GreatGigz Solutions LLC v. P

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: GreatGigz Solutions, LLC (Florida)
  • Defendant: Postmates, Inc. (Delaware/California); Subway Sandwich Shops Inc., et al. (collectively "Subway") (Connecticut/Florida)
  • Plaintiff’s Counsel: Garteiser Honea, PLLC; The Mort Law Firm, PLLC
• Case Identification: 6:20-cv-01073, W.D. Tex., 11/20/2020
• Venue Allegations: Plaintiff alleges venue is proper in the Western District of Texas because Defendants conduct substantial business in the district, including through interactive websites and mobile applications, and because Postmates maintains a "regular and established place of business" through its use of Cloudflare data centers located within the district.
• Core Dispute: Plaintiff alleges that Defendant’s on-demand food delivery platform infringes four patents related to computerized systems for job searching, recruitment, and scheduling.
• Technical Context: The technology at issue involves networked computer systems designed to automate the process of matching individuals with work opportunities, a foundational concept in the modern "gig economy."
• Key Procedural History: The complaint notes that during the prosecution of U.S. Patent No. 9,760,864, the patent examiner found the claims to be patent-eligible under 35 U.S.C. §101 in view of the Supreme Court's decision in Alice. The complaint also details the extensive prior art references cited by the U.S. Patent and Trademark Office during the examination of each asserted patent, which Plaintiff presents as evidence of the patents' validity and non-obviousness.

Case Timeline

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

U.S. Patent No. 6,662,194 - "Apparatus and Method for Providing Recruitment Information"

• Issued: December 9, 2003 (’194 Patent)

The Invention Explained

• Problem Addressed: The patent describes conventional job searching and recruitment as being inefficient, costly, and geographically constrained, often requiring expensive intermediaries such as "headhunters" and employment agencies that limit the scope of opportunities for both individuals and employers (’194 Patent, col. 1:59-2:6).
• The Patented Solution: The invention provides a computerized method and apparatus to automate recruitment. The system stores information about job openings and job seekers' requests, and upon the detection of a "searching event," it processes the information to find a match, generates a message with the relevant opportunity, and transmits it in real-time to a communication device associated with the individual (’194 Patent, Abstract; col. 6:45-55). This process aims to remove the need for a costly human intermediary.
• Technical Importance: The invention proposed using a networked computer system to disintermediate and increase the efficiency of the recruitment market, representing a technological solution to the logistical and financial barriers of the pre-internet era (’194 Patent, col. 2:18-24).

Key Claims at a Glance

• The complaint asserts independent claim 25 (’194 Patent).
• Claim 25 (Method):
  • Storing information regarding a job opening and a job search request.
  • Processing the job search request upon detection of a "searching event."
  • Generating a message containing information about the job opening that is responsive to the job search request.
  • Transmitting the message in real-time to a communication device associated with an individual.

U.S. Patent No. 7,490,086 - "Apparatus and Method for Providing Job Searching Services Recruitment Services and/or Recruitment-Related Services"

• Issued: February 10, 2009 (’086 Patent)

The Invention Explained

• Problem Addressed: The patent addresses similar inefficiencies in traditional recruitment as the ’194 Patent, such as limitations from personal contacts, time constraints, and the costs of using intermediaries (’086 Patent, col. 2:1-17).
• The Patented Solution: This invention discloses an apparatus that automatically triggers a job search upon the detection of a "searching event." The patent defines this event more specifically to include occurrences like a new job posting, a news release, or other business events that would create a need to fill a position. Upon automatic detection, the system processes stored information and generates a responsive message for an individual (’086 Patent, Abstract).
• Technical Importance: The invention's focus on an automatic, event-driven notification system represents a shift from a reactive, user-initiated search model to a proactive one, enabling more timely and efficient matching of candidates to opportunities (’086 Patent, col. 6:22-32).

Key Claims at a Glance

• The complaint asserts independent claim 18 (’086 Patent).
• Claim 18 (Apparatus):
  • A memory device for storing information about job openings and job search requests.
  • A processing device that processes a job search request upon automatic detection of a searching event (e.g., a job posting or an event creating interest to seek a position).
  • The processing device generates a message containing information about the job opening.
  • A transmitter that transmits the message to an individual's communication device.

U.S. Patent No. 9,760,864 - "Apparatus and Method for Providing Job Searching Services, Recruitment Services and/or Recruitment-Related Services"

• Issued: September 12, 2017 (’864 Patent)
• Technology Synopsis: This patent describes an apparatus that stores work schedule or scheduling information for an individual. It includes a transmitter for sending a job search request to a specially programmed computer, which in turn processes the request, generates a message about a job opportunity, and sends it back to the apparatus, which has a receiver and a display to present the information (’864 Patent, Abstract). The invention focuses on integrating an individual's availability into the automated matching system.
• Asserted Claims: Independent Claim 1 (Compl. ¶106).
• Accused Features: The complaint alleges infringement by the Postmates system's storing of driver availability (alleged to be "work schedule information") via the "go online" feature of the Fleet app, and its use of that information to match drivers with delivery requests (Compl. ¶¶109-112).

U.S. Patent No. 10,096,000 - "Apparatus and Method for Providing Job Searching Services, Recruitment Services and/or Recruitment-Related Services"

• Issued: October 9, 2018 (’000 Patent)
• Technology Synopsis: This patent discloses an apparatus that stores work schedule information for various parties (e.g., employers, independent contractors). The system receives a "first request" from a communication device to obtain this schedule information, generates a "first message" containing it, and transmits the message. The apparatus is also configured to process a "second request" for services that is based on the information in the first message (’000 Patent, Abstract). This formalizes a two-step query process: first checking availability, then making a specific engagement request.
• Asserted Claims: Independent Claim 1 (Compl. ¶126).
• Accused Features: The complaint accuses the Postmates process where a consumer's order acts as a "first request" to obtain schedule information from available drivers to generate an ETA, and the subsequent order confirmation acts as a "second request" to engage a specific driver for the delivery (Compl. ¶¶131-132).

III. The Accused Instrumentality

• Product Identification: The "Accused Instrumentalities" are identified as the Postmates website (www.postmates.com) and its associated Mobile Applications for Consumers, Drivers ("Fleet"), and Merchants (Compl. ¶61).
• Functionality and Market Context: The Postmates platform is an on-demand delivery system that connects consumers with merchants and independent contractor couriers (Compl. ¶61, Fig. 17). A visual provided in the complaint describes the platform as connecting consumers with retail stores and restaurants ("Merchants") and with independent contractor couriers ("Couriers") to facilitate on-demand delivery or pickup services (Compl. Fig. 17, p. 26). Drivers use the "Postmates - Fleet" mobile application to indicate their availability for work by "going online" (Compl. ¶69). Screenshots from the Fleet app show a map-based interface where a driver can tap a "Go Online" button to begin accepting offers (Compl. Figs. 18, 20, p. 27, 29). When a consumer places an order, the system allegedly processes this as a request, identifies an available driver, and notifies the driver of the opportunity (Compl. ¶¶70-71). The system then provides consumers with an estimated time of arrival (ETA) and real-time tracking of the delivery progress (Compl. ¶71, Figs. 22, 24). The complaint alleges the platform is a significant market participant, partnering with major chains like Subway to provide delivery to a large portion of U.S. households (Compl. Fig. 3, p. 5).

IV. Analysis of Infringement Allegations

U.S. Patent No. 6,662,194 Infringement Allegations

U.S. Patent No. 7,490,086 Infringement Allegations

Identified Points of Contention

• Scope Questions: A central dispute may arise over whether patent terms rooted in the traditional employment context of 1999—such as "job opening", "recruitment", and "job search request"—can be construed to read on the granular, task-based assignments of the modern "gig economy," such as a single food delivery. The infringement theory appears to depend on this semantic and conceptual expansion.
• Technical Questions: For the '086 Patent, which claims automatic detection of an event like a "job posting," a question for the court will be whether a consumer actively placing an order constitutes the specific type of automated, event-driven process contemplated by the patent, particularly when the specification provides examples like "a news release of a business event" (’086 Patent, Abstract).

V. Key Claim Terms for Construction

• The Term: "job opening, position, assignment, contract, or project" (’194 Patent, Claim 25; ’086 Patent, Claim 18)

• Context and Importance: The viability of the infringement case hinges on whether a single on-demand delivery task for Postmates constitutes a "job opening" or "assignment." Practitioners may focus on this term because a narrow construction limited to traditional, longer-term employment could undermine the plaintiff's core theory that the patents cover modern gig-work platforms.

• Intrinsic Evidence for Interpretation:

  • Evidence for a Broader Interpretation: The patents use a collection of terms that encompass more than just permanent employment, including "assignment," "contract," "project," and services from "independent contractors, temporary workers, or freelancers," which may support a construction broad enough to cover gig-work tasks (’000 Patent, Abstract).
  • Evidence for a Narrower Interpretation: The background sections of the patents frame the problem being solved entirely within the context of traditional recruitment intermediaries like "employment agencies," "recruiters," and "so-called ‘headhunters’" (’194 Patent, col. 1:59-2:6), which may suggest the invention was aimed at conventional employment relationships.

• The Term: "work schedule information and/or scheduling information" (’864 Patent, Claim 1; ’000 Patent, Claim 1)

• Context and Importance: Plaintiff's infringement theory for the later patents relies on equating a driver's real-time status of being "online" with storing "work schedule information." The definition of this term is critical, as a mismatch between a pre-planned "schedule" and a momentary status indicator could present a challenge to the infringement allegations.

• Intrinsic Evidence for Interpretation:

  • Evidence for a Broader Interpretation: The specification notes the invention can be used for managing work schedules for "temporary worker, independent contractor, and/or freelancer," entities whose work patterns are often less structured than traditional employees, which may support a flexible definition of "schedule" (’000 Patent, col. 6:47-54).
  • Evidence for a Narrower Interpretation: The patents also refer to "work calendars" and storing information regarding "days and/or time periods of availability," which could imply a more structured, pre-planned set of data than a simple real-time "online" status (’000 Patent, col. 16:55-65).

VI. Other Allegations

• Indirect Infringement: The complaint does not contain separate counts for indirect infringement.
• Willful Infringement: The complaint alleges willfulness on two grounds. First, it alleges that Defendants will have had actual notice of the patents from the date of service of the complaint, making any continued infringement post-suit willful (Compl. ¶¶75, 96). Second, it alleges pre-suit willfulness based on a theory of willful blindness, asserting that Defendants have a "policy or practice of not reviewing the patents of others" and instruct employees to that effect (Compl. ¶¶76, 97).

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

• A core issue will be one of definitional scope: can patent claims written in 1999 using the language of traditional human resources and recruitment (e.g., "job opening", "recruitment") be construed to cover the granular, on-demand tasks (e.g., a single "food delivery") that characterize the modern gig economy?
• A key question of technical mapping will be whether the functionality of the accused platform aligns with the claimed invention. Specifically, does a gig worker indicating real-time availability by "going online" constitute the stored "work schedule information" required by the later patents, or is there a fundamental operational difference between a pre-set schedule and an instantaneous status flag?
• A central legal question will likely be patent eligibility under 35 U.S.C. §101. The case may turn on whether the claims are directed to the abstract idea of matching a service provider to a customer request, and if so, whether the specific combination of technical elements recited—such as automated, event-driven processing and real-time transmission—represents an "inventive concept" sufficient to transform that abstract idea into a patent-eligible application.