`INTERNATIONAL BUSINESS
`MACHINES CORPORATION,
`
`
`
`
`Plaintiff,
`
`v.
`
`
`
`
`AIRBNB, INC.,
`
`
`
`
`
`Case 1:20-cv-00351-UNA Document 1 Filed 03/11/20 Page 1 of 20 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`
`
`
`)
`)
`)
`)
`)
`) C.A. No.
`)
`) JURY TRIAL DEMANDED
`)
`)
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Defendant.
`
`
`
`
`
`Plaintiff International Business Machines Corporation (“IBM”), for its Complaint for
`
`Patent Infringement against Airbnb, Inc. (“Airbnb”) demands a trial by jury on all issues so triable
`
`and alleges as follows:
`
`INTRODUCTION
`
`1.
`
`IBM is in the innovation business. Every year, IBM spends billions of dollars on
`
`research and development to invent, market, and sell new technology. For example, through its
`
`investments and innovations in the new frontier of quantum information science, IBM is the leader
`
`in commercializing quantum computing, once thought to be a purely academic exercise. IBM’s Q
`
`Network service—a community of Fortune 500 companies, academic institutions, research
`
`organizations, and startups working with IBM to advance quantum computing—now has over 100
`
`members.
`
`2.
`
`IBM obtains patents on the technology its inventors develop. The United States
`
`Patent Office awards thousands of patents to IBM each year. In fact, for each of the last 27 years,
`
`the Patent Office has awarded IBM more patents than any other company. Each of those patents
`
`grants IBM protection from those who would take its technology without permission. Those
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`patents are critical to IBM’s business and its licensing philosophy.
`
`3.
`
`For over twenty years, IBM has been a strong proponent of open source
`
`technologies. IBM was a founding member of Open Invention Network, the largest patent non-
`
`aggression community in history, which supports freedom of action in Linux, a key element of
`
`open source software. IBM has also pledged to provide open access to key innovations covered
`
`by hundreds of IBM software patents for those working on open source software. And early in
`
`2020, IBM joined the License on Transfer Network (“LOT Network”), a non-profit community of
`
`companies that supports open innovation and responsible stewardship of technology. LOT
`
`Network affirms the traditional use of patents—safeguarding the innovations of companies who
`
`research, develop, and sell new technologies—while protecting its members against companies
`
`who purchase or acquire patents from others.
`
`4.
`
`IBM also believes in the protection of its proprietary technologies, which result
`
`from IBM’s extensive investments in research and development and the hard work of IBM’s
`
`employees. IBM believes that companies who use IBM’s patented technology should agree to a
`
`license and pay a fair royalty. When a company is using IBM’s patents without authorization,
`
`IBM first seeks to negotiate an agreement whereby IBM and the other company each receive a
`
`license to the other’s patent portfolio. That way, each company can avoid litigation, be fairly
`
`compensated for the use of all of their patents, and maintain freedom to operate in their respective
`
`markets.
`
`5.
`
`IBM’s research and development is currently focused on technology that includes
`
`quantum computing, big data analytics, artificial intelligence, and natural language processing.
`
`But IBM also has a long history of innovating and licensing its technology in the field of internet
`
`commerce. In fact, long before Airbnb existed, IBM partnered with other companies to launch
`
`
`
`2
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`Prodigy, one of the very first e-commerce services. Airbnb, which was founded in 2008, long after
`
`e-commerce was already established, took those prior innovations made by IBM and others to
`
`create and run its new business.
`
`6.
`
`For almost six years, IBM has tried to negotiate a cross license with Airbnb.
`
`Dozens of similar companies, including Amazon, Apple, Google, and Facebook, have agreed to
`
`cross licenses with IBM. Unfortunately, Airbnb is not among them. Instead, to this day, Airbnb
`
`has chosen to willfully infringe IBM’s patents.
`
`7.
`
`After six years, enough is enough. This lawsuit seeks to end Airbnb’s unauthorized
`
`use of IBM’s patented technology.
`
`NATURE OF THE CASE
`
`8.
`
`This action arises under 35 U.S.C. § 271 for Defendant’s infringement of IBM’s
`
`United States Patent Nos. 7,072,849 (the “’849 patent”), 6,778,193 (the “’193 patent”), 7,631,346
`
`(the “’346 patent”), and 6,966,038 (the “’038 patent”) (collectively the “Patents-In-Suit”).
`
`THE PARTIES
`
`9.
`
`Plaintiff IBM is a New York corporation, with its principal place of business at 1
`
`New Orchard Road, Armonk, New York 10504.
`
`10.
`
`Defendant Airbnb is a Delaware corporation, with its principal place of business at
`
`888 Brannan Street, San Francisco, California 94103.
`
`JURISDICTION AND VENUE
`
`IBM incorporates by reference paragraphs 1-10.
`
`This action arises under the patent laws of the United States, including 35 U.S.C. §
`
`11.
`
`12.
`
`271 et seq. The jurisdiction of this Court over the subject matter of this action is proper under 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`13.
`
`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b) and (c) and 1400(b).
`
`
`
`3
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`Airbnb is an entity organized under the laws of Delaware and resides in Delaware for purposes of
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`venue under 28 U.S.C. §1400(b). Airbnb conducts business in Delaware, at least by offering for
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`sale and selling products and services through its websites and mobile applications, which are
`
`accessible in Delaware. Infringement has occurred and continues to occur in Delaware.
`
`14.
`
`Personal jurisdiction exists over Airbnb because Airbnb conducts business in
`
`Delaware, at least by offering for sale and selling products and services through its websites and
`
`mobile applications, which are accessible in Delaware, and because infringement has occurred and
`
`continues to occur in Delaware. Personal jurisdiction also exists over Airbnb because it is an entity
`
`organized under the laws of Delaware.
`
`A.
`
`IBM Is A Recognized Innovator.
`
`FACTUAL BACKGROUND
`
`15.
`
`IBM is recognized throughout the world as a pioneer in many aspects of science
`
`and technology. On ten occasions—more times than any other company or organization—IBM
`
`has been awarded the U.S. National Medal of Technology, the nation’s highest award for
`
`technological innovation. During IBM’s over 100-year history, IBM’s employees have included
`
`six Nobel laureates, five National Medal of Science recipients, and at least fourteen inventors in
`
`the National Inventors Hall of Fame.
`
`16.
`
`These and other IBM employees have introduced the world to technology that the
`
`global community takes for granted today, including the dynamic random access memory
`
`(DRAMs) found in nearly all modern computers; magnetic disk storage (hard disk drives) found
`
`in computers and portable music players; and some of the world’s most powerful supercomputers,
`
`and including Deep Blue, the first computer to beat a reigning chess champion. IBM’s
`
`commitment to developing these types of advanced computing technologies has helped to usher in
`
`the information age.
`
`
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`4
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`B.
`
`IBM Is Committed To Protecting Its Innovations Through The Patent System.
`
`17.
`
`IBM’s research and development operations differentiate IBM from many other
`
`companies. IBM annually spends billions of dollars for research and development. In addition to
`
`yielding inventions that have literally changed the way in which the world works, IBM’s research
`
`and development efforts have resulted in more than 60,000 patents worldwide.
`
`18.
`
`Like the research upon which the patents are based, IBM’s patents also benefit
`
`society. Indeed, the Supreme Court has recognized that the patent system encourages both the
`
`creation and the disclosure of new and useful advances in technology. Such disclosure, in turn,
`
`permits society to innovate further. And, as the Court has further recognized, as a reward for
`
`committing resources to innovation and for disclosing that innovation, the patent system provides
`
`patent owners with the exclusive right to prevent others from practicing the claimed invention for
`
`a limited period of time.
`
`C.
`
`IBM Routinely Licenses Its Patents In Many Fields But Will Enforce Its Rights
`Against Those Who Use Its Intellectual Property Unlawfully.
`
`19.
`
`IBM’s commitment to creating a large patent portfolio underscores the value that
`
`IBM places in the exchange of innovation, and disclosure of that innovation, in return for limited
`
`exclusivity. Indeed, IBM has used its patent portfolio to generate revenue and other significant
`
`value for the company by executing patent cross-license agreements. The revenue generated
`
`through patent licensing enables IBM to continue to commit resources to innovation. Cross
`
`licensing, in turn, provides IBM with the freedom to innovate and operate in a manner that respects
`
`the technology of others.
`
`20.
`
`Given the investment IBM makes in the development of new technologies and the
`
`management of its patent portfolio, IBM and its shareholders expect companies to act responsibly
`
`with respect to IBM’s patents. IBM facilitates this by routinely licensing its patents in many fields
`
`
`
`5
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`and by working with companies that wish to use IBM’s technology in those fields in which IBM
`
`grants licenses. When a company appropriates IBM’s intellectual property but refuses to negotiate
`
`a license, IBM has no choice but to seek judicial assistance.
`
`D.
`
`IBM Invented Methods For Presenting Applications And Advertisements In An
`Interactive Service While Developing The PRODIGY Online Service.
`
`21.
`
`The inventors of the ’849 patent developed the patented technology as part of the
`
`efforts to launch the PRODIGY online service (“Prodigy”), a forerunner to today’s Internet, in the
`
`late 1980s. The inventors believed that to be commercially viable, Prodigy would have to provide
`
`interactive applications to millions of users with minimal response times. The inventors believed
`
`that the “dumb” terminal approach that had been commonly used in conventional systems, which
`
`heavily relied on host servers’ processing and storage resources for performance, would not be
`
`suitable. As a result, the inventors sought to develop more efficient methods of communication
`
`that would improve the speed and functionality of interactive applications and reduce equipment
`
`capital and operating costs.
`
`22.
`
`In light of the above considerations, the inventors developed novel methods for
`
`presenting applications and advertisements in an interactive service that would take advantage of
`
`the computing power of each user’s PC and thereby reduce demand on host servers, such as those
`
`used by Prodigy. The inventors recognized that if applications were structured to be comprised of
`
`“objects” of data and program code capable of being processed by a user’s PC, the Prodigy system
`
`would be more efficient than conventional systems. By harnessing the processing and storage
`
`capabilities of the user’s PC, applications could then be composed on the fly from objects stored
`
`locally on the PC, reducing reliance on Prodigy’s server and network resources.
`
`23.
`
`The service that would eventually be called Prodigy embodied inventions from the
`
`’849 patents when it launched in late 1988, before the existence of the World Wide Web. The
`
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`6
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`efficiencies derived from the use of the patented technology permitted the implementation of one
`
`of the first graphical user interfaces for online services. The efficiencies also allowed Prodigy to
`
`quickly grow its user base. By 1990, Prodigy had become one of the largest online service
`
`providers with hundreds of thousands of users. The technological innovations embodied in this
`
`patent persist to this day and are fundamental to the efficient communication of Internet content.
`
`E.
`
`IBM Invented Methods of Improving Contextual Searching Using Visual
`Workspaces.
`
`24.
`
`The inventors of the ’193 patent developed the patented technology as part of
`
`IBM’s efforts to improve graphical user interfaces (“GUIs”) for customer self-service search and
`
`retrieval systems. Customer search and retrieval may include knowledge management systems,
`
`information portals, search engines, and data miners. Providing efficient and satisfactory search
`
`results using such systems requires that users provide relevant contextual information in
`
`conjunction with a search query. At the time of the invention, engineers attempted to solve this
`
`problem through the use of GUIs, which represented available applications and data sets via icons.
`
`However, these prior art GUIs failed to address the full range of relevant contextual variables for
`
`user queries, and also did not provide a graphical method for fine tuning the relevant context
`
`variables.
`
`25.
`
`The inventors of the ’193 patent thus recognized a need to provide an improved
`
`GUI for customer search and retrieval functions to facilitate the efficient location of relevant
`
`resources in response to a query by enabling the expression of a user’s context as part of the query
`
`and indicating the relevance of returned results in that context. The inventors of the ’193 patent
`
`developed systems and methods of using user context attributes and graphical user interfaces to
`
`allow users to search for content and subsequently narrow the results based on user context to
`
`obtain increased specificity and accuracy in search results. The patented technology of the ’193
`
`
`
`7
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`patent provides for more efficient search and retrieval in part through a novel iconic graphical user
`
`interface that enables the expression of a user’s context as part of the user query, which has the
`
`benefit of minimizing user time and resource intensive system processes. For example, the more
`
`efficient search processes of the ’193 patent reduce the server processing steps required to provide
`
`relevant search results and thus allow the server to process search queries faster.
`
`F.
`
`IBM Invented Methods For A Runtime User Account Creation Operation Using A
`Single-Sign-On Process In A Federated Computer Environment.
`
`26.
`
`The inventors of the ’346 patent developed the patented technology as part of
`
`IBM’s efforts to improve single-sign-on technology. To access a protected resource at a service
`
`provider on the Internet, a user typically has to authenticate him or herself with the service
`
`provider. Single-sign-on technology facilitates a user’s connection to resources by requiring only
`
`one authorization operation during a particular user session. However, conventional technology
`
`at the time of the invention required that the user already have an account with the service provider
`
`to use single-sign-on technology.
`
`27.
`
`The inventors of the ’346 patent sought to develop single-sign-on technology that
`
`would permit a new user of a service provider to access protected resources. They developed novel
`
`methods for systems interacting within a federated computing environment to trigger a single-sign-
`
`on operation on behalf of a user that would obtain access to a protected resource and create an
`
`account for the user. The specification discloses how to structure a federated computing
`
`environment and the sequence and content of interactions between different systems that can
`
`support the patented methods. The ’346 patent thus extends the benefits of single-sign-on
`
`technology.
`
`G.
`
`IBM Invented Methods For Improved Navigation Using Bookmarks For Movement
`Between File And Program Locations In A Computer Network Environment.
`
`28.
`
` The inventors of the ’038 patent developed the patented technology as part of
`
`
`
`8
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`IBM’s efforts to provide easy navigation between distributed resources in a computer environment.
`
`Prior to the ’038 patent, to access a program or file on a computer system, a user typically had two
`
`options. The user could enter the name of the program or file into a menu, which typically required
`
`the user to remember the name of the file for the program or browse through a number of options.
`
`Alternatively, the user could manually search the computer system to find and select the desired
`
`program. To access a file within a particular program, the user would take the additional step of
`
`opening the file by accessing it using the associated program. Both of these conventional methods
`
`presented major drawbacks, especially as computer systems became more complex. A user would
`
`have to either remember or have a list of every file and program name in the computer system in
`
`order to locate and access any desired program or file.
`
`29.
`
`The inventors of the ’038 patent recognized a need for a more efficient method of
`
`navigating to different locations in one or more computer systems. The inventors therefore
`
`developed technology for enabling a user to select specialized bookmarks in a graphical user
`
`interface. The bookmarks could refer to one or more locations in the computer system and allow
`
`the user to instantly access files, programs, files within programs, views within programs, or other
`
`resources. Users could thus proceed directly to the desired location through the desired program
`
`in the desired computer system. Computer systems at the time of the invention were growing in
`
`storage space and processing power, and the inventions of the ’038 patent helped address new
`
`demands to easily and efficiently access an ever-growing number of files, programs, interfaces,
`
`and computer systems.
`
`H.
`
`Airbnb Has Built Its Business By Infringing IBM’s Patents.
`
`30.
`
`Airbnb connects consumers wishing to make reservations related to lodging,
`
`tourism, and other travel experiences with providers of those services. Airbnb has grown rapidly
`
`and now has billions of dollars of revenue per year.
`9
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`31.
`
`Rather than build its business on its own technologies, Airbnb has appropriated the
`
`inventions of the Patents-In-Suit. Websites under Airbnb’s control, including at least
`
`www.airbnb.com, use the technology claimed by the Patents-In-Suit to provide services related to
`
`lodging, tourism, and other travel experiences to their users. Mobile applications under Airbnb’s
`
`control, including at least mobile applications running on, for example, Apple iOS and Google
`
`Android operating systems, use the technology claimed by the Patents-In-Suit to provide services
`
`related to lodging, tourism, and other travel experiences to their users.
`
`32.
`
`IBM has tried to work with Airbnb to negotiate a licensing agreement since May
`
`2014.
`
`33.
`
`In May 2014, IBM first contacted Airbnb about a potential license agreement. In
`
`the following months, the parties discussed IBM’s patent portfolio, including the ’849 and ’346
`
`patents. In August 2014, IBM met with Airbnb to attempt to reach a license agreement without
`
`success.
`
`34.
`
`In the following year, IBM continued to attempt to engage with Airbnb. In May
`
`and June 2015, IBM informed Airbnb that it was infringing the ’849 and ’346 patents, among
`
`several other IBM patents.
`
`35.
`
`Over the next several years, IBM continued to attempt to resolve Airbnb’s
`
`continued infringement without success. In March 2017, IBM provided Airbnb with detailed
`
`evidence showing how Airbnb infringed the ’849 and ’346 patents, among other IBM patents.
`
`Airbnb refused to engage in serious discussions to end Airbnb’s unauthorized use of IBM’s
`
`patents.
`
`36.
`
`In December 2019, IBM provided Airbnb with detailed evidence showing how it
`
`infringed additional patents, including the ’193 and ’038 patents. Airbnb continued to stonewall
`
`
`
`10
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`and delay rather than engaging in negotiations. In January 2020, IBM made one final attempt to
`
`negotiate a license to its patented technology with Airbnb, but Airbnb steadfastly refused to enter
`
`into a license agreement fairly compensating IBM for its longstanding use of IBM’s patented
`
`technology.
`
`37.
`
`Since 2014, IBM has repeatedly attempted to engage with Airbnb. During this
`
`process, Airbnb has refused to engage in any meaningful discussions about reaching a license to
`
`end Airbnb’s infringement of IBM’s patents. Instead, Airbnb has continued to willfully infringe
`
`IBM’s patents so as to obtain the significant benefits of IBM’s innovations without paying any
`
`compensation to IBM.
`
`38.
`
`Because IBM’s over five-year struggle to negotiate a license agreement that
`
`remedies Airbnb’s unlawful conduct has failed, IBM has been forced to seek relief through
`
`litigation. Among other relief sought, IBM seeks royalties and damages on the billions of dollars
`
`in revenue that Airbnb has received based on their willful infringement of IBM’s patented
`
`technology.
`
`39.
`
`40.
`
`COUNT ONE
`
`INFRINGEMENT OF THE ’849 PATENT
`
`IBM incorporates by reference paragraphs 1-38.
`
`IBM is the owner of all right, title and interest in the ’849 patent. The ’849 patent
`
`was duly and properly issued by the USPTO on July 4, 2006. The ’849 patent was duly assigned
`
`to IBM. A copy of the ’849 patent is attached hereto as Exhibit A.
`
`41.
`
`In violation of 35 U.S.C. § 271, Airbnb has infringed, contributed to the
`
`infringement of, and/or induced others to infringe one or more of the claims of the ’849 patent by
`
`having made, designed, offered for sale, sold, provided, used, maintained, and/or supported its
`
`websites, including www.airbnb.com and its mobile applications, including the Airbnb
`
`
`
`11
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`applications for mobile devices running on, for example, the Apple iOS and Google Android
`
`operating systems. Airbnb’s infringement is continuing.
`
`42.
`
`For example, www.airbnb.com and Airbnb mobile applications infringe at least
`
`claim 1 of the ’849 patent at least by:
`
`a.
`
`presenting advertising obtained from a computer network (such as the
`
`Internet), the network including a multiplicity of user reception systems (such as the
`
`computers or mobile devices of Airbnb’s customers) at which respective users can request
`
`applications (such as Stays, Experiences, and Adventures), from the network, that include
`
`interactive services (such as offering reservations), the respective reception systems
`
`including a monitor (such as a computer monitor or mobile screen of an Airbnb customer’s
`
`computer or mobile device) at which at least the visual portion of the applications can be
`
`presented as one or more screens of display, the method comprising the steps of:
`
`b.
`
`structuring applications (such as Stays, Experiences, and Adventures) so that
`
`they may be presented, through the network, at a first portion (such as the portion of the
`
`webpage in which the content for Stays, Experiences, and Adventures is presented) of one
`
`or more screens of display; and
`
`c.
`
`structuring advertising (such as advertising for stays) in a manner compatible
`
`to that of the applications so that it may be presented, through the network, at a second
`
`portion (such as the portion of the webpage in which the advertising for stays is presented)
`
`of one or more screens of display concurrently with applications (such as Stays,
`
`Experiences, and Adventures), wherein structuring the advertising includes configuring the
`
`advertising as objects (such as HTTP Responses containing png or jpeg files) that include
`
`advertising data and;
`
`
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`12
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`d.
`
`selectively storing (such as by setting a cache control parameter) advertising
`
`objects at a store (such as the browser cache) established at the reception system.
`
`43.
`
`IBM has been damaged by the infringement of its ’849 patent by Airbnb and will
`
`continue to be damaged by such infringement. IBM is entitled to recover from Airbnb the damages
`
`sustained by IBM as a result of Airbnb’s wrongful acts.
`
`44.
`
`The continued infringement by Airbnb of the ’849 patent is deliberate and willful,
`
`entitling IBM to increased damages under 35 U.S.C. § 284 and to attorney fees and costs incurred
`
`in prosecuting this action under 35 U.S.C. § 285.
`
`45.
`
`IBM has suffered and continues to suffer irreparable harm, for which there is no
`
`adequate remedy at law, and will continue to do so unless Airbnb is enjoined therefrom by this
`
`Court.
`
`46.
`
`47.
`
`COUNT TWO
`
`INFRINGEMENT OF THE ’193 PATENT
`
`IBM incorporates by reference paragraphs 1-45.
`
`IBM is the owner of all right, title and interest in the ’193 patent. The ’193 patent
`
`was duly and properly issued by the USPTO on August 17, 2004. The ’193 patent was duly
`
`assigned to IBM. A copy of the ’193 patent is attached hereto as Exhibit B.
`
`48.
`
`In violation of 35 U.S.C. § 271, Airbnb has infringed, contributed to the
`
`infringement of, and/or induced others to infringe one or more of the claims of the ’193 patent by
`
`having made, designed, offered for sale, sold, provided, used, maintained, and/or supported its
`
`websites, including www.airbnb.com, and its mobile applications, including the Airbnb
`
`applications for mobile devices running on, for example, the Apple iOS and Google Android
`
`operating systems. Airbnb’s infringement is continuing.
`
`49.
`
`For example, Airbnb infringes because www.airbnb.com and Airbnb mobile
`
`
`
`13
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`applications infringe at least claim 1 of the ’193 patent at least by:
`
`a.
`
`Providing a graphical user interface (such as an Airbnb GUI) for a customer
`
`self service system (such as the Airbnb web site) that performs resource search and
`
`selection (such as allowing travelers to select and search “places to stay” and “things to
`
`do”) comprising:
`
`b.
`
`a first visual workspace (such as the initial Airbnb search/query screen)
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`comprising entry field enabling entry of a query for a resource (such as the query fields on
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`the initial Airbnb search/query screen) and, one or more selectable graphical user context
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`elements (such as the search options in the Airbnb search/query screen), each element
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`representing a context associated with the current user state and having context attributes
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`(such as the number and type of guests and options for stays, experiences, and adventures)
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`and attribute values (such as the values associated with the aforementioned context
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`attributes) associated therewith;
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`c.
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`a second visual workspace for visualizing (such as Airbnb search results) the
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`set of resources that the customer self service system has determined to match the user’s
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`query (such as each search result displayed on the search results page), said system
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`indicating a degree of fit of said determined resources with said query (such as the sort
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`order of the search results displayed on the search results page);
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`d.
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`a third visual workspace (such as the “More filters” window accessed from
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`the Airbnb search results screen) for enabling said user to select and modify context
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`attribute values to enable increased specificity and accuracy of a query’s search parameters
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`(such as the dropdown fields that appear on selection), said third visual workspace further
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`enabling said user to specify resource selection parameters and relevant resource evaluation
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`
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`14
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`Case 1:20-cv-00351-UNA Document 1 Filed 03/11/20 Page 15 of 20 PageID #: 15
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`criteria (such as checkboxes for superhost and Amenities) utilized by a search mechanism
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`in said system (such as the search button in the “More filters” window), said degree of fit
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`indication based on said user's context, and said associated resource selection parameters
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`and relevant resource evaluation criteria (such as the sort order of the search results
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`displayed on the search results page); and,
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`e.
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`a mechanism enabling said user to navigate among said first, second and
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`third visual workspaces to thereby identify and improve selection logic and response sets
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`fitted to said query (such as the search button on the initial Airbnb search/query screen
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`and/or the “More filters” link in the Airbnb search results screen).
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`50.
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`IBM has been damaged by the infringement of its ’193 patent by Airbnb. IBM is
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`entitled to recover from Airbnb the damages sustained by IBM as a result of Airbnb’s wrongful
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`acts.
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`51.
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`The infringement by Airbnb of the ’193 patent was deliberate and willful, entitling
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`IBM to increased damages under 35 U.S.C. § 284 and to attorney fees and costs incurred in
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`prosecuting this action under 35 U.S.C. § 285.
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`COUNT THREE
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`INFRINGEMENT OF THE ’346 PATENT
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`IBM incorporates by reference paragraphs 1-51.
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`IBM is the owner of all right, title and interest in the ’346 patent. The ’346 patent
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`52.
`
`53.
`
`was duly and properly issued by the USPTO on December 8, 2009. The ’346 patent was duly
`
`assigned to IBM. A copy of the ’346 patent is attached hereto as Exhibit C.
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`54.
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`In violation of 35 U.S.C. § 271, Airbnb has infringed, contributed to the
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`infringement of, and/or induced others to infringe one or more of the claims of the ’346 patent by
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`having made, designed, offered for sale, sold, provided, used, maintained, and/or supported their
`
`
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`15
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`Case 1:20-cv-00351-UNA Document 1 Filed 03/11/20 Page 16 of 20 PageID #: 16
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`websites, including www.airbnb.com and its mobile applications, including the Airbnb
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`applications for mobile devices running on, for example, the Apple iOS and Google Android
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`operating systems. Airbnb’s infringement is continuing.
`
`55.
`
`For example, www.airbnb.com and Airbnb mobile applications infringe claim 1 of
`
`the ’346 patent by, for example:
`
`a.
`
`managing user authentication (such as verifying the identity of an Airbnb
`
`user) within a distributed data processing system (such as a computer network), wherein a
`
`first system (such as Facebook and its network) and a second system (such as Airbnb and
`
`its network) interact within a federated computing environment (such as a computer
`
`network; for example, the Internet, including Facebook and Airbnb) and support single-
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`sign-on operations (“Sign in” operations) in order to provide access to protected resources
`
`(such as the “Trips” option), at least one of the first system and the second system
`
`comprising a processor, the method comprising;
`
`b.
`
`triggering a single-sign-on operation (such as launching an operation to
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`“Sign up” using Facebook) on behalf of the user in order to obtain access to a protected
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`resource that is hosted by the second system, wherein the second system requires a user
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`account for the user to complete the single-sign-on operation (such as requiring the user to
`
`have an Airbnb account) prior to providing access to the protected resource;
`
`c.
`
`receiving from the first system at the second system an identifier associated
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`with the user (such as an email address, Facebook ID, name, or access token);
`
`d.
`
`creating a user account (such as an Airbnb account) for the user at the second
`
`system based at least in part on the received identifier associated with the user after
`
`triggering the single-sign-on operation but before generating at the second system a
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`
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`16
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`Case 1:20-cv-00351-UNA Document 1 Filed 03/11/20 Page 17 of 20 PageID #: 17
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`response for accessing the protected resource (such as the “Trips” option), wherein the
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`created user account supports single-sign-on operations (such as future Airbnb single-sign-
`
`on operations) between the first system and the second system on behalf of the user;
`
`56.
`
`IBM has been damaged by the infringement of its ’346 patent by Airbnb and will
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`continue to be damaged by such infringement.