Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 1 of 37
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
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`C.A. No.
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`JURY TRIAL DEMANDED
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`SYTE-VISUAL CONCEPTION
`LTD.,
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`HOME DEPOT U.S.A., INC. and
`SLYCE ACQUISITION INC.,
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`Plaintiff,
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`v.
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`Defendants.
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`COMPLAINT
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`Plaintiff Syte-Visual Conception Ltd. (“Plaintiff” or “Syte”), by and through
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`its undersigned counsel, files this Complaint for patent infringement against
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`Defendants Slyce Acquisition Inc. (“Slyce”) and Home Depot U.S.A., Inc. (“Home
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`Depot”, collectively with Slyce, “Defendants”), alleging as follows:
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`NATURE OF THE ACTION
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`1.
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`This is an action for patent infringement arising under the Patent Laws
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`of the United States of America, 35 U.S.C. § 1, et seq. to stop Defendants’
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`infringement of Plaintiff’s intellectual property, including United States Patent No.
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`9,710,928 entitled “System and process for automatically finding objects of a
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
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`)
`)
`)
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`)
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`C.A. No.
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`JURY TRIAL DEMANDED
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`
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`
`
`
`SYTE-VISUAL CONCEPTION
`LTD.,
`
`
`
`
`
`HOME DEPOT U.S.A., INC. and
`SLYCE ACQUISITION INC.,
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`Defendants.
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`
`
`
`
`
`
`COMPLAINT
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`Plaintiff Syte-Visual Conception Ltd. (“Plaintiff” or “Syte”), by and through
`
`its undersigned counsel, files this Complaint for patent infringement against
`
`Defendants Slyce Acquisition Inc. (“Slyce”) and Home Depot U.S.A., Inc. (“Home
`
`Depot”, collectively with Slyce, “Defendants”), alleging as follows:
`
`NATURE OF THE ACTION
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`1.
`
`This is an action for patent infringement arising under the Patent Laws
`
`of the United States of America, 35 U.S.C. § 1, et seq. to stop Defendants’
`
`infringement of Plaintiff’s intellectual property, including United States Patent No.
`
`9,710,928 entitled “System and process for automatically finding objects of a
`
`
`
`
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`Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 2 of 37
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`specific color” (“the ‘928 patent”), and United States Patent No. 10,127,688 entitled
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`“System and process for automatically finding objects of a specific color” (“the ‘688
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`patent” and collectively with the ‘928 patent, the “Patents-in-Suit”), copies of which
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`are attached hereto as Exhibits A and B, respectively.
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`PARTIES
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`2.
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`Plaintiff Syte is an Israeli corporation and maintains its principal place
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`of business at 3 Rothschild Blvd., Tel Aviv-Yafo, 6688106, Israel.
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`3.
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`Syte is a visual artificial intelligence (“AI”) company that has spent
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`years developing its unique and innovative platform in creating a visual AI
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`marketplace. Syte’s visual AI marketplace allows customers to visually search for
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`products (e.g., using a picture taken with a mobile device camera) while also
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`allowing retailers to offer their products based on the visual search. Syte’s
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`technology includes advancements in camera searching, deep tagging, AI engines,
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`and in-store smart solutions.
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`4.
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`On information and belief, Slyce is a Delaware Corporation with its
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`principal place of business at 109 South 13th Street, Suite 3S, Philadelphia,
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`Pennsylvania 19107.
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`5.
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`Slyce purports to be a visual search technology company that provides
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`retail customers (e.g., chain stores) with technology for visual search to be used or
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`embedded in their software and applications.
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`6.
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`On information and belief, Home Depot is a Delaware Corporation with
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`its principal place of business at 2455 Paces Ferry Road, Atlanta, Georgia, 30339-
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`4024, and may be served with process upon its registered agent, CSC of Cobb
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`County, Inc., 192 Anderson Street S.E., Suite 125, Marietta, GA, 30060.
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`7.
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`On information and belief, Home Depot offers for sale and sells a wide
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`variety of home improvement products and equipment, through various channels,
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`including a mobile application for use with smartphones. On information and belief,
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`Home Depot’s mobile apps utilize, include, redirect to, or otherwise incorporate,
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`visual search technology provided by Slyce, as described further below.
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`JURISDICTION AND VENUE
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`8.
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`This action arises under the Patent Laws of the United States, 35 U.S.C.
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`§ 1, et seq.
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`9.
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`This Court has subject matter jurisdiction over this case for patent
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`infringement under 28 U.S.C. §§1331 and 1338(a).
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`10. On information and belief, Defendant Slyce is subject to at least this
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`Court’s specific personal jurisdiction, based on its engaging in the acts of
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`infringement set forth below in this district.
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`11. On information and belief, Defendant Home Depot is subject to this
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`Court’s specific and general personal jurisdiction. As this district includes Home
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`Depot’s principal place of business, it is at home here, and subject to this court’s
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`general jurisdiction. Moreover, Home Depot is subject to specific jurisdiction based
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`on engaging in the acts of infringement set forth below in this district.
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`12. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and
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`1400(b). On information and belief, each of Defendants resides in this Judicial
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`District pursuant to 28 U.S.C. § 1391 and engages in activities including transacting
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`business in this Judicial District and engaging in acts of infringement in this Judicial
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`District.
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`THE PATENTS-IN-SUIT
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`13. The ‘928 patent was duly and legally issued after full and fair
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`examination by the United States Patent and Trademark Office on July 18, 2017,
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`from U.S. Patent Application No. 15/230,433 (“the ’433 Application”) filed on
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`August 7, 2016. The ‘928 patent is a continuation of Application No. 14/833,099,
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`filed on August 23, 2015, now U.S. Pat. No. 9,412,182, which is a continuation of
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`Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 5 of 37
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`Application No. 14/292,914, filed on June 1, 2014, now U.S. Pat. No. 9,117,143,
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`which is a continuation of Application No. 13/356,815, filed on January 24, 2012,
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`now Pat. No. 8,744,180. The ‘180 patent claims the benefit of priority under 35 USC
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`§119(e) of U.S. Provisional Patent Application Nos. 61/438,993 filed on February
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`3, 2011 and 61/435,358 filed on January 24, 2011.
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`14. Plaintiff is the owner by assignment of the ’928 patent with all
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`substantive rights in and to that patent, including the sole and exclusive right to
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`prosecute this action and enforce the ’928 patent against infringers, and to collect
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`damages for all relevant times.
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`15. The ‘688 patent was duly and legally issued after full and fair
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`examination by the United States Patent and Trademark Office on November 13,
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`2018, from U.S. Patent Application No. 15/650,993 (“the ’993 Application”) filed
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`on July 17, 2017, and which is a continuation of the ‘928 patent.
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`16. Plaintiff is the owner by assignment of the ’688 patent with all
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`substantive rights in and to that patent, including the sole and exclusive right to
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`prosecute this action and enforce the ’688 patent against infringers, and to collect
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`damages for all relevant times.
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`17. The Patents-in-Suit are valid and enforceable.
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`18. As discussed further below, the Patents-in-Suit relate to systems and
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`technological processes for automatically analyzing and matching objects colors
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`using a digital image captured on an electronic communications device. For at least
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`the reasons stated below, each of Slyce and Home Depot directly and/or indirectly
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`infringes at least one claim of each of the Patents-in-Suit.
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`SUBJECT MATTER OF THE PATENTS-IN-SUIT
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`19. The Patents-in-Suit provide
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`technological solutions
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`to various
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`deficiencies in the prior art. For example:
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`In a preferred embodiment of the present invention, the
`user captures an image on their mobile device of a
`reference object (i.e. furniture, clothing, wall paint, etc. . .
`. ) that they wish to color coordinate with a similar object
`(i.e. pillows for furniture, shoes for clothing, wall paper
`for wall paint, etc. . . . ). The system and software will
`conduct a color analysis, which will identify its Main
`Colors (i.e., Base, Primary, Secondary and Tertiary
`Colors), of the reference object and optionally create a
`color harmonics of it. The system will query image
`database,
`then return and display matching color
`combinations and/or harmonics (such as analogous,
`triadic,
`tetradic, square, complementary, and split-
`complementary colors) based on the query, on the user's
`mobile device. (Id., 2:24-37).
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`20. The specification of the Patents-in-Suit identifies other technological
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`deficiencies addressed by the subject matter disclosed and claimed therein. For
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`example:
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`The computer implemented method as conducted by the
`software of the present invention comprise the steps of: 1)
`capturing an image on a terminal device, wherein the
`image are associated with a visual object; 2) conducting a
`color analysis, i.e. determining the Main Colors, on the
`reference image and optionally constructing a color wheel
`based on the analysis; 3) Querying an Image Database
`against the color analysis using one or more harmonics,
`wherein the user may manually select a particular type of
`harmonic; and, 4) electronically
`transmitting and
`displaying results to the terminal based on the image color
`analysis, e.g. Main Colors; wherein the results comprise
`all harmonics if the user did not select the particular type
`of harmonic in step (3). (Id., 2:38-50).
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`* * *
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`The present invention uses various image enhancing and
`processing algorithms and techniques to detect and
`analyze the different color hues in a digital image, such as,
`HSV (Hue, Saturation, Value) color histograms, RGB
`color histograms, CYMK color histograms, and multi-
`space color clustering. The color analysis may also
`comprise, separating the object from its background,
`compensating for distortions such as shading and/or flash
`light, classifying each pixel to a predefined color set and
`finding the elements of the color set with the highest
`number of pixels. (Id., 2:51-60).
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`21.
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`In connection with the “Description of Specific Embodiments,” the
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`specification of the Patents-in-Suit describes specifically applicable technological
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`concepts, including: “keypoint" (defined as interest points in an object. For example,
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`in the SIFT framework, the image is convolved with Gaussian filters at different
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`scales, and then the difference of successive Gaussian-blurred images are taken.
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`Keypoints are then taken as maxima/minima of the difference of Gaussians.);
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`“keypoint descriptor” (a descriptor of a keypoint. For example, in the SIFT
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`framework the feature descriptor is computed as a set of orientation histograms on
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`neighborhoods. The orientation histograms are relative to the keypoint orientation
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`and the orientation data comes from the Gaussian image closest in scale to the
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`keypoint's scale.); “visual content item” (an object with visual characteristics such
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`as an image file like BMP, JPG, JPEG, GIF, TIFF, PNG files; a screenshot; A video
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`file like AVI, MPG, MPEG, MOV, WMV, FLV files or a one or more frame of a
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`video.); “visual object” (a content that includes visual information such as visual
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`content item, images, photos, videos, IR image, magnified image, an image sequence
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`or TV broadcast.); “visual similarity” (the measure of resemblances between two
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`visual objects that can be comprised of: The fit between their color distributions such
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`as the correlation between their HSV color histograms The fit between their texture
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`The fit between their shapes The correlation between their edge histograms.); and
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`“visual analysis” (the analysis of the characteristics of visual objects such, as visual
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`similarity, coherence, hierarchical organization, concept load or density, feature
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`extraction and noise removal.) (Id., 3:62-4:67).
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`22. The specification further provides specific,
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`technical, detailed
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`definitions of relevant technical terms, such as “color wheel,” “color harmonies”
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`(color combinations that are considered especially pleasing, consisting of two or
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`more colors with a fixed relation in the color wheel), “color impact,” “warm colors,”
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`“cool colors,” “complementary colors,” “analogous colors,” “triadic colors,” “split-
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`complementary colors” and “ “tetradic colors.” (Id., 5:47-6:45).
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`23. Moreover, rather than describing phenomena of nature, mental
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`processes, or abstract intellectual concepts, the specification and accompanying
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`figures of the Patents-in-Suit further describe the specific technological solutions to
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`problems left unsolved or unaddressed by the prior art, including a system for
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`analyzing color images (Id., 6:39-7:24); method of capturing and matching a visual
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`object's colors (Id., 7:25-8:59); a specific, technological mobile application directed
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`to the particular problem to be solved (Id., 8:60-9:6); and a specific computer
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`program, narrowly tailored to solve the problem(s) left by the prior art (Id., 9:7-
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`10:49).
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`24.
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`In addition,
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`the specification of
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`the Patents-in-Suit describes
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`technologically specific methods of providing the results of a visual search: “The
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`feedback report 140 may comprise various forms. For example, the harmonic
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`color(s) may be displayed on top of the original image captured in step 202.
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`Optionally, further commercial ads are displayed in step 212 on device 101 in
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`addition to the color match.” (Id., 7:58-63). See also, Fig. 2, step 212 (“Overlay on
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`background”).
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`25. The independent claims of the Patents-in-Suit address technological
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`solutions to the deficiencies of the prior art such as those described above.
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`26. Claim 1 of the ‘928 patent claims:
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`1. A computer implemented method for overlaying
`visual items, comprising:
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`using a camera of a client terminal for capturing one
`or more visual object images;
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`identifying at least one visual object image in said
`one or more visual object images which are
`captured using said client terminal;
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`conducting a color analysis to identify at least one
`main color in said at least one visual object;
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`querying an image database against said at least one
`main color to select at least one stored image;
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`as real time feedback to said querying adding said
`at least one stored image as an overlay on top of at
`least part of said at least one visual object in a
`display of said client terminal.
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`27. Claim 1 of the ‘688 patent claims:
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`1. A computer implemented method for overlaying
`visual items, comprising,
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`identifying at least one visual object image captured
`using a client terminal;
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`conducting a color analysis to identify at least one
`main color in said at least one visual object;
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`sending a message over a computer network for
`querying an image database managed by a remote
`server against said at least one main color to select
`at least one stored image depicting a color matching
`object having said at least one main color;
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`receiving said at least one stored image from the
`remote server as a real time feedback to said
`querying;
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`adding said at least one stored image as an overlay
`on top of at least part of said at least one visual
`object, the overlay is presented by a display of the
`client terminal to present said color matching object
`to a user in association with said at least one visual
`object.
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`28. Claim 15 of the ‘688 patent claims:
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`15. A non-transitory computer readable medium having
`embodied
`thereon a program,
`the program being
`executable by a processor for performing a method for
`overlaying visual items, the method comprising:
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`identifying at least one visual object image captured
`using a client terminal;
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`conducting a color analysis to identify at least one
`main color in said at least one visual object;
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`sending a message over a computer network for
`querying an image database managed by a remote
`server against said at least one main color to select
`at least one stored image depicting a color matching
`object having said at least one main color;
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`receiving said at least one stored image from the
`remote server as a real time feedback to said
`querying
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`adding said at least one stored image as an overlay
`on top of at least part of said at least one visual
`object, the overlay is presented by a display of the
`client terminal to present said color matching object
`to a user in association with at least one visual
`object.
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`29. Claim 16 of the ‘688 patent claims:
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`16. An internet connected system for overlaying visual
`items, comprising:
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`a server comprising:
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`an interface adapted for receiving over a
`computer network
`from one or more
`capturing devices at least one visual object
`image;
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`an image database storing a plurality of
`images;
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`a program store storing code;
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`a processor coupled to the interface, the
`image database, and the program store for
`implementing the stored code, the code
`comprising:
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`code instructions for conducting a color
`analysis to identify at least one main color in
`said at least one visual object;
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`code instructions for querying said image
`database against said at least one main color
`to select at least one stored image depicting a
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`color matching object having said at least one
`main color; and
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`as a real time feedback to said querying
`adding said at least one stored image as an
`overlay on top of at least part of said at least
`one visual object to present said color
`matching object to a user in association with
`said at least one main color.
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`30. Accordingly, the Patents-in-Suit describe systems, apparatus, and
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`methods for capturing, transmitting, processing, and outputting data in an
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`unconventional manner and/or that improves the functioning of the mobile phone
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`relative to conventional methods.
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`31. For example, one prior art method described in the patent sent a search
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`result as an SMS text message of a color recommendation (Id., 1:64-67). This
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`conventional solution is inferior, in that it does not allow for immediate visual
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`confirmation or rejection by the user. In contrast, the Patents-in-Suit describe
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`providing as real time visual feedback to the query: for example, the ‘688 Patent
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`claims that the search result is received as a “stored image from the remote server as
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`a real time feedback to said querying.”
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`32.
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`In addition, rather than a conventional result of simply providing a
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`search result (Id., 1:64-67), the Patents-in-Suit disclose that the resulting item is
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`overlaid onto the displayed scene for purposes of color comparison, which is not
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`disclosed in the prior art. The ‘928 Patent claims “as real time feedback to said
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`querying adding said at least one stored image as an overlay on top of at least part
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`of said at least one visual object in a display of said client terminal.”
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`33. These and other features of the Patents-in-Suit provide tangible
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`technical benefits over prior art systems.
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`34. Each of Slyce and Home Depot has actual notice of the Patents-in-Suit
`
`and its infringement of those patents at least by virtue of the filing of the present
`
`Complaint.
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`PATENT INFRINGEMENT BY HOME DEPOT AND SLYCE
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`35. For at least the reasons described below, the Home Depot mobile app
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`with the visual search feature and overlay described herein constitutes or performs
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`every element of at least one claim of each of the Patents-in-Suit.
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`36. By distributing and making available to the public the Home Depot
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`mobile app with the visual search feature and overlay described herein, Home Depot
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`and Slyce are directly infringing the Patents-in-suit under 35 U.S.C. §271(a).
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`37. By distributing and making available to the public the Home Depot
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`mobile app with the visual search feature and overlay described herein, and
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`instructing users on use of the app to infringe the Patents-in-Suit, Home Depot and
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`Slyce are liable for actively inducing infringement of the Patents-in-Suit under 35
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`U.S.C. §271(b).
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`38. By distributing and making available to the public the Home Depot
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`mobile app with the visual search feature and overlay described herein, which
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`software feature is used in practicing the patented process of the Patents-in-Suit, the
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`mobile app constituting a material part of the claimed invention, knowing the visual
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`search portions of the mobile app to be especially made or adapted for use in
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`infringement of the Patents-in-Suit, and not a staple article suitable for substantial
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`non-infringing use, Home Depot and Slyce are liable for contributory infringement
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`of the Patents-in-Suit under 35 U.S.C. §271(c).
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`39. On information and belief, Slyce sells or otherwise provides its
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`infringing virtual search technology to Home Depot for use in connection with the
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`Home Depot mobile app. For example, Slyce’s website indicates that it operates
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`Home Depot’s visual search:
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`40. On information and belief, by virtue of the contractual relationship
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`between Slyce and Home Depot, to the extent that Slyce performs some of the
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`elements of the claims of the Patents-in-Suit in connection with the Home Depot
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`mobile app, Home Depot remains liable, either singly insofar as it controls or directs
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`Slyce, or jointly with Slyce, as the companies work together and in concert with each
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`other in a joint enterprise functioning as a form of mutual agency.
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`COUNT I
`INFRINGEMENT OF THE ‘928 PATENT
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`41. The hereinabove paragraphs are incorporated by reference as if fully set
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`forth herein.
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`42. Claim 1 of the ’928 patent recites: “A computer implemented method
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`for overlaying visual items, comprising: using a camera of a client terminal for
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`capturing one or more visual object images; identifying at least one visual object
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`image in said one or more visual object images which are captured using said client
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`terminal; conducting a color analysis to identify at least one main color in said at
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`least one visual object; querying an image database against said at least one main
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`color to select at least one stored image; as real time feedback to said querying
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`adding said at least one stored image as an overlay on top of at least part of said at
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`least one visual object in a display of said client terminal.” (Ex. A).
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`43. Use of the Home Depot mobile app performs the computer
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`implemented method for overlaying visual items, as described further herein.
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`44. As shown below, the Home Depot mobile app includes a “camera” icon
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`in the search bar that when pressed, operates the mobile phone’s camera, and allows
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`users to upload a search image, thereby satisfying the claim element of “using a
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`camera of a client terminal for capturing one or more visual object images.”
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`45. As shown below, the Home Depot mobile app (either alone or in
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`conjunction with Slyce) identifies an object in the search image uploaded by the
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`user, thereby satisfying the claim element of “identifying at least one visual object
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`image in said one or more visual object images which are captured using said client
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`terminal.”
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`Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 19 of 37
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`46. As shown above, the Home Depot mobile app (either alone or in
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`conjunction with Slyce) also identifies a main color of an object in the search image
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`uploaded by the user, thereby satisfying the claim element of “conducting a color
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`analysis to identify at least one main color in said at least one visual object.”
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`47. As shown below, the Home Depot mobile app (either alone or in
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`conjunction with Slyce) searches for stored images in the Home Depot inventory
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`database based on the main color identified in the uploaded image, thereby satisfying
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`19
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`Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 20 of 37
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`the claim element of “querying an image database against said at least one main
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`color to select at least one stored image.”
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`48. As shown below, the Home Depot mobile app (either alone or in
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`conjunction with Slyce) allows users to select a stored image retrieved from the
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`Home Depot inventory database, and in real time view the stored image as an overlay
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`on the same scene as the search image on the mobile phone display, thereby
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`satisfying the claim element of “as real time feedback to said querying adding said
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`20
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`Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 21 of 37
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`at least one stored image as an overlay on top of at least part of said at least one
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`visual
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`object
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`in
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`a
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`display
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`of
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`said
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`client
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`terminal.”
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`21
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`Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 22 of 37
`Case 1:20-cv-00909—LMM Document 1 Filed 02/27/20 Page 22 of 37
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`
`
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`Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 23 of 37
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`49. Based on the example above, use of the Home Depot mobile app
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`satisfies each and every element of at least claim 1 of the ’928 Patent, either literally
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`or under the doctrine of equivalents.
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`50. On information and belief, each of Slyce and Home Depot has directly
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`infringed the ‘928 Patent in violation of 35 U.S.C. § 271(a) by making, importing,
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`using, selling, or offering for sale in the United States products that embody the
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`patented invention, including at least claim 1 thereof.
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`51. On information and belief, each of Slyce and Home Depot knowingly
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`and intentionally induces users of the accused visual search service to directly
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`23
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`Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 24 of 37
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`infringe at least claim 1 of the ‘928 Patent by encouraging, instructing, and aiding
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`one or more persons in the United States, including but not limited to retail customers
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`who use the Home Depot mobile app, to do so in a manner that infringes the ‘928
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`Patent. Each of Slyce and Home Depot has performed and continued to perform
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`these acts with knowledge of the ‘928 Patent and with the intent, or willful blindness,
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`that the induced acts directly infringe the ‘928Ppatent.
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`52. Further on information and belief, each of Slyce and Home Depot
`
`contributes to the infringement of at least claim 1 of the ‘928 Patent by offering to
`
`sell or selling and/or importing a patented component or material and/or apparatus
`
`used to practice a patented process, constituting a material part of the invention,
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`knowing the same to be especially made or especially adapted for use in an
`
`infringement and not a staple article or commodity of commerce suitable for
`
`substantial non-infringing use. Each of Slyce and Home Depot has had actual
`
`knowledge of the ’928 Patent at least as of the date of this complaint, and continues
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`to perform these acts with knowledge of the ‘928 Patent, and with the intent, or
`
`willful blindness, that it contributes to the direct infringement of the ‘928 Patent.
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`53. Plaintiff has no adequate remedy at law, and is entitled to recover from
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`each of Slyce and Home Depot the damages sustained by Plaintiff as a result of each
`
`of Slyce’s and Home Depot’s infringing acts in an amount subject to proof at trial,
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`24
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`Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 25 of 37
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`
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`which, by law, cannot be less than a reasonable royalty, together with interest and
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`costs as fixed by this Court, pursuant to 35 U.S.C. § 284.
`
`COUNT II
`INFRINGEMENT OF THE ‘688 PATENT
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`54. The hereinabove paragraphs are incorporated by reference as if fully set
`
`forth herein.
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`55. Claim 1 of the ’688 patent recites: “A computer implemented method
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`for overlaying visual items, comprising: identifying at least one visual object image
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`captured using a client terminal; conducting a color analysis to identify at least one
`
`main color in said at least one visual object; sending a message over a computer
`
`network for querying an image database managed by a remote server against said at
`
`least one main color to select at least one stored image depicting a color matching
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`object having said at least one main color; receiving said at least one stored image
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`from the remote server as a real time feedback to said querying; adding said at least
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`one stored image as an overlay on top of at least part of said at least one visual object,
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`the overlay is presented by a display of the client terminal to present said color
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`matching object to a user in association with said at least one visual object.” (Ex. B)
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`56. Use of the Home Depot mobile app performs the computer
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`implemented method for overlaying visual items, as described further herein.
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`25
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`Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 26 of 37
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`57. As shown below, the Home Depot mobile app includes a “camera” icon
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`in the search bar that when pressed, operates the mobile phone’s camera, and allows
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`users to upload a search image.
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`
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`
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`58. As shown below, the Home Depot mobile app (either alone or in
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`conjunction with Slyce) identifies an object in the search image uploaded by the
`
`26
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`
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`Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 27 of 37
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`
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`user, thereby satisfying the claim element of “identifying at least one visual object
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`image captured using a client terminal.”
`
`
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`
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`59. As shown above, the Home Depot mobile app (either alone or in
`
`conjunction with Slyce) also identifies a main color of an object in the search image
`
`uploaded by the user, thereby satisfying the claim element of “conducting a color
`
`analysis to identify at least one main color in said at least one visual object.”
`
`27
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`
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`Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 28 of 37
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`
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`60. As shown below, the Home Depot mobile app (either alone or in
`
`conjunction with Slyce) searches for stored images in the Home Depot inventory
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`database based on the main color identified in the uploaded image. Specifically, on
`
`information and belief, either the mobile phone or the Home Depot server sends a
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`message to a database server querying the Home Depot inventory database for
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`relevant images, thereby satisfying the claim element of “sending a message over a
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`computer network for querying an image database managed by a remote server
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`against said at least one main color to select at least one stored image depicting a
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`color matching object having said at least one main color.”
`
`28
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`Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 29 of 37
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`61. As shown below, the Home Depot mobile app receives search results
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`(including associated images) from the database server as real-time feedback to the
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`search query, thereby satisfying the claim element of “receiving said at least one
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`stored image from the remote server as a real time feedback to said querying.”
`
`29
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`Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 30 of 37
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`62. As shown below, the Home Depot mobile app (either alone or in
`
`conjunction with Slyce) allows users to select a stored image retrieved from the
`
`Home Depot inventory database, and in real time view the stored image as an overlay
`
`on the same scene as the search image on the mobile phone display to present the
`
`result of the image search in association with the original search image, thereby
`
`satisfying the claim element of “adding said at least one stored image as an overlay
`
`on top of at least part of said at least one visual object, the overlay is presented by a
`
`30
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`Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 31 of 37
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`
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`display of the client terminal to present said color matching object to a user in
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`association with said at least one visual object.”
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`31
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`
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`Case 1:20-cv-00909-LMM Document 1 Filed 02/27/20 Page 32 of 37
`Case 1:20-cv-00909—LMM Document 1 Filed 02/27/20 Page 32 of 37
`
`
`
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`E Save
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