Case 1:20-cv-01345-UNA Document 1 Filed 10/02/20 Page 1 of 40 PageID #: 1
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`WRINKL, INC.,
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`FACEBOOK, INC., WHATSAPP, INC.,
`and INSTAGRAM, LLC,
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`v.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Plaintiff,
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`Defendants.
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`C.A. No. ________
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Wrinkl, Inc. (“Wrinkl”) files this Complaint for Patent Infringement and
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`Demand for Jury Trial against Facebook, Inc., WhatsApp, Inc., and Instagram, LLC
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`(collectively, “Defendants”) and alleges as follows:
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`THE PARTIES
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`1.
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`Plaintiff Wrinkl, Inc. is a Delaware Corporation with its principal place of
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`business in Blue Bell, PA.
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`2.
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`Defendant Facebook, Inc. (“Facebook”) is a Delaware Corporation with its
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`principal place of business at 1 Hacker Way, Menlo Park, CA 94025.
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`3.
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`Defendant WhatsApp, Inc. (“WhatsApp”) is a Delaware corporation with its
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`principal place of business at 1601 Willow Road, Menlo Park, CA 94025. Upon information and
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`belief, WhatsApp is a wholly owned subsidiary of Facebook.
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`4.
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`Defendant Instagram, LLC (“Instagram”) is a Delaware Corporation with its
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`principal place of business at 1601 Willow Road, Menlo Park, CA 94025. Upon information and
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`belief, Instagram is a wholly owned subsidiary of Facebook.
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`

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`Case 1:20-cv-01345-UNA Document 1 Filed 10/02/20 Page 2 of 40 PageID #: 2
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`JURISDICTION AND VENUE
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`5.
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`This action arises under the Patent Act, 35 U.S.C. § 101 et seq. This Court has
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`original jurisdiction over this controversy under 28 U.S.C. §§ 1331 and 1338.
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`6.
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`This Court has personal jurisdiction over Defendant Facebook, Inc. because
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`Facebook, Inc. is a Delaware corporation and because, on information and belief, Facebook, Inc.
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`has regularly and systematically transacted business in this judicial district, directly or through
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`intermediaries, and/or committed acts of infringement in this judicial district.
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`7.
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`This Court has personal jurisdiction over Defendant WhatsApp, Inc. because
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`WhatsApp, Inc. is a Delaware corporation and because, on information and belief, WhatsApp,
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`Inc. has regularly and systematically transacted business in this judicial district, directly or
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`through intermediaries, and/or committed acts of infringement in this judicial district.
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`8.
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`This Court has personal jurisdiction over Defendant Instagram, LLC because
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`Instagram, LLC is a Delaware limited liability company and because, on information and belief,
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`Instagram, LLC has regularly and systematically transacted business in this judicial district,
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`directly or through intermediaries, and/or committed acts of infringement in this judicial district.
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`9.
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`Defendants’ Registered Agent in the State of Delaware is Corporation Service
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`Company, 2711 Centerville Road, Suite 400, Wilmington, County of New Castle, 19808.
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`10.
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`11.
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`Venue is proper in this Court pursuant to 28 U.S.C. § 1400(b).
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`Upon information and belief and as further explained below, Defendants have
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`been and are acting in concert, and are otherwise liable jointly, severally or otherwise for a right
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`to relief related to or arising out of the same transaction, occurrence, or series of transactions or
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`occurrences related to the making, using, selling, offering for sale or otherwise distributing the
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`Facebook Messenger, Facebook Workplace Chat, WhatsApp Messenger, and Instagram apps in
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`2
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`Case 1:20-cv-01345-UNA Document 1 Filed 10/02/20 Page 3 of 40 PageID #: 3
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`this District and elsewhere in the United States. In addition, this action involves questions of law
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`and fact that are common to all Defendants.
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`12.
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`Facebook’s Form 10-Q filing to the Securities Exchange Commission for the
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`period ending on June 30, 2020, uses the term “Family” to refer to “our Facebook, Instagram,
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`Messenger, and WhatsApp products” and reports “estimates of the numbers of our daily active
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`people (DAP), monthly active people (MAP), and average revenue per person (ARPP)
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`(collectively, our ‘Family metrics’) based on the activity of users who visited at least one of
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`Facebook, Instagram, Messenger, and WhatsApp (collectively, our ‘Family’ of products) during
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`the applicable period of measurement.”1 Upon information and belief, Facebook does not
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`separately report revenue from the Accused Products in its filings to the Securities Exchange
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`Commission, but rather reports combined revenue.
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`13. Market analysis indicates that Facebook, WhatsApp, and Instagram and their
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`respective products are viewed in the market as an integrated package with each of the products
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`benefiting from substantial network effects.2
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`1 https://investor.fb.com/financials/sec-filings-details/default.aspx?FilingId=14302237 (accessed
`Sept. 24, 2020).
`2 See https://www.marketwatch.com/story/the-youtube-and-instagram-secret-that-google-and-
`facebook-dont-want-you-to-know-2018-01-26 (accessed Sept. 24, 2020) (“For some analysts, the
`question of breaking out revenue for Instagram is moot, however, because the company
`essentially sells ads for Facebook and Instagram as a single package. . . .”);
`http://markets.businessinsider.com/news/stocks/facebook-stock-price-analyst-interview-2017-8-
`1002276065 (accessed Sept. 24, 2020) (“More and more people are spending more of their daily
`waking hours on Facebook. We estimate that across Facebook’s different properties -
`Facebook.com, WhatsApp, Messenger, and Instagram - users spend on average close to an hour
`every day. That metric was a lot lower two or three years ago. By having people spend more time
`on the sites or apps, they’re obviously consuming more content, more pages, and giving
`Facebook the ability to monetize against that content and pages.”);
`https://www.morningstar.in/posts/59194/3/5-global-stocks-you-can-invest-in.aspx (accessed
`Sept. 24, 2020) (“Now that Facebook has emerged as the clear-cut social media leader, we
`believe that the company’s offerings, consisting mainly of Facebook, Instagram, Messenger, and
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`3
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`

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`Case 1:20-cv-01345-UNA Document 1 Filed 10/02/20 Page 4 of 40 PageID #: 4
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`14.
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`Upon information and belief, between 2017 and the filing of this Complaint,
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`Facebook migrated the Instagram app and WhatsApp Messenger messaging services from third
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`party servers onto servers in Facebook’s own data centers.
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`15.
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`Upon information and belief, Facebook not only “owns,” but also “operates” both
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`the Instagram app and WhatsApp Messenger, such operation including the cooperative
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`development, improvement, and/or support of their respective services.3
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`16.
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`Upon information and belief, user information is shared between Facebook,
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`Instagram and WhatsApp. For example, upon information and belief, Facebook “shares
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`information about” Facebook’s users with Instagram and WhatsApp “to facilitate, support and
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`integrate [the Instagram app’s and WhatsApp Messenger’s] activities and improve our
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`services.”4 Likewise, upon information and belief, Instagram processes information “to support
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`Facebook, Instagram, Messenger and other products and features offered by Facebook
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`(Facebook Products or Products).”5 Similarly, “[a]s part of the Facebook family of companies,
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`WhatsApp receives information from, and shares information with, this family of companies
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`[including Facebook]. We may use the information we receive from them, and they may use the
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`WhatsApp, have further strengthened network effects for the firm, where all of these platforms
`become more valuable to its users as people both join the networks and use these services.”).
`3 See https://www.facebook.com/help/111814505650678 (accessed Sept. 24, 2020); see also
`https://help.instagram.com/155833707900388 (accessed Sept. 24, 2020).
`4 See https://www.facebook.com/help/111814505650678 (accessed Sept. 24, 2020); see also
`https://help.instagram.com/155833707900388 (accessed Sept. 24, 2020).
`5 See https://help.instagram.com/155833707900388 (accessed Sept. 24, 2020).
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`4
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`Case 1:20-cv-01345-UNA Document 1 Filed 10/02/20 Page 5 of 40 PageID #: 5
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`information we share with them, to help operate, provide, improve, understand, customize,
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`support, and market our Services and their offerings.”6
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`17.
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`Upon information and belief, WhatsApp and Instagram have endeavored to
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`integrate their messaging applications from a technical standpoint including, but not limited to:
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`the Instagram app allowing users to double-post Instagram stories directly to Facebook from the
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`Instagram app;7 Facebook offering a unified messages inbox that lets businesses see and reply to
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`their Facebook Messenger, WhatsApp Messenger, and Instagram app interactions in one place;8
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`Facebook Messenger, WhatsApp Messenger, and the Instagram app providing cross-application
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`notifications;9 and Facebook providing features allowing users to click a button on a business’s
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`Facebook page to open a WhatsApp Messenger chat with that business.10 Accordingly,
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`Facebook is acting in concert with WhatsApp and Instagram in connection with the provision of
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`their messaging services, which are at issue in this action.
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`18.
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`Accordingly, Defendants may be joined in a single action for patent infringement,
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`pursuant to 35 U.S.C. § 299(a).
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`PATENTS-IN-SUIT
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`19. Wrinkl is the owner of all right, title, and interest in U.S. Patent No. 9,860,198
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`(“the ’198 Patent”), titled “Apparatus and Method for Message Reference Management.” On
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`6 See https://www.whatsapp.com/legal/; https://blog.whatsapp.com/10000627/Looking-ahead-
`for-WhatsApp (accessed Sept. 30, 2020).
`7 See https://techcrunch.com/2017/10/04/instaface/ (accessed Sept. 30, 2020).
`8 See https://www.engadget.com/2016/11/15/facebook-and-instagram-unified-business-inbox/
`(accessed Sept. 30, 2020).
`9 See https://www.cnet.com/news/facebook-messenger-instagram-cross-notifications/ (accessed
`Nov. 15, 2016); https://techcrunch.com/2017/05/18/instafacemess/ (accessed Sept. 30, 2020).
`10 See, e.g., https://www.theverge.com/2020/8/14/21369737/facebook-merging-instagram-
`messenger-chats-update (accessed Sept. 30, 2020).
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`5
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`Case 1:20-cv-01345-UNA Document 1 Filed 10/02/20 Page 6 of 40 PageID #: 6
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`January 2, 2018, the ’198 Patent was duly and legally issued by the United States Patent and
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`Trademark Office (“USPTO”). The ’198 Patent issued from Application No. 15/431,077, filed
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`on February 13, 2017, and claims priority to Provisional Application No. 62/446,067, filed on
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`January 13, 2017. A true and correct copy of the ’198 Patent is attached as Exhibit A to this
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`Complaint.
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`20. Wrinkl is the owner of all right, title, and interest in U.S. Patent No. 10,728,192
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`(“the ’192 Patent”), titled “Messaging Apparatus and Method Thereof.” On July 28, 2020, the
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`’192 Patent was duly and legally issued by the USPTO. The ’192 Patent issued from
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`Application No. 16/712,952, filed on December 12, 2019 and claims priority to Provisional
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`Application No. 62/446,067, filed on January 13, 2017. A true and correct copy of the ’192
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`Patent is attached to this Complaint as Exhibit B.
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`21.
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`The ’198 Patent and ’192 Patent are collectively referred to herein as the “Patents-
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`in-Suit.”
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`22. Wrinkl is the owner of all rights, title, and interest in and to the Patents-in-Suit
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`and possesses the exclusive right of recovery for past, present, and future infringement.
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`23. Wrinkl has not licensed the Patents-in-Suit to Defendants or any other entities, or
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`otherwise authorized Defendants to practice any of the claims of the Patents-in-Suit.
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`FACTUAL BACKGROUND
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`24.
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`Founded in 2015 by a small group of inventors and investors, Wrinkl sought to fix
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`“group messaging from the inside out to make it suitable for business use” and “developed a
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`group messaging platform that brought clarity and productivity back to collaboration.”11 Since
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`11 https://www.globenewswire.com/news-release/2018/02/05/1332958/0/en/Wrinkl-Granted-
`Three-Patents-for-its-Group-Messaging-Platform.html (accessed Sept. 30, 2020).
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`6
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`its inception, Wrinkl has invested substantial time, effort, and money in its group messaging
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`platform “Wrinkl” that was initially released around January, 2018.12
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`25.
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`Among other innovations, Wrinkl’s messaging application includes a
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`“References” feature that enables users to easily indicate which message(s), in a moving stream
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`of many, their new message responds or refers to. According to PC Magazine, Wrinkl’s
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`“[r]eferencing seems like a better solution to the problem of replying to buried posts.”13
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`Wrinkl’s Novel and Innovative Technical Inventions
`Are Protected by the Patents-in-Suit
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`26.
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`The Patents-in-Suit are generally directed to novel and inventive technical
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`solutions to a problem relating to messaging applications. See, e.g., ’198 Patent at 2:34-36.14
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`The inventors recognized that “[o]ne of the drawbacks to using typical chat messaging systems is
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`the sequential nature of the messages sent and received. For example, messages often appear in
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`a channel or log in chronological order. If a user in a group chat session comes back from a
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`meeting after several hours, they may be confronted with a bunch of messages. . . . By the time a
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`user views the messages, the topic may have changed several times. This makes it difficult for a
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`user to post a response to a previous message that is within context of the ongoing message
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`conversation.” Id. at 3:3-8.
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`27.
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`The inventions of the Patents-in-Suit provide technical solutions to the problems
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`in prior art messaging applications. The Patents-in-Suit describe, for example, “[m]ethods and
`
`
`12 https://www.globenewswire.com/news-release/2018/01/17/1295806/0/en/Wrinkl-Launches-
`Group-Messaging-Platform-to-Bring-Productivity-Back-to-Business-Communication.html
`(accessed Sept. 30, 2020).
`13 https://www.pcmag.com/reviews/wrinkl (accessed Sept. 30, 2020).
`14 Because the ’198 Patent and ’192 Patent share a common specification, in the interest of
`brevity, citations herein refer to the ’198 Patent. All citations to the ’198 Patent should be
`understood as additionally referring to the same disclosures in the ’192 Patent.
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`7
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`systems for providing references (such as context-based references) to link messages . . .” Id. at
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`3:15-18. The Patents-in-Suit further explain, for example, that “a user may make a selection
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`associated with a first message which then automatically inserts a reference object into a text
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`entry bar of a chat message system. The reference object may provide a link to automatically
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`identify and access data from the first message. The user may then add additional text in the text
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`message box before or after the reference object.” Id. at 4:45-51. Further, “the ability to insert
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`the reference object into the text entry box through a single click (or with fewer operations than
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`with other methods) enables information associated with a message to be easily available (i.e.
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`displayable) by reference to another message.” Id. at 17:6-10. The Patents-in-Suit also explain
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`that “[t]he reference object may provide a link to automatically identify and access data from the
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`first message. The user may then add additional text in the text message box before or after the
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`reference object. When the message is sent, a display object associated with the first message is
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`included in the newly posted second message.” Id. at 4:48-50.
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`28.
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`Given the state of the art at the time of the inventions of the Patents-in-Suit, the
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`inventive concepts of the Patents-in-Suit were not conventional, well-understood, or routine.
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`The Patents-in-Suit disclose, for example, unconventional technical advantages over prior art
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`messaging user interfaces in the context of wireless communication devices and electronic
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`messaging received within those devices. For example, the Patents-in-Suit provide a single-step
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`reply feature for an instant messaging application that references a specific message in a
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`conversation involving a plurality of users. As of the effective filing date of the Patents-in-Suit,
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`it was not conventional for a messaging application to enable a user to create replies that
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`referenced specific messages or to create replies with single-step activation.
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`8
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`29.
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`The inventions of the Patents-in-Suit improve the performance of the devices on
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`which they are used including, for example, mobile devices with limited memory and processing
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`capabilities. For example, the Patents-in-Suit explain how “computer processing efficiency is
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`improved through the use of links and without simply duplicating previously inputted data.
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`Efficiency is also improved by enabling access to at least a portion of previously available data
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`without a need to manually locate the previously available data.” Id. at 4:58-53; see also, e.g.,
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`id. at 2:43-62. As another example, the Patents-in-Suit explain how “the ability to insert the
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`reference object into the text entry box through a single click (or with fewer operations than with
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`other methods) enables information associated with a message to be easily available (i.e.
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`displayable) by reference to another message.” Id. at 17:6-10. Further, “[t]he ability to view a
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`first message (or other data) while a second message is in an area of a display that was being
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`viewed allows efficient operation of a computing device without manual searching for the first
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`message.” Id. at 17:1-4. This technical context is reflected in the Patents-in-Suits’ claims. For
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`example, none of the claimed inventions can be performed in the human mind and all of them
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`entail specific technical features of a user interface for an electronic device.
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`30.
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`Consistent with the problems addressed being rooted in electronic messaging, the
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`Patents-in-Suits’ solutions are also rooted in technology that cannot be performed with pen and
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`paper or in the human mind. Using pen and paper would ignore the stated purposes of the
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`Patents-in-Suit and the problems they were specifically designed to address, which arose in, for
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`example, the context of needing an improved user interface for messaging devices. Doing so
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`would also run counter to the inventors’ detailed description of the inventions and the language
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`of the claims and be a practical impossibility.
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`9
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`31.
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`Thus, at the time of the ’198 Patent, it was not common or conventional to
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`perform a method for referencing a message, said method comprising the steps of: receiving
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`selection, from a display, of said message by selecting an area or object displayed on said display
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`and associated with said message, wherein at least a portion of said message is displayed during
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`said selection; allowing a further message to be formed with a link to said message, wherein said
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`message was displayed prior to said further message being formed; wherein said selection causes
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`said link to be included automatically in said further message and is performed by a single step,
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`which is the selection itself; wherein said link is associated with said further message, and
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`wherein said link is included in said further message responsive to said selection of the area or
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`object; and changing display of information associated with said message a) responsive to
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`selection of a displayed further area or portion associated with said further message; and b) based
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`on said link; wherein said message and said further message are transmitted at respectively
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`different times.
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`32.
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`At the time of the ’192 Patent, it was not common or conventional to perform a
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`method for operating a messaging device, said method comprising the steps of: displaying to a
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`first user, on a display of said device, a window displaying at least a portion of a stream
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`comprising graphical message display objects, each graphical message display object displayed
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`in said window occupying a respective displayed area having a boundary and one or more fixed
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`graphical elements displayed therein, wherein said window is associated with a predefined
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`plurality of users of a messaging system, said plurality including said first user, and wherein at
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`least a subset of the display objects in said stream represent respective messages of a chat
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`message session between those users; directly responsive to receiving, through a user interface of
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`said device, a single click or touch screen gesture that interacts with at least one of said fixed
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`10
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`graphical elements displayed within the boundary of a first one of said displayed graphical
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`message display objects: displaying, on said display and in conjunction with display of a
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`message creation interface including a text entry box, a reference indication indicating a
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`reference to said first one of said displayed graphical message display objects; while said
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`message creation interface is displayed, continuing to display at least a portion of said stream in
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`said window, and enabling the device to respond to clicks or touch screen gestures that interact
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`with at least one other of said graphical message display objects in said stream; in response to
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`receiving further user input through said message creation interface during display of said
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`reference indication: displaying, in said window, a new graphical message display object based
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`on said further user input and in association with a graphical reference to a message associated
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`with said first one of said displayed graphical message display objects; and transmitting, to at
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`least one of said predefined plurality of users, a message based on said further user input, and a
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`reference to said message associated with said first one of said displayed graphical message
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`display objects; and making said device responsive to a click or touch screen gesture interacting
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`with said graphical reference to provide a further display indicating content of said message
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`represented by said graphical reference.
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`Despite Learning of Wrinkl’s Technology,
`Defendants Chose to Infringe Wrinkl’s Patents
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`33.
`
`Upon information and belief, Defendants have been aware of Wrinkl’s patented
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`inventions since at least as early as October 11, 2018.
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`34.
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`On October 11, 2018, named inventor Marc Cohen emailed a Facebook Vice-
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`President named Julien Codorniou to introduce Wrinkl’s patented technology to Facebook and to
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`discuss a potential strategic collaboration between Wrinkl and Facebook (see Exhibit C).
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`11
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`35. Mr. Cohen’s email explained that Wrinkl had developed a 2018 Appy-Award
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`winning group messaging app, and had developed foundational intellectual property in the group
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`messaging space.
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`36. Mr. Cohen’s email further included a link to a short video presentation describing
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`the innovative “references” feature of Wrinkl, corresponding to the invention claimed in the
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`Asserted Patents.
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`37.
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`Importantly, the ’198 Patent number was prominently displayed at the end of the
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`video presentation Mr. Cohen sent to Facebook.
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`38.
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`In response to Mr. Cohen’s email, Mr. Codorniou acknowledged receipt of the
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`email and stated that he would talk to his “team” about it.
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`39.
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`On October 19, 2018, Mr. Cohen sent a follow-up email to Mr. Codorniou
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`providing additional information about Wrinkl’s patents, including detailed information
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`describing the ʼ198 Patent, and its coverage of a “one-step” reply capability for group messaging.
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`40.
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`However, Mr. Codorniou did not respond further to Mr. Cohen’s email. Instead,
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`as detailed below, Facebook and the other Defendants continued to promote and support their
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`infringing messaging applications.
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`
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`Defendants’ Infringement
`
`41.
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`As described further below, Defendants’ messaging applications—including at
`
`least Facebook Messenger, WhatsApp Messenger, the Instagram app and, on information and
`
`belief, Facebook Workplace Chat (collectively, “Accused Products”)—practice claimed
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`inventions of the Patents-in-Suit.
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`Infringing Products
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`12
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`42.
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`Facebook Messenger is a messaging application developed, distributed, and
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`supported by defendant Facebook. Facebook Messenger is available on smartphones and tablets
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`running at least the Android and iOS operating systems. Upon information and belief, at least as
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`early as March, 2019, Facebook introduced to Facebook Messenger a feature that enabled users
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`to generate a reply to a specific message in a chat window, which quoted and had a link to the
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`original message, by simply swiping on the original message (hereinafter a “swipe-to-reply”
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`feature).15
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`43.
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`Facebook Workplace Chat is a messaging application developed, distributed and
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`supported by defendant Facebook. Facebook Workplace Chat is available on smartphones and
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`tablets running at least the Android and iOS operating systems. Upon information and belief,
`
`Facebook introduced an infringing swipe-to-reply feature to Facebook Workplace Chat at least
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`as early as late 2018.16
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`44. WhatsApp Messenger is a messaging application developed, distributed and
`
`supported by defendant WhatsApp. WhatsApp Messenger is available on smartphones and
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`tablets running at least the Android and iOS operating systems. Upon information and belief,
`
`WhatsApp introduced an infringing swipe-to-reply feature to WhatsApp Messenger at least as
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`early as June, 6, 2017 for iOS and October 2018 for Android devices.17
`
`
`15 https://www.cnet.com/how-to/how-to-send-quoted-replies-in-facebook-
`messenger/#:~:text=To%20use%20it%20on%20your,immediately%20create%20a%20quoted%2
`0reply (accessed Sept. 30, 2020); see also https://venturebeat.com/2019/03/20/facebook-
`messenger-now-has-message-threads/ (accessed Sept. 30, 2020);
`https://smartphones.gadgethacks.com/how-to/use-quote-replies-facebook-messenger-prevent-
`confusing-conversations-just-like-whatsapp-0195061/ (accessed Sept. 30, 2020).
`16 See https://www.workplace.com/blog/workplace-chat-updates/ (accessed Sept. 30, 2020)
`17 https://briffly.com/whatsapp-for-ios-gets-swipe-to-reply-filters-and-tiled-albums/ (accessed
`Oct. 1, 2020); https://mspoweruser.com/whatsapp-rolls-out-a-new-update-for-its-beta-app-on-
`android-brings-swipe-to-reply-feature/ (accessed Sept. 30, 2020); see also, e.g.,
`
`13
`
`

`

`Case 1:20-cv-01345-UNA Document 1 Filed 10/02/20 Page 14 of 40 PageID #: 14
`
`45.
`
`The Instagram app is a messaging application developed, distributed and
`
`supported by defendant Instagram. The Instagram app is available on smartphones and tablets
`
`running at least the Android and iOS operating systems. Upon information and belief, Instagram
`
`introduced an infringing swipe-to-reply feature to the Instagram app for at least a subset of users
`
`at least as early as August 2020. In this regard, around August 2020, Instagram updated the
`
`Instagram app for a select group of users and the update notification said that “There’s a New
`
`Way to Message on Instagram.” 18 The notification highlighted only four features, one of them
`
`being “Swipe to reply to messages.”19
`
`
`https://gadgets.ndtv.com/apps/news/whatsapp-for-android-beta-version-2-18-282-swipe-to-reply-
`dark-mode-features-1916955 (accessed Sept. 30, 2020); https://www.droidviews.com/how-to-
`enable-swipe-to-reply-on-whatsapp-for-android/ (accessed Sept. 30, 2020);
`https://www.androidpolice.com/2018/10/02/whatsapp-beta-2-18-300-adds-swipe-reply-gesture/
`(accessed Sept. 30, 2020); https://mspoweruser.com/whatsapp-rolls-out-a-new-update-for-its-
`beta-app-on-android-brings-swipe-to-reply-feature/ (accessed Oct. 1, 2020);
`https://www.youtube.com/watch?v=A-hZkrEgnOs at 25-30 seconds (accessed Oct. 1, 2020);
`https://faq.whatsapp.com/general/chats/how-to-reply-to-a-message.
`18 https://www.theverge.com/2020/8/14/21369737/facebook-merging-instagram-messenger-
`chats-update (accessed Aug. 14, 2020).
`19 Id.
`
`14
`
`

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`Case 1:20-cv-01345-UNA Document 1 Filed 10/02/20 Page 15 of 40 PageID #: 15
`
`
`
`Allegations Relating to Infringement of the ’198 Patent
`
`46.
`
`Upon information and belief after reasonable investigation, the Accused Products
`
`contain user interface functionality designed to facilitate swipe-to-reply messages in a manner
`
`that infringes the ’198 Patent.
`
`47.
`
`One non-limiting example, set forth below (with claim language in italics), is a
`
`description of infringement of exemplary claim 1 of the ’198 Patent in connection with the
`
`Facebook Messenger, Facebook Workplace Chat, and WhatsApp Messenger apps. Upon
`
`information and belief, the Instagram app implements the same or substantially similar infringing
`
`functionality as the Facebook Messenger app and also infringes.
`
`15
`
`

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`Case 1:20-cv-01345-UNA Document 1 Filed 10/02/20 Page 16 of 40 PageID #: 16
`
`48.
`
`This description is based on publicly available information. Wrinkl reserves the
`
`right to modify this description, including, for example, on the basis of information about the
`
`Accused Products that it obtains during discovery.
`
`a. [1pre] A method for referencing a message, said method comprising the steps of:
`
`— Regardless of whether the preamble of claim 1 is limiting, each of the Accused
`
`Products, when used as directed, causes a method for referencing a message, as
`
`described further below for the remaining claim limitations, to be performed.
`
`b. [1a] receiving selection, from a display, of said message by selecting an area or
`
`object displayed on said display and associated with said message, wherein at
`
`least a portion of said message is displayed during said selection; — Each of the
`
`Accused Products, when used as directed, allows a user to select a message (and
`
`thus receive a selection of the message) in a chat window by swiping on the
`
`message using a touch screen interface (and thus selecting an area or object
`
`displayed on said message and associated with said message), as illustrated
`
`below. (Illustrative screenshots are provided herein for Facebook Messenger,
`
`Facebook Workplace Chat and WhatsApp Messenger. Upon information and
`
`belief, the remaining Accused Products work in a substantially similar fashion.)
`
`16
`
`

`

`Case 1:20-cv-01345-UNA Document 1 Filed 10/02/20 Page 17 of 40 PageID #: 17
`
`
`
`c. [1b] allowing a further message to be formed with a link to said message,
`
`wherein said message was displayed prior to said further message being formed;
`
`—When used as directed, each of the Accused Products responds to a user
`
`swiping a selected message by displaying a text input area that allows a further
`
`message to be formed with a link to the swiped message (which was displayed
`
`prior to the further message being formed).
`
`17
`
`

`

`Case 1:20-cv-01345-UNA Document 1 Filed 10/02/20 Page 18 of 40 PageID #: 18
`
`
`
`d. [1c] wherein said selection causes said link to be included automatically in said
`
`further message and is performed by a single step, which is the selection itself; —
`
`In each of the Accused Products, when used as directed, a link to the selected
`
`message is automatically included in said further message in response to a single
`
`swipe gesture, which also selected the selected message, as shown by way of
`
`example in relation to element [1b].
`
`e. [1d] wherein said link is associated with said further message, and wherein said
`
`link is included in said further message responsive to said selection of the area or
`
`object; — In each of the Accused Products, when used as directed, the link is
`
`associated with said further message and included in said further message
`
`responsive to the swipe gesture.
`
`18
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`

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`Case 1:20-cv-01345-UNA Document 1 Filed 10/02/20 Page 19 of 40 PageID #: 19
`
`
`
`f