DCT
2:25-cv-00142
Virtual Creative Artists LLC v. Redfin Corp
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Virtual Creative Artists, LLC (Delaware)
- Defendant: Redfin Corporation (Delaware)
- Plaintiff’s Counsel: Mann Law Group PLLC
- Case Identification: 2:25-cv-00142, W.D. Wash., 01/22/2025
- Venue Allegations: Venue is alleged to be proper based on Defendant Redfin’s corporate headquarters and established business location being within the Western District of Washington.
- Core Dispute: Plaintiff alleges that Defendant’s online real estate platform infringes patents related to a computer-based system for soliciting, managing, filtering, and distributing user-submitted media content.
- Technical Context: The technology at issue involves networked platforms that enable the crowdsourcing of media, where user submissions are aggregated, filtered based on attributes, and compiled into new distributable content for a broader audience.
- Key Procedural History: The complaint notes that the asserted claims for both patents-in-suit overcame patent eligibility rejections under 35 U.S.C. §101 during their respective prosecutions. It is also noted that the two patents share an identical specification and a common priority claim chain originating from a 1999 provisional application.
Case Timeline
| Date | Event |
|---|---|
| 1999-05-05 | Priority Date for ’480 and ’665 Patents |
| 2016-10-25 | U.S. Patent No. 9,477,665 Issued |
| 2016-11-22 | U.S. Patent No. 9,501,480 Issued |
| 2025-01-22 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 9,501,480 - Revenue-Generating Electronic Multi-Media Exchange and Process of Operating Same
- Issued: November 22, 2016
The Invention Explained
- Problem Addressed: The patent's background section describes the logistical difficulties faced by both individual creators (of screenplays, songs, etc.) in submitting their work to media companies and by those companies in managing and sorting the high volume of submissions received. The specification identifies a lack of a centralized, structured "open exchange" for such artistic media works ('665 Patent, col. 2:43-57, 2:64-67).
- The Patented Solution: The invention claims a computer system composed of several distinct but interconnected subsystems designed to manage this process. The system includes: an "electronic media submissions server subsystem" to receive and store user content, an "electronic multimedia creator server subsystem" that uses filters to select and retrieve submissions to develop new content, an "electronic release subsystem" to make the new content available for viewing, and an "electronic voting subsystem" to allow an audience to rate the content ('480 Patent, Abstract; ’665 Patent, col. 4:5-47).
- Technical Importance: The technology aimed to provide a systematic, web-based framework for crowdsourcing creative development in media industries, leveraging the internet to connect a global pool of creators with content producers ('665 Patent, col. 2:8-12).
Key Claims at a Glance
- The complaint asserts independent claims 1 and 16 ('Compl. ¶23).
- The essential elements of independent claim 1 include a computer-based system comprising four specific subsystems:
- An electronic media submissions server subsystem with an interface for receiving and a database for storing electronic media submissions from a plurality of submitters over a public network.
- An electronic multimedia creator server subsystem operatively coupled to the submissions subsystem, configured to select and retrieve submissions using an electronic content filter based on user attributes to develop multimedia content.
- An electronic release subsystem operatively coupled to the creator subsystem, configured to make the developed multimedia content available for viewing on user devices.
- An electronic voting subsystem having a data processing apparatus and configured to enable a user to electronically vote for or rate the available multimedia content.
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 9,477,665 - Revenue-Generating Electronic Multi-Media Exchange and Process of Operating Same
- Issued: October 25, 2016
The Invention Explained
- Problem Addressed: The complaint states that the ’665 Patent shares an identical specification with the ’480 Patent and thus addresses the same technical problem of creating a structured exchange for user-submitted media content (Compl. ¶39; ’665 Patent, col. 2:43-57).
- The Patented Solution: This patent claims an electronic method for creating media content that mirrors the functionality of the system claimed in the ’480 Patent. The method involves steps of electronically retrieving submissions using a filter, generating a new multimedia file from those submissions, transmitting that file to webservers for viewing, and providing a graphical user interface for users to vote or rate the content ('665 Patent, Abstract, col. 39:21-40:59).
- Technical Importance: As with the ’480 patent, this method provided a novel process for leveraging a networked computer environment to systematize and scale the crowdsourcing of creative content for media industries ('665 Patent, col. 2:8-12).
Key Claims at a Glance
- The complaint asserts independent claim 1 and dependent claim 3 (Compl. ¶47).
- The essential steps of independent claim 1, an electronic method, include:
- Electronically retrieving a plurality of electronic media submissions from a database using an electronic content filter based on user attributes.
- Electronically generating a multimedia file from the retrieved submissions in a selected digital format, while maintaining submitter identification.
- Electronically transmitting the generated multimedia file to publicly accessible webservers for viewing on user devices.
- Providing a web-based graphical user interface that enables a user to transmit data indicating a vote or rating for the content.
- The complaint does not explicitly reserve the right to assert dependent claims.
III. The Accused Instrumentality
Product Identification
- The accused instrumentality is Defendant Redfin’s computer-based system, including its website (www.redfin.com) and associated mobile applications (Compl. ¶23, ¶47).
Functionality and Market Context
- The complaint alleges that the Redfin platform enables users, such as real estate agents and homeowners, to act as "user-submitters" by posting electronic submissions to create real estate listings (Compl. ¶24, ¶25). These submissions include multimedia content such as photos and textual descriptions (Compl. ¶27).
- The platform allegedly provides an "electronic content filter" that allows other users to search and retrieve these listings based on specified "user attributes," such as price, amenities (e.g., "Must Have Garage," "Waterfront Only"), and property features (Compl. ¶28). A screenshot provided in the complaint shows a user interface with selectable checkboxes for filtering search results (Compl. p. 19, ¶28).
- The system is also alleged to employ an "electronic voting subsystem" that allows users to "electronically vote for or rate" a real estate listing through the selection of a "Heart/Favorite button" (Compl. ¶31). A screenshot from the Redfin mobile interface highlights this "Favorite" button (Compl. p. 23, ¶31).
IV. Analysis of Infringement Allegations
- 9,501,480 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a computer-based system comprising: an electronic media submissions server subsystem having one or more data processing apparatus, and an electronic media submissions database stored on a non-transitory medium and a submissions electronic interface configured to receive electronic media submissions from a plurality of submitters over a public network, and store said electronic media submissions in said electronic media submissions database... | The complaint alleges Redfin's system includes servers and databases that receive and store user-submitted content, such as real estate listings with photos and text, via a web-based interface over the internet. A provided screenshot shows an interface for users to submit information about their home, such as renovations (Compl. p. 13). | ¶25 | ’665 Patent, col. 8:31-44 |
| an electronic multimedia creator server subsystem operatively coupled to the electronic media submissions server subsystem, having one or more data processing apparatus and an electronic creator multimedia database stored on a non-transitory medium, configured to select and retrieve a plurality of electronic media submissions from the electronic media submissions database using an electronic content filter located on the electronic multimedia creator server, said filter being based at least in part on at least one of the one or more user attributes to develop multimedia content to be electronically available for viewing on user devices... | Redfin's platform is alleged to use an electronic content filter that allows users to select and retrieve real estate listings from a database based on user-selected attributes like price, year built, and specific amenities. The complaint provides a screenshot showing a "Filters" dropdown menu with options like "Must Have Garage" and "Waterfront Only" (Compl. p. 19). | ¶28 | ’665 Patent, col. 4:48-51 |
| an electronic release subsystem operatively coupled to the electronic multimedia creator server subsystem, having one or more data processing apparatus and configured to make the multimedia content electronically available for viewing on one of more user devices... | The complaint alleges Redfin's system employs a release subsystem with servers that serve the real estate listings (multimedia content) to users for viewing on devices like computers and smartphones. A screenshot shows a property listing displayed on a mobile device (Compl. p. 9). | ¶30 | ’665 Patent, col. 4:42-47 |
| an electronic voting subsystem having one or more data processing apparatus and configured to enable a user to electronic vote for or electronically rate an electronically available multimedia content or an electronic media submission within a respective electronically available multimedia content. | Redfin's platform allegedly includes a feature enabling users to vote for or rate a real estate listing by selecting a "Heart/Favorite button." A provided screenshot highlights this "Favorite" button on a property listing page (Compl. p. 23). | ¶31 | ’665 Patent, col. 27:55-67 |
- Identified Points of Contention:
- Scope Questions: A central question may be whether Redfin’s platform, which aggregates and displays factual real estate data, constitutes a system to "develop multimedia content" in the manner contemplated by the patent, which originated in the context of creating derivative artistic works like television shows from user-submitted screenplays.
- Technical Questions: The analysis may turn on whether Redfin’s "Heart/Favorite button" performs the specific functions of the claimed "electronic voting subsystem." The patent specification describes this subsystem in the context of formal rating and ranking to determine rewards, which raises the question of whether a simple favoriting function meets this limitation.
- 9,477,665 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| electronically retrieving a plurality of electronic media submissions from an electronic media submissions database using an electronic content filter located on the one or more data processing apparatus, said filter being based at least in part on at least one of the one or more user attributes... | The complaint alleges Redfin's system retrieves real estate listings from its database using filters based on user-selected attributes such as price, garage spaces, and amenities. A screenshot displays a list of attributes like "Built in 1978" and "Has A/C" that are used for filtering (Compl. p. 17). | ¶49 | ’665 Patent, col. 40:11-20 |
| electronically generating a multimedia file from the retrieved electronic media submissions in accordance with a selected digital format, wherein the identification of the submitter is maintained with each retrieved submission within the multimedia file; | The complaint alleges that the Accused Instrumentality generates multimedia files from the retrieved submissions and that the submitter's identification is maintained. A screenshot of a listing identifies the listing agent by name, which is alleged to satisfy the submitter identification element (Compl. p. 15). | ¶52 | ’665 Patent, col. 40:41-47 |
| electronically transmitting the multimedia file to a plurality of publicly accessible webservers to be electronically available for viewing on one or more user devices over a public network via a web-browser; and | Redfin's system is alleged to employ an electronic release subsystem to serve real estate listings and associated content to users for viewing on devices such as computers and smartphones. | ¶53 | ’665 Patent, col. 40:48-52 |
| providing a web-based graphical user interface that enables a user to electronically transmit data indicating a vote or rating for an electronically available multimedia content or an electronic media submission within a respective electronically available multimedia content. | The complaint alleges Redfin provides a GUI that includes a "Heart/Favorite button," allowing users to electronically rate or vote on a real estate listing. | ¶54 | ’665 Patent, col. 40:53-59 |
- Identified Points of Contention:
- Technical Questions: A key technical question will be what evidence supports the allegation that the accused system is "electronically generating a multimedia file." The analysis may focus on whether dynamically assembling and transmitting data for a web browser to render a listing page constitutes the generation of a discrete "file" as required by the claim.
- Scope Questions: The dispute may raise the question of whether a real estate listing, comprised of user-submitted photos and data fields, falls within the scope of "multimedia content" as that term is used and described in the patent specification.
V. Key Claim Terms for Construction
Term: "electronic voting subsystem" (’480 Patent, Claim 1)
- Context and Importance: The viability of the infringement allegation against the ’480 patent depends on whether Redfin’s "Favorite" button can be construed as this subsystem. Practitioners may focus on this term because its definition will determine if a simple user engagement feature meets the requirements of a structured system component described in the patent.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim language is general, requiring only that the subsystem be "configured to enable a user to electronic vote for or electronically rate" content, which could arguably cover any mechanism for expressing preference (e.g., ’480 Patent, col. 39:53-58).
- Evidence for a Narrower Interpretation: The specification repeatedly describes the voting/rating system as part of a formal contest where audience rankings determine which submitters receive awards, suggesting a more complex function than a simple 'like' or 'favorite' button. The patent states, "the highest rated concept submitters receive rewards" and that the audience can "rank the released content" ('665 Patent, col. 12:1-15; col. 27:55-67).
Term: "electronically generating a multimedia file" (’665 Patent, Claim 1)
- Context and Importance: This active method step is central to the infringement theory for the ’665 patent. The case may turn on whether displaying a webpage of aggregated data is technically equivalent to "generating a file."
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent does not explicitly define "multimedia file," leaving open the possibility that a dynamically generated HTML document served to a browser could be considered a "file" in a broad sense. The patent describes the invention's applicability to evolving interactive media delivered over the Internet ('665 Patent, col. 6:14-25).
- Evidence for a Narrower Interpretation: The patent’s background discusses media content in the context of discrete creative works like "television programming, movies, music and the like" ('665 Patent, col. 1:19-21). This context may support a narrower construction where "generating a file" means creating a distinct, self-contained data object (e.g., a video file, a PDF document) rather than dynamically rendering a webpage.
VI. Other Allegations
The complaint does not provide sufficient detail for analysis of indirect or willful infringement.
VII. Analyst’s Conclusion: Key Questions for the Case
This case will likely depend on the resolution of several fundamental questions of claim scope and technical operation.
- A core issue will be one of definitional scope: can the patent's system and method, which are described in the context of a "media exchange" for crowdsourcing creative works like screenplays and songs, be construed to cover a modern real estate platform that aggregates and displays user-submitted property data?
- A second key question will be one of functional equivalence: does the accused platform’s "Favorite" button, a common user engagement feature, perform the specific functions of the claimed "electronic voting subsystem," which the patent specification frames as part of a structured process for ranking content to distribute rewards?
- Finally, a central evidentiary question will be one of technical operation: does the accused system’s process of dynamically assembling and serving a webpage constitute "electronically generating a multimedia file" as required by the asserted method claim, or is there a fundamental mismatch between the claimed process and the accused functionality?