DCT
7:25-cv-00129
Rothschild Patent Imaging LLC v. Bumble Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Rothschild Patent Imaging LLC (Texas)
- Defendant: Bumble Inc. (Delaware)
- Plaintiff’s Counsel: Direction IP Law
- Case Identification: 7:25-cv-00129, W.D. Tex., 03/18/2025
- Venue Allegations: Venue is asserted based on Defendant’s alleged regular and established place of business within the Western District of Texas.
- Core Dispute: Plaintiff alleges that Defendant’s Bumble mobile application and website infringe a patent related to methods for connecting users of a social network based on geographic proximity and coinciding personal criteria.
- Technical Context: The technology at issue operates in the field of location-based social networking, where mobile device GPS capabilities are used to bridge online profiles with real-world interactions.
- Key Procedural History: The patent-in-suit is a continuation of a chain of prior applications, with the earliest priority date stemming from 2008. The complaint does not reference any prior litigation or administrative proceedings involving the patent.
Case Timeline
| Date | Event |
|---|---|
| 2008-08-08 | '544 Patent Priority Date |
| 2014-08-05 | '544 Patent Issue Date |
| 2018-10-01 | Bumble App Released on Android |
| 2025-03-18 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,798,544 - "WIRELESS COMMUNICATIONS USING COINCIDING MULTIPLE PAIRING CRITERIA"
- Issued: August 5, 2014
The Invention Explained
- Problem Addressed: The patent identifies a limitation in early social networking websites, noting that while they connect individuals online, they generally "lack any current physical or geographic proximity" information, thus missing opportunities for real-world interaction between users who are near one another (Compl. ¶12; ’544 Patent, col. 1:42-48).
- The Patented Solution: The invention proposes a method for mobile devices to facilitate social connections based on both location and user preferences. The system uses a first user's "interactive pairing criterion" (e.g., desired age, interests) and their location to issue a query for other users who are nearby and have a corresponding criterion (’544 Patent, Abstract). When a match is found between two users on the same social network, a "digital media file" associated with the second user is downloaded to the first user's device to facilitate an introduction (’544 Patent, col. 2:50-67).
- Technical Importance: The technology aimed to merge the profile-based matching of online social networks with the real-time, location-aware capabilities of modern smartphones to create spontaneous, real-world connection opportunities (Compl. ¶12; ’544 Patent, col. 1:48-59).
Key Claims at a Glance
- The complaint asserts independent method claim 17 (’544 Patent, col. 12:26-40).
- The essential elements of Claim 17 are:
- Issuing, upon a second mobile device that is geographically positioned within a predetermined distance of a first mobile device, an automatic query to determine if the first and second users' "interactive pairing criterion" at least partially coincide.
- Downloading, upon a determination of a partial match, a "digital media file" associated with the second mobile device.
- The method requires that both the first and second users are associated with a "same social networking website."
III. The Accused Instrumentality
Product Identification
- The Bumble mobile application and website (Compl. ¶13).
Functionality and Market Context
- The complaint describes the Bumble app as a platform for forming connections, including for dating, friendship, and business networking (Compl. p. 5). The app is alleged to use a device's geolocation services to find and display profiles of other users who are nearby (Compl. ¶14). A screenshot from Bumble's privacy policy, included in the complaint, states, "by enabling your general location information to appear to people seeing your profile and show you the profiles of people who are near you" (Compl. p. 14). The app allegedly matches users based on location as well as personal characteristics and preferences such as age, gender, and interests, which are provided by the users (Compl. ¶14).
IV. Analysis of Infringement Allegations
'544 Patent Infringement Allegations
| Claim Element (from Independent Claim 17) | Alleged Infringing Functionality - | Complaint Citation | Patent Citation |
|---|---|---|---|
| issuing, upon a second mobile device... being geographically positioned within a predetermined geographic distance from the first mobile device... an automatic query to determine whether the first interactive pairing criterion and the second interactive pairing criterion at least partially coincide with one another; | When a first user employs the Bumble app to search for nearby profiles, a request is allegedly sent to Bumble's server. The server then processes this request, using other users' profile data (the alleged "second interactive pairing criterion") and location to identify potential matches. This server-side process is alleged to constitute the "automatic query" (Compl. ¶15). The complaint provides a screenshot of the app's distance filter, which allows a user to set a geographic radius for matches (Compl. p. 8). | ¶15 | col. 4:19-26 |
| downloading, upon a determination that the first interactive pairing criterion and the second interactive pairing criterion at least partially coincide with one another, a digital media file associated with the second mobile device, | After the server identifies a match based on location and preferences, the Bumble app allegedly displays the matching user's profile on the first user's device. This profile, which includes details like age, photos, and other information, is alleged to be the "digital media file associated with the second mobile device" that is downloaded (Compl. ¶16). A screenshot from the app shows a user profile labeled as one of the "nearby people profiles" (Compl. p. 18). | ¶16 | col. 6:45-56 |
| wherein both the first user and the second user are associated with a same social networking website. | The complaint asserts that the Bumble platform itself is the "social networking website" and that both the first and second user must be registered users of the Bumble service to be matched with one another (Compl. ¶16). A marketing screenshot from the complaint presents Bumble's various modes, such as "Bumble Date" and "Bumble For Friends," supporting its characterization as a social network (Compl. p. 15). | ¶16 | col. 8:40-54 |
Identified Points of Contention
- Architectural Questions: A potential dispute may arise over whether the accused client-server architecture meets the claim limitation of "issuing, upon a second mobile device, an automatic query." The complaint describes a process where the first user's device queries a central server, which then searches a database containing the second user's information. The court may need to resolve whether this server-mediated lookup constitutes a query issued "upon a second mobile device," or if the claim requires a more direct device-to-device communication or a query targeted at the second device itself.
- Technical Questions: The characterization of a user profile display as "downloading a digital media file" raises a technical question. The court will need to determine whether the transmission and rendering of profile data from a server onto a user's screen is equivalent to "downloading a... file" as contemplated by the patent, especially where other claims in the patent family reference discrete file types like VCF or PDF (’544 Patent, col. 12:59-63).
V. Key Claim Terms for Construction
Key Term: "automatic query"
Context and Importance
- This term is central to the infringement theory. Its construction will determine whether the user-initiated, server-mediated search in the Bumble app falls within the claim's scope. Practitioners may focus on whether "automatic" implies an action that occurs spontaneously upon proximity without a specific user search command, and whether "query" implies a direct interrogation of the second device.
Intrinsic Evidence for Interpretation
- Evidence for a Broader Interpretation: The specification discloses embodiments where a central server is used to manage profiles and determine matches, which may support an interpretation that includes server-mediated actions (e.g., ’544 Patent, col. 3:41-50).
- Evidence for a Narrower Interpretation: The claim language "issuing, upon a second mobile device" could be read to require the query to be directed to the second device itself, not a server. The patent also discusses peer-to-peer communication, which could support a narrower, serverless construction (’544 Patent, col. 3:56-64).
Key Term: "downloading... a digital media file"
Context and Importance
- Plaintiff’s infringement theory depends on construing the display of a user's profile as "downloading a digital media file." The definition of this term will be critical.
Intrinsic Evidence for Interpretation
- Evidence for a Broader Interpretation: The patent does not provide a restrictive definition for "digital media file" in the specification sections describing the core invention, referring generally to content like photographs, messages, and videos that can be communicated (’544 Patent, col. 6:45-56). This could support viewing a profile (text and images) as a "digital media file."
- Evidence for a Narrower Interpretation: Dependent claim 24, which depends from claim 17, recites that the "digital media file includes one of a VCF file, a MP3 file... a PDF file," among others (’544 Patent, col. 12:59-63). A defendant may argue that this list of discrete, transferable file formats informs and narrows the scope of the term in the independent claim, suggesting it does not cover the transient display of database information.
VI. Other Allegations
Indirect Infringement
- The complaint alleges induced infringement, asserting that Bumble provides its app to customers with instructions on how to use the allegedly infringing features, such as setting up a profile with pairing criteria and using the location-based matching functions (Compl. ¶¶ 17-18).
Willful Infringement
- The complaint alleges that Defendant has knowledge of the ’544 Patent and its alleged infringement "at least as of the filing of this lawsuit and service of the Complaint" (Compl. ¶17). By alleging that infringement continued despite this knowledge, the complaint lays the groundwork for a claim of post-filing willful infringement.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of architectural scope: Can the claim phrase "issuing, upon a second mobile device... an automatic query" be construed to cover the accused product's client-server architecture, where a central server performs matching, or does the language require a more direct device-to-device action?
- A second central issue will be one of definitional interpretation: Does the term "downloading a digital media file," as used in the patent, encompass the dynamic, on-screen display of another user's profile data, or is its meaning limited by specification examples to discrete, self-contained file types like PDFs or contact cards?