VDPP LLC v. Nordstrom Inc

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: VDPP, LLC (Oregon)
  • Defendant: Nordstrom, Inc. (Washington/Delaware)
  • Plaintiff’s Counsel: Ramey LLP
• Case Identification: 7:25-cv-00528, W.D. Tex., 11/14/2025
• Venue Allegations: Plaintiff alleges venue is proper based on Defendant’s regular and established place of business in Austin, Texas, and acts of infringement occurring within the district.
• Core Dispute: Plaintiff alleges that Defendant’s systems and services for image display infringe patents related to methods for creating an illusion of sustained motion from a finite number of pictures.
• Technical Context: The technology relates to creating animated visual effects from a small set of images, a technique analogous to modern cinemagraphs or GIFs commonly used in digital advertising and e-commerce.
• Key Procedural History: The complaint identifies the plaintiff as a non-practicing entity and includes extensive pre-emptive arguments against a potential defense of failure to mark patented articles, citing prior confidential settlement licenses that allegedly did not grant rights to produce a patented article.

Case Timeline

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

U.S. Patent No. 7,030,902 - "Eternalism, A Method For Creating An Appearance Of Sustained Three-Dimensional Motion-Direction Of Unlimited Duration, Using A Finite Number Of Pictures" (Issued Apr. 18, 2006)

The Invention Explained

• Problem Addressed: The patent describes the difficulty of creating the appearance of continuous movement for commercial use without requiring a long series of unique, non-repetitive picture frames, as is typical in traditional cinematography (’902 Patent, col. 1:15-28). Prior art techniques to achieve this effect were described as transient and limited to live performances, lacking a method for permanent storage and commercial distribution (’902 Patent, col. 2:6-12).
• The Patented Solution: The invention proposes a method to create a visual illusion of sustained, seamless motion using a finite number of pictures, such as two. The core concept involves repetitively displaying a sequence of at least two visually similar "image pictures" (e.g., A and B) along with a third, dissimilar "bridging picture" (e.g., C, which is preferably a solid color) (’902 Patent, col. 2:20-26). This sequence (A, B, C) is repeated in a continuous loop, creating the perception of ongoing movement from a very small amount of source data (’902 Patent, col. 2:42-56). The patent also discloses blending adjacent pictures to create intermediate frames for a more fluid effect (’902 Patent, col. 2:56-67).
• Technical Importance: The method provides a way to generate lightweight, perpetually looping animations from minimal visual information, an approach foundational to modern digital formats like animated GIFs and cinemagraphs used in online media. (’902 Patent, col. 2:15-26).

Key Claims at a Glance

• The complaint asserts one or more of claims 1-11 (Compl. ¶9). The lead independent claim is Claim 1.
• Independent Claim 1 requires a method comprising the elements of:
  • selecting at least two visually similar image pictures (a first and second image picture);
  • selecting a bridging picture that is dissimilar to the image pictures;
  • arranging the pictures in a sequential order comprising one or more first image pictures, one or more second image pictures, and one or more bridging pictures;
  • placing this series onto a plurality of picture frames, with each picture on a single frame; and
  • repeating the series a plurality of times to create a continuous plurality of picture frames that, when viewed, give an appearance of continuous movement.

U.S. Patent No. 9,948,922 - "Faster State Transitioning For Continuous Adjustable 3Deeps Filter Spectacles Using Multi-Layered Variable Tint Materials" (Issued Apr. 17, 2018)

The Invention Explained

• Problem Addressed: The patent background describes challenges with creating 3D visual effects from 2D motion pictures using variable tint spectacles that rely on the "Pulfrich illusion." Key problems include the slow transition times of electro-optic materials used in the lenses and the need to optimize lens density based on the speed and direction of on-screen motion (’922 Patent, col. 3:24-40).
• The Patented Solution: While the patent's title and specification extensively discuss variable tint spectacles, the asserted claims focus on an apparatus for image processing. The claims recite an apparatus with a processor that obtains image frames from a video stream and generates "modified" image frames by performing specific actions like "expanding" the frame or "inserting" a selected image into it. These modified frames are then displayed in sequence with a solid-color "bridge frame" (’922 Patent, claims 1, 9). This process is thematically linked to the "Eternalism" concept described in the ’902 Patent.
• Technical Importance: The asserted claims cover a system that automates the creation of specific visual effects by algorithmically modifying and sequencing image frames, which could be applied to generate dynamic advertising or product displays from a base video.

Key Claims at a Glance

• The complaint asserts one or more of claims 1-12 (Compl. ¶14). The independent claims appear to be 1 and 9.
• Independent Claim 1 requires an apparatus with a storage and a processor adapted to:
  • obtain a first and second image frame from a video stream;
  • generate first and second modified image frames by expanding the original frames;
  • generate a solid color bridge frame; and
  • display the first modified frame, the bridge frame, and the second modified frame.
• Independent Claim 9 requires an apparatus with a storage and a processor adapted to:
  • obtain a first and second image frame from a video stream;
  • generate first and second modified image frames by inserting a selected image into the original frames;
  • generate a solid color bridge frame; and
  • display the first modified frame, the bridge frame, and the second modified frame.

III. The Accused Instrumentality

Product Identification

The complaint does not identify a specific accused product by name. It refers generally to Defendant’s "systems, products, and services in the field of image capture devices" and "image capture and modification" (Compl. ¶¶9, 14).

Functionality and Market Context

The complaint does not provide sufficient detail for analysis of the functionality or market context of the accused instrumentality. It makes only conclusory allegations that Defendant "maintains, operates, and administers" infringing systems without describing what those systems are or what they do (Compl. ¶¶9, 14).

IV. Analysis of Infringement Allegations

The complaint references preliminary claim charts in Exhibits B and D, which were not provided with the publicly filed document (Compl. ¶¶10, 15). The infringement allegations within the complaint body are general and do not specify how any particular feature of a Nordstrom product meets the limitations of the asserted claims.

No probative visual evidence provided in complaint.

• Identified Points of Contention:
  • Evidentiary Questions: A threshold issue will be whether the plaintiff can produce evidence linking its broad allegations to specific functionalities within Nordstrom's e-commerce website, mobile applications, or back-end content management systems. The complaint provides no factual basis to identify which specific system performs the claimed methods or constitutes the claimed apparatus.
  • Scope Questions: The complaint accuses "image capture devices," which raises the question of whether Nordstrom's platform, which primarily displays images for e-commerce, falls within this scope as understood in the patent (’902 Patent, ¶9). The court may need to determine if the back-end processing of vendor-supplied images constitutes the claimed methods.
  • Technical Questions: A key technical question for the ’902 Patent will be whether the accused systems arrange and repeat discrete "pictures" on "frames" as required by Claim 1, or if they use modern web technologies (e.g., CSS, JavaScript) to create visual effects in a way that is technically distinct from the claimed method. For the ’922 Patent, a central question will be whether any image processing performed by Nordstrom qualifies as "expanding" an image frame or "inserting a selected image" for the specific purpose of creating a visual effect, as opposed to routine processing for display formatting.

V. Key Claim Terms for Construction

• Term from the ’902 Patent: "bridging picture which is dissimilar to said image picture" (Claim 1)

  • Context and Importance: The definition of "dissimilar" is central to determining what constitutes a "bridging picture." A narrow definition may limit the claim to sequences with distinct interruptions (like a black frame), while a broader one could cover transitions or effects. This will be critical in analyzing whether dynamic content on a webpage, which may not have explicit black frames, can infringe.
  • Intrinsic Evidence for a Broader Interpretation: The specification suggests the bridge can be a "strongly contrasting image-picture," not merely a solid color, implying it could contain some image content (’902 Patent, col. 2:30-32).
  • Intrinsic Evidence for a Narrower Interpretation: The preferred embodiment is a "solid black or other solid-colored picture," and the abstract states it is "usually a solid color," which may support a narrower construction limited to non-image interruptions (’902 Patent, Abstract; col. 2:27-28).

• Term from the ’922 Patent: "generate a ... modified image frame by expanding the first image frame" (Claim 1)

  • Context and Importance: The meaning of "expanding" will be pivotal. Practitioners may focus on this term because its construction will determine whether common e-commerce image manipulations, such as digital zoom on a product photo or responsive resizing, fall within the claim's scope.
  • Intrinsic Evidence for a Broader Interpretation: The patent does not appear to provide a special definition for "expanding," which could support applying its plain and ordinary meaning in the field of digital image processing.
  • Intrinsic Evidence for a Narrower Interpretation: The specification, incorporated from the ’902 patent family, notes that "slight shrinking or enlargement of one area compared to the other creates a 'zooming' in or out effect," suggesting "expanding" is tied to creating a specific visual illusion of movement rather than any generic resizing operation (’902 Patent, col. 9:8-10).

VI. Other Allegations

• Indirect Infringement: The complaint does not plead any counts of indirect or induced infringement; it alleges only direct infringement (Compl. ¶¶11, 16).
• Willful Infringement: Willfulness is pleaded conditionally. The plaintiff seeks a finding of willfulness only "provided discovery reveals that Defendant (1) knew of the patent-in-suit prior to the filing date of the lawsuit" (Compl., Prayer for Relief ¶e). The complaint does not allege that the defendant had pre-suit knowledge of the patents.

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

• A primary issue will be one of evidentiary linkage: can the plaintiff’s conclusory allegations, which lack any specific factual content about the accused products, survive a motion to dismiss under modern pleading standards? The case will depend on whether discovery can connect the patent claims to the actual operation of a specific Nordstrom system.
• A second core issue will be one of definitional scope: does the term "bridging picture" in the ’902 patent require a distinct, non-image interruption like a black frame, or can it be construed to cover more subtle transitions used in modern web animation?
• Finally, a key question for the ’922 patent will be one of functional specificity: does routine image processing on an e-commerce platform, such as resizing product images for different displays, constitute the specific acts of "expanding" or "inserting" an image to generate a "modified" frame as required by the apparatus claims, or is there a mismatch in technical purpose and operation?