DCT
3:11-cv-00769
Select Retrieval LLC v. Colony Brands Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Select Retrieval, LLC (Texas)
- Defendant: Colony Brands, Inc. and its affiliates (collectively "Defendants") (Wisconsin)
- Plaintiff’s Counsel: Davis & Kuelthau, s.c.
- Case Identification: 3:11-cv-00769, W.D. Wis., 11/16/2011
- Venue Allegations: Plaintiff alleges venue is proper because Defendants conduct business in the district, including making, using, offering for sale, and/or selling the accused products in the Western District of Wisconsin.
- Core Dispute: Plaintiff alleges that Defendants’ e-commerce websites infringe a patent related to methods for displaying and retrieving data from a database using a hierarchical graphical interface.
- Technical Context: The technology relates to user interface design for navigating and querying complex databases, a foundational technology for e-commerce and other data-intensive web applications.
- Key Procedural History: The complaint alleges that Plaintiff sent a letter to Defendant Colony Brands, Inc. on August 29, 2011, providing notice of the asserted patent and its alleged infringement. This act forms the basis for the willfulness allegations.
Case Timeline
| Date | Event |
|---|---|
| 1997-11-24 | U.S. Patent No. 6,128,617 Priority Date |
| 2000-10-03 | U.S. Patent No. 6,128,617 Issued |
| 2011-08-29 | Plaintiff allegedly sent notice letter to Defendant |
| 2011-11-16 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 6,128,617 - DATA DISPLAY SOFTWARE WITH ACTIONS AND LINKS INTEGRATED WITH INFORMATION
- Patent Identification: U.S. Patent No. 6,128,617, DATA DISPLAY SOFTWARE WITH ACTIONS AND LINKS INTEGRATED WITH INFORMATION, issued October 3, 2000.
The Invention Explained
- Problem Addressed: The patent describes a problem in early computer systems where the information displayed to a user (e.g., in a spreadsheet or database) was distinct and separate from the graphical controls (e.g., buttons, menus) used to manipulate that information, creating user difficulty and "clutter" (’617 Patent, col. 1:11–28).
- The Patented Solution: The invention proposes a system where "active control elements" are integrated directly into the displayed information (’617 Patent, col. 3:35-38). Specifically, it describes rendering a series of "hierarchical graphical listings or charts" where a user’s selection of a "node" in one chart is tracked, and a sequence of such selections across successive charts is used to automatically form a database query to retrieve specific information (’617 Patent, col. 2:35-44; Fig. 4). This method aims to simplify information retrieval from complex databases.
- Technical Importance: The technology provided a method for creating navigable, drill-down style user interfaces for databases, moving beyond simple hyperlinks to create a structured query process based on a user's path through a hierarchy.
Key Claims at a Glance
- The complaint does not identify specific claims but alleges infringement of the patent generally (Compl. ¶22). Independent claim 1 is representative of the asserted technology.
- Independent Claim 1 (Method):
- rendering on a display screen plural successive integrated active information documents, each having one or more action control elements integrated into information in the document;
- obtaining control element selections of particular action control elements in the plural successive integrated active information documents, one or more of the action control elements corresponding to one or more fields of the database record; and
- forming a database query according to the action control element selections.
- The complaint makes a general prayer for relief and does not explicitly reserve the right to assert dependent claims, though this is standard practice.
III. The Accused Instrumentality
Product Identification
- The accused instrumentalities are numerous e-commerce websites allegedly operated by Defendant Colony Brands, Inc. and its affiliates, including www.swisscolony.com, www.wards.com, www.seventhavenue.com, and others (Compl. ¶¶ 22-33).
Functionality and Market Context
- The complaint does not describe the specific functionality of the accused websites in technical detail. It alleges broadly that the websites "embody the inventions claimed in the ’617 Patent" by allowing users to navigate through product categories and listings to find and view specific products (Compl. ¶22). The complaint asserts that the defendants are members of a "Family of Brands," suggesting the accused websites represent a significant, coordinated e-commerce operation (Compl. ¶18).
IV. Analysis of Infringement Allegations
The complaint provides a high-level, narrative theory of infringement without a detailed claim chart or specific factual mapping. The analysis below is based on the logical inferences from the complaint's allegations. No probative visual evidence provided in complaint.
’617 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| rendering on a display screen plural successive integrated active information documents, each having one or more action control elements integrated into information in the document; | The complaint alleges that Defendants' websites render a series of web pages (e.g., category pages, sub-category pages, product pages) that present information and contain selectable links or buttons. | ¶¶ 22-33 | col. 2:35-38 |
| obtaining control element selections of particular action control elements in the plural successive integrated active information documents, one or more of the action control elements corresponding to one or more fields of the database record; and | The complaint's theory appears to be that when a user clicks on a link (an "action control element") on one of these pages, the website "obtains" that selection, which corresponds to a database field (e.g., a product category or brand). | ¶¶ 22-33 | col. 2:38-41 |
| forming a database query according to the action control element selections | The complaint suggests that the sequence of user clicks on the websites is used by the backend system to build and execute a database query that retrieves the information for the next web page presented to the user. | ¶¶ 22-33 | col. 2:41-44 |
- Identified Points of Contention:
- Scope Questions: A primary dispute may arise over whether a standard e-commerce website, composed of hyperlinked HTML pages, constitutes "plural successive integrated active information documents" as claimed. The patent specification distinguishes its invention from prior art HTML, which "remains limited to linking separate documents or files" (’617 Patent, col. 1:56-58). This raises the question of whether the claimed "integration" requires a more specific technical architecture than that used by the accused websites.
- Technical Questions: The complaint does not provide evidence on how the accused websites' backend systems operate. A key technical question will be whether the websites "form[...] a database query according to the action control element selections" in the sequential, cumulative manner described by the patent (e.g., Fig. 6A, tracking a "chart navigation sequence"), or if they use a different, more conventional method of stateless or session-based data retrieval common to web applications.
V. Key Claim Terms for Construction
- The Term: "integrated active information documents"
- Context and Importance: This term is central to the scope of the claims. Its construction will determine whether the patent reads on conventional web pages or is limited to the specific chart-based systems depicted in the patent's figures. The infringement case hinges on whether a standard e-commerce site can be considered a series of these "documents."
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent states that the invention improves upon prior art where information and controls are "distinguished and separated" (’617 Patent, col. 1:19-22). Parties arguing for a broad construction may assert that any web page with clickable elements that retrieve data has "integrated" the controls with the information.
- Evidence for a Narrower Interpretation: The patent repeatedly describes the invention in terms of "hierarchical graphical listing[s] or chart[s]" with "nodes" and "branches" (e.g., ’617 Patent, Abstract; Fig. 2; col. 2:1-5). The detailed description of specific embodiments like the vertical chart (Fig. 2) and integrated form (Fig. 7A) may support a narrower construction limited to these specific implementations, rather than general-purpose websites.
VI. Other Allegations
- Willful Infringement: The complaint alleges that Defendants' infringement has been willful and deliberate since at least August 29, 2011, the date on which Plaintiff allegedly sent a letter to Colony Brands, Inc. identifying the ’617 Patent and its alleged infringement (Compl. ¶¶ 22-33). The claim is based on alleged post-suit knowledge.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: Can the term "integrated active information documents," which is described in the patent in the context of specific hierarchical charts for database navigation, be construed broadly enough to cover a series of standard hyperlinked pages on an e-commerce website? The patent's own distinction from conventional HTML may be a central point of argument.
- A second issue will be one of pleading sufficiency and evidence: The complaint, filed in 2011, provides only conclusory allegations of infringement without specific facts explaining how the accused websites practice each element of the asserted claims. A key question will be whether discovery yields evidence that the accused websites' underlying architecture performs the specific, sequential query-building process claimed in the patent, or reveals a fundamental mismatch in technical operation.