Interactive Content Engines LLC v. Cloudflare Inc

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Interactive Content Engines, LLC (Hawaii)
  • Defendant: Cloudflare, Inc. (Delaware)
  • Plaintiff’s Counsel: Garteiser Honea, PLLC
• Case Identification: 7:25-cv-00308, W.D. Tex., 07/10/2025
• Venue Allegations: Venue is based on Defendant maintaining a regular and established business presence in the Western District of Texas, including a physical office in Austin with a significant number of employees, and deriving substantial revenue from customers within the district.
• Core Dispute: Plaintiff alleges that Defendant’s Content Delivery Network (CDN) services infringe two patents related to distributed, fault-tolerant systems for storing and delivering digital media content.
• Technical Context: The technology addresses architectural challenges in providing scalable, on-demand access to large media files, a foundational technology for modern video-on-demand (VOD) and content delivery networks.
• Key Procedural History: The complaint notes that U.S. Patent No. 7,437,472 is recently expired, limiting remedies to past damages. It also alleges Defendant had pre-suit knowledge of the patents-in-suit due to a prior lawsuit filed by the same Plaintiff against Rumble USA in August 2022, which forms a basis for the willfulness allegation.

Case Timeline

Date	Event
2001-11-28	Earliest Priority Date for '472 and '136 Patents
2008-10-14	Issue Date of U.S. Patent No. 7,437,472
2010-01-05	Issue Date of U.S. Patent No. 7,644,136
2022-08-24	Alleged Date of Notice via ICE v. Rumble USA Lawsuit
2025-07-10	Complaint Filing Date

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

U.S. Patent No. 7,437,472 - "Interactive Broadband Server System," issued October 14, 2008

The Invention Explained

• Problem Addressed: The patent describes the challenge of delivering a high number of simultaneous, time-sensitive (isochronous) data streams, such as for video-on-demand services, using traditional server designs that were limited by output streams and required redundant storage for popular content ('472 Patent, col. 1:45-56).
• The Patented Solution: The invention proposes a distributed architecture comprising multiple processors linked by a high-speed backbone switch. Content titles are broken into "data chunks" and striped across storage devices that are themselves distributed among the processors. A user process can then retrieve and assemble the data chunks from multiple processors in parallel to deliver a complete title, improving scalability and fault tolerance ('472 Patent, Abstract; col. 2:1-7).
• Technical Importance: This distributed approach was designed to overcome the performance bottlenecks of centralized servers, enabling large-scale media delivery systems to be built from commodity hardware components (Compl. ¶13, ¶20).

Key Claims at a Glance

• The complaint asserts at least independent Claim 25 (Compl. ¶43).
• Claim 25 requires:
  • An "interactive broadband server system"
  • A "backbone switch including a plurality of bi-directional ports"
  • A "disk array" storing titles subdivided into "data chunks" distributed across the array
  • A "plurality of processors" each coupled to the switch and at least one disk drive
  • A "plurality of processes" that enable each processor to "retrieve a plurality of data chunks of a requested title from two or more of the processors" and "assemble" the title for transmission.
• The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 7,644,136 - "Virtual File System," issued January 5, 2010

The Invention Explained

• Problem Addressed: The patent identifies the need for a solution to manage and maintain information about data that is distributed across an array of separate storage devices, particularly for the storage and delivery of streaming media content ('136 Patent, col. 1:20-28).
• The Patented Solution: The invention discloses a "virtual file system" where a "management node" executes a "virtual file manager." This manager maintains directory entries for each content title. Each directory entry is a map, containing a list of "subchunk location entries" that specify the exact storage processor node, disk drive, and logical address for every piece of the title. This allows user processes to locate and retrieve the distributed subchunks to assemble a file for delivery ('136 Patent, Abstract; col. 10:4-16).
• Technical Importance: This system provides a logical management layer over a physically distributed storage architecture, enabling fault-tolerant and efficient data retrieval using commodity hardware (Compl. ¶13, ¶20).

Key Claims at a Glance

• The complaint asserts at least independent Claim 1 (Compl. ¶50).
• Claim 1 requires:
  • A "virtual file system"
  • A "plurality of storage processor nodes," each with a processor and disk drives
  • A "backbone switch" coupling the storage processor nodes
  • A "disk drive array" storing titles divided into "subchunks" distributed across the array
  • "at least one management node" executing a "virtual file manager" that maintains "a plurality of directory entries"
  • Each directory entry comprises a "list of subchunk location entries," with each location entry including a "storage processor node identifier" and a "disk drive identifier."
• The complaint does not explicitly reserve the right to assert dependent claims.

III. The Accused Instrumentality

Product Identification

The complaint identifies the "Accused Instrumentalities" as Cloudflare's Content Delivery Networks (the "Cloudflare CDN"), which are alleged to be or contain infringing "interactive broadband server systems" and/or "virtual file systems" (Compl. ¶40).

Functionality and Market Context

The complaint describes the accused functionality as a "globally distributed content delivery network (CDN) service that caches and delivers static and dynamic content (including but not limited to video content) to an internet-connected device" (Compl. ¶44, ¶51). The complaint alleges that Cloudflare's system of "origin server and edge servers" collectively constitutes the apparatuses claimed by the patents-in-suit (Compl. ¶44, ¶51). Plaintiff also alleges that Defendant operates an "infringing AI Interface Data Center within this District" (Compl. ¶9).

IV. Analysis of Infringement Allegations

The complaint references, but does not include, claim chart exhibits detailing its infringement theories (Compl. ¶45, ¶52). The following summarizes the narrative infringement allegations for each patent.

'472 Patent Infringement Allegations

The complaint alleges that Cloudflare's CDN directly infringes at least Claim 25 of the '472 Patent (Compl. ¶43). The infringement theory posits that Cloudflare's network of origin and edge servers collectively forms the claimed "interactive broadband server system" (Compl. ¶44). The complaint presents an annotated version of the patent's Figure 2A, suggesting a mapping between the elements of a generic CDN architecture and the claimed "PROCESSORs," "BACKBONE SWITCH," and "MANAGEMENT PROCESSOR" (Compl. p. 12, Fig. 2A). This annotated diagram illustrates the core of the infringement theory by equating Cloudflare's distributed network infrastructure with the system claimed in the patent. The complaint alleges this system performs the claimed functions of storing, retrieving, and delivering distributed media content to end users (Compl. ¶44).

'136 Patent Infringement Allegations

The complaint alleges that Cloudflare's CDN directly infringes at least Claim 1 of the '136 Patent (Compl. ¶50). The theory is that the same network of origin and edge servers collectively constitutes the claimed "virtual file system" (Compl. ¶51). To support this, the complaint includes a copy of the patent's Figure 1, which depicts an exemplary architecture of interconnected "Storage Processor Nodes" (SPNs) communicating via a central "SWITCH" (Compl. p. 9, Fig. 1). This visual supports the allegation that Cloudflare's distributed network architecture mirrors the managed, distributed system claimed in the '136 Patent. The complaint asserts that this system performs the claimed functions of storing content as distributed sub-chunks and managing their location and retrieval (Compl. ¶51).

Identified Points of Contention

• Scope Questions: A central issue may be whether a globally distributed CDN, composed of geographically disparate origin and edge servers, falls within the scope of the claimed "interactive broadband server system" or "virtual file system." The patents' specifications and figures appear to describe architectures, such as for a cable VOD headend, that could be interpreted as more co-located or tightly-coupled than a modern CDN ('472 Patent, col. 5:3-10; '136 Patent, Fig. 1).
• Technical Questions: What evidence does the complaint provide that Cloudflare's CDN performs the specific process of having its processors "retrieve a plurality of data chunks... from two or more of the processors" to assemble a title, as required by Claim 25 of the '472 patent? Similarly, what evidence supports the allegation that Cloudflare's system uses a "management node" that maintains a "directory entry" with a "list of subchunk location entries" as required by Claim 1 of the '136 patent? The complaint's allegations on these internal operational details are conclusory.

V. Key Claim Terms for Construction

For the '472 Patent

• The Term: "interactive broadband server system"
• Context and Importance: This term defines the entire claimed apparatus. Its construction will be critical in determining whether a modern, globally distributed CDN can be considered the same type of "system" as that disclosed in the patent. Practitioners may focus on this term because the infringement case depends on mapping a geographically vast CDN onto a term developed in the context of earlier VOD headend architectures.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The specification describes delivering services to "subscriber locations" over a network, which is not inherently limited by geography ('472 Patent, col. 4:25-30).
  • Evidence for a Narrower Interpretation: The patent frequently discusses implementation in the context of a Hybrid Fiber-Coax (HFC) network from a "point of distribution" or "headend," which may suggest a more localized system ('472 Patent, col. 5:3-10, col. 4:56-58). Figure 2A depicts a single, contained system architecture.

For the '136 Patent

• The Term: "management node"
• Context and Importance: This is a specific structural element required by Claim 1. The infringement analysis for the '136 patent hinges on identifying a corresponding component or set of functions within Cloudflare's architecture. Its definition will determine whether a distributed control plane can satisfy the limitation.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The shared specification with the '472 patent notes that management functions "may be distributed among the processors," suggesting a "management node" might be a logical or distributed role rather than a single physical device ('472 Patent, col. 6:33-35).
  • Evidence for a Narrower Interpretation: The patent's figures depict the "MGMT SPN" (Management Storage Processor Node) as a discrete component, distinct from the other "user" SPNs, which could support an argument that the term requires a centralized, dedicated element ('136 Patent, Fig. 2).

VI. Other Allegations

Indirect Infringement

The complaint does not contain specific counts for indirect infringement (induced or contributory infringement). The allegations focus on direct infringement by Defendant for making, using, and selling the accused CDN systems (Compl. ¶43, ¶50).

Willful Infringement

Count III of the complaint alleges willful infringement (Compl. ¶55-57). The claim is based on alleged knowledge of the patents from two sources: (1) post-suit notice via service of the present complaint, and (2) pre-suit actual notice since at least August 24, 2022, stemming from Defendant's alleged awareness of a lawsuit Plaintiff filed against Rumble USA involving the same patents (Compl. ¶56). The complaint further alleges willful blindness based on a purported corporate policy of not reviewing the patents of others (Compl. ¶57).

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

• A core issue will be one of definitional scope: can the terms "interactive broadband server system" and "virtual file system," rooted in the patent's descriptions of co-located VOD headend architectures, be construed broadly enough to read on a modern, globally-distributed Content Delivery Network?
• A key evidentiary question will be one of operational mapping: can Plaintiff produce evidence from discovery showing that Cloudflare's CDN, on a technical level, actually implements the specific data management and retrieval methods recited in the claims, such as using a "management node" to track "subchunk location entries" or having individual processors assemble content by retrieving data from one another? The complaint's public-facing allegations currently lack this specific operational detail.