proximity using static or dynamic location data (e.g., mobile radio frequency or IP information) to return search results with pictures, names, and locations. (’267 Patent, Abstract).
- Asserted Claims: A system claim, appearing to be Independent Claim 1, is asserted. (Compl. ¶46).
- Accused Features: The accused features are the server-based systems of the dating apps that store static and receive dynamic location data to calculate user proximity and provide profiles of nearby members for connection. (Compl. ¶46).
U.S. Patent No. 10,334,397 - "Interaction tracking and organizing system"
- Issued: June 25, 2019
- Technology Synopsis: This patent discloses a server that cross-references a first user's device location with other registered members in spatial proximity. (Compl. ¶58). The server returns results with personal attributes (pictures, names) and facilitates sending an invitation to connect using tools like email or SMS. The system tracks the invitation and acceptance/rejection process. (’397 Patent, Abstract).
- Asserted Claims: A server claim, appearing to be Independent Claim 1, is asserted. (Compl. ¶59).
- Accused Features: The accused features are the server systems of the dating apps that store user profiles, identify nearby members based on location, provide those profiles to an inquiring user, and manage the connection/invitation process between users. (Compl. ¶59).
III. The Accused Instrumentality
Product Identification
The accused instrumentalities are the social networking and online dating applications Bumble, Badoo, Chappy, and Lumen, and their associated backend server systems. (Compl. ¶17).
Functionality and Market Context
The complaint describes the accused products as systems that allow users to create profiles with personal attributes (e.g., name, photo, location) and view the profiles of other users who are geographically nearby. (Compl. ¶20, ¶33). For example, the Bumble app "shows you people in or very close to your location" and allows users to "swipe through all of the people," which means browsing profiles of people nearby. (Compl. ¶9, ¶14). The apps facilitate connections between users who express mutual interest, after which they can communicate through messaging features provided by the platform. (Compl. ¶16, ¶17). A screenshot from the Badoo application shows a user profile with a picture, name, age, and professional information, illustrating the type of personal attributes disclosed. (Compl. p. 49).
IV. Analysis of Infringement Allegations
‘024 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a server configured to communicate personal information between a first user and a second user...each also connected to a short range wireless communication protocol through an ad hoc wireless network; | The Bumble app comprises servers for communication, and each mobile phone can connect to a short-range wireless protocol, allegedly through an "ad hoc wireless network." | ¶20 | col. 4:1-14 |
| the server...configured to receive from the first mobile communications device a received unique ad hoc network identifier for the second mobile communications device... | The Android platform provides a Bluetooth communication API that allows a first device to search for a second device and get its MAC address, which is alleged to be the "unique ad hoc network identifier." | ¶20 | col. 4:32-41 |
| wherein the server is configured to...locate information about the second user from a social network file...including a name and image of the second user, and transmit this information to the first mobile communications device | The server receives the alleged identifier and locates the second user's profile, which includes a name and image. Bumble shows users profiles of people in their vicinity. | ¶20 | col. 4:42-53 |
Identified Points of Contention
- Technical Questions: A primary technical question is whether the accused apps actually perform discovery as claimed, i.e., by using a short-range protocol like Bluetooth to obtain a "unique ad hoc network identifier" (e.g., MAC address) from a nearby phone and then sending that specific identifier to the server. The complaint cites general Android Bluetooth APIs but provides little direct evidence that the accused apps implement this specific logic, as opposed to simply reporting GPS/cellular-derived location coordinates to the server.
- Scope Questions: The dispute may turn on the scope of "ad hoc wireless network." The complaint's evidence often points to location services that rely on GPS and WiFi access points, which may not be considered an "ad hoc wireless network" in the sense of direct device-to-device communication contemplated by the patent’s embodiments.
‘875 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a computing device configured to allow communication between a plurality of members of a social network... | Defendants' servers comprise a computing device allowing communication between members of their social networks (Bumble, Badoo, etc.). | ¶33 | col. 10:1-4 |
| the computing device configured to receive an inquiry from said first user about members in said social network who are close by in proximity to a current location of said first user... | The Bumble app "shows you people in or very close to your location" and "find[s] other users in places nearby," which constitutes receiving an inquiry about nearby members. A screenshot from the Lumen app shows a "Discover" tab for finding nearby users. | ¶33, ¶105 | col. 10:20-25 |
| the computing device configured to determine proximity of the locations of the first and second mobile communication devices...and to send to the second...device an invitation to connect... | After users mutually "right-swipe" on each other, indicating interest, a "match" occurs, which constitutes a determination of proximity and an invitation to connect. | ¶33 | col. 10:48-59 |
| the computing device configured to provide services between users for personal communication, the personal communication comprising services including...chat/instant messaging... | The apps provide personal communication services, including chat and messaging functionality, after a connection is made. | ¶33 | col. 11:1-5 |
Identified Points of Contention
- Scope Questions: The analysis may focus on whether the user action of swiping through a list of server-provided profiles constitutes "receiv[ing] an inquiry from said first user about members...who are close by" in the manner claimed. A defendant could argue this is passive browsing of server results rather than an active "inquiry" that initiates a proximity search.
- Technical Questions: The claim requires the computing device to "determine proximity." The evidence provided shows the app displaying users based on location, but the specific technical method for how the server "determines" this proximity (e.g., the algorithms or thresholds used) is not detailed in the complaint, which could become an evidentiary question.
V. Key Claim Terms for Construction
For the ’024 Patent
- The Term: "unique ad hoc network identifier"
- Context and Importance: This term is critical because the infringement theory for the ’024 Patent hinges on the accused apps obtaining this specific type of identifier (allegedly a Bluetooth MAC address) via a short-range, ad-hoc network and sending it to the server. If the apps primarily use GPS coordinates or other location data, and not this specific type of identifier, the infringement argument may be weakened.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent does not explicitly limit the term to a MAC address. A party could argue it covers any unique identifier obtainable over a short-range ad-hoc protocol that distinguishes one device from another.
- Evidence for a Narrower Interpretation: The specification’s focus on Bluetooth as the exemplary ad-hoc network may suggest that the "identifier" is the type of unique address used in such protocols, like a MAC address. (’024 Patent, col. 6:50-57).
For the ’875 Patent
- The Term: "receive an inquiry from said first user about members...who are close by"
- Context and Importance: The definition of this term is central to whether the normal operation of the accused apps—presenting a queue of profiles to a user for swiping—meets this claim limitation. Practitioners may focus on whether "inquiry" requires an active, user-initiated search command or if passively opening the app and being presented with profiles suffices.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes a user initiating a "discovery process," which could be interpreted broadly to include the act of launching an app designed to find nearby people. (’875 Patent, Fig. 6).
- Evidence for a Narrower Interpretation: The claim language "inquiry...about members...who are close by" could be construed to require a more specific action than just opening the app, such as entering search parameters or explicitly triggering a "search" function.
VI. Other Allegations
- Indirect Infringement: For each patent, the complaint alleges induced infringement by "encouraging and instructing end-user customers to install and use the" accused apps in the United States. (Compl. ¶22, ¶35, ¶48, ¶61). It also alleges contributory infringement by providing the software components (the apps and download packages) that are known to be "especially made or adapted for use in" the infringing systems and are not staple articles of commerce. (Compl. ¶24-25, ¶37-38, ¶50-51, ¶63-64).
- Willful Infringement: The complaint does not allege that Defendants had pre-suit knowledge of the patents-in-suit. The prayer for relief seeks a finding of willful infringement and an award of treble damages, suggesting the willfulness allegation is based on continued infringement after the filing of the complaint. (Compl. ¶IX(v)).
VII. Analyst’s Conclusion: Key Questions for the Case
A central issue will be one of technical mechanism: Does the evidence show that the accused applications perform discovery using the specific method recited in the early '024 patent—capturing a "unique ad hoc network identifier" like a Bluetooth MAC address and sending it to a server—or do they rely exclusively on a server-centric model where mobile devices only report their own GPS/network-based location coordinates?
A second core issue will be one of definitional scope: As the patent claims evolved across the family, can terms like "receive an inquiry" (in the '875 patent) be construed broadly enough to read on the passive, server-driven presentation of profiles common to the accused "swipe-based" dating apps, or does the term require a more explicit user action?
A final key question will be one of evidence: While the complaint provides numerous screenshots of the apps' user interfaces and quotes from their privacy policies, it offers limited direct evidence of the underlying software architecture and data flows, particularly for the allegation that a direct, ad-hoc discovery step is performed. The case will likely depend on evidence obtained during discovery regarding how the accused systems technically operate.