Case: 1:22-cv-06890 Document #: 1 Filed: 12/08/22 Page 1 of 33 PageID #:1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
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`VIRTUAL CREATIVE ARTISTS, LLC,
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`
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`Plaintiff,
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`v.
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`
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`TWITTER, INC.,
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`
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`
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`Defendant.
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`
` C.A. No. 1:22-cv-06890
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`JURY TRIAL DEMANDED
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`
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` PATENT CASE
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`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Virtual Creative Artists, LLC files this Original Complaint for Patent Infringement
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`against Twitter, Inc. and would respectfully show the Court as follows:
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`
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`I. THE PARTIES
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`1.
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`Plaintiff Virtual Creative Artists, LLC. (“VCA” or “Plaintiff”) is a Delaware
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`limited liability company, having business address at 338 Gracious Way, Henderson, NV 89011.
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`2.
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`On information and belief, Defendant Twitter, Inc. (“Defendant”) is a corporation
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`organized and existing under the laws of Delaware. Defendant has a place of business at 111 N.
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`Canal St., Chicago, IL 60606. Defendant has a registered agent at C T Corporation System, 208 S.
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`LaSalle St., Suite 814, Chicago, IL 60604.
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`II. JURISDICTION AND VENUE
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`3.
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`This action arises under the patent laws of the United States, Title 35 of the United
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`States Code. This Court has subject matter jurisdiction of such action under 28 U.S.C. §§ 1331
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`and 1338(a).
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`4.
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`On information and belief, Defendant is subject to this Court’s specific and general
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`personal jurisdiction, pursuant to due process and the Illinois Long-Arm Statute, due at least to its
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`1
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`business in this forum, including at least a portion of the infringements alleged herein at 111 N.
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`Canal St., Chicago, IL 60606.
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`5.
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`Without limitation, on information and belief, within this state, Defendant has used
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`the patented inventions thereby committing, and continuing to commit, acts of patent infringement
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`alleged herein. In addition, on information and belief, Defendant has derived revenues from its
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`infringing acts occurring within Illinois. Further, on information and belief, Defendant is subject
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`to the Court’s general jurisdiction, including from regularly doing or soliciting business, engaging
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`in other persistent courses of conduct, and deriving substantial revenue from goods and services
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`provided to persons or entities in Illinois. Further, on information and belief, Defendant is subject
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`to the Court’s personal jurisdiction at least due to its sale of products and/or services within Illinois.
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`Defendant has committed such purposeful acts and/or transactions in Illinois such that it
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`reasonably should know and expect that it could be haled into this Court as a consequence of such
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`activity.
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`6.
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`Venue is proper in this district under 28 U.S.C. § 1400(b). On information and
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`belief, Defendant has businesses in this district at 111 N. Canal St., Chicago, IL 60606. On
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`information and belief, from and within this District Defendant has committed at least a portion of
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`the infringements at issue in this case.
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`7.
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` For these reasons, personal jurisdiction exists and venue is proper in this Court
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`under 28 U.S.C. § 1400(b).
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`III. COUNT I
`(PATENT INFRINGEMENT OF UNITED STATES PATENT NO. 9,501,480)
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`Plaintiff incorporates the above paragraphs herein by reference.
`
`On November 22, 2016, United States Patent No. 9,501,480 (“the ‘480 Patent”)
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`8.
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`9.
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`was duly and legally issued by the United States Patent and Trademark Office. The ‘480 Patent is
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`2
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`titled “Revenue-Generating Electronic Multi-Media Exchange and Process of Operating Same.”
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`A true and correct copy of the ‘480 Patent is attached hereto as Exhibit A and incorporated herein
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`by reference.
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`10.
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`VCA is the assignee of all right, title, and interest in the ‘480 Patent, including all
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`rights to enforce and prosecute actions for infringement and to collect damages for all relevant
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`times against infringers of the ‘480 Patent. Accordingly, VCA possesses the exclusive right and
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`standing to prosecute the present action for infringement of the ‘480 Patent by Defendant.
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`11.
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`The invention relates to the field of creating and distributing media content, in
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`particular, creating media content based upon submissions received on an electronic media
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`exchange. At the time of the original invention in 1998, there was an Internet-centric problem that
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`required a technical solution—how to develop a computer system that would allow remote
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`contributors of electronic content to share and collaborate their content to develop new media
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`content. The claimed invention, which predates modern crowdsourcing solutions, offers a unique,
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`unconventional, and specially configured combination of “subsystems” in which to address the
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`Internet-centric problem.
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`12.
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`As set forth in the claims, the claimed invention has a collection of unconventional
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`and particularly configured subsystems, including:
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` “an electronic media submissions server subsystem,”
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` “an electronic multimedia creator server subsystem,”
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` “an electronic release subsystem,”
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` “an electronic voting subsystem,” and
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`
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`their corresponding specialized databases.
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`13.
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`Each of these subsystems are configured in a very specific (and not generic),
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`unconventional and non-routine manner to offer the novel and non-obvious claimed invention.
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`3
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`For example, claim 1 requires an “electronic media submissions database,” which is a subsystem
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`that receives media submissions from Internet users. This is not a generic database but rather a
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`scalable database that must be able to receive, store, and manage multiple petabytes of multimedia
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`data received from users all over the world. This is one of the many specialized databased required
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`in the claim. In fact, the specification discloses the use of a sophisticated database management
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`system known in the art at the time that was capable of handling data at this level, Oracle7. This
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`type of database management system cannot operate on a generic computing system but rather
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`requires specialized hardware and software.
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`14.
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`As another example, the claim requires a specifically configured “electronic media
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`submission server subsystem.” This subsystem is defined as specifically having:
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` “one or more data processing apparatus,”
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` “an electronic media submission database stored on a non-transitory medium,”
`and
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` “a submissions electronic interface.”
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`The “submissions electronic interface” is further specifically “configured” [1] “to receive
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`electronic media submissions from a plurality of submitters over a public network, and [2] store
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`the electronic media submissions in the electronic media submission database.” Further, “the
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`electronic media submissions database” in this subsystem is further required to “store[] [1] data
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`identifying the submitter and [2] data indicating content for each electronic media submission.”
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`Collectively, the level of detail included in this very particular, well-defined, and unconventional
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`subsystem makes clear that the claims include substantially more than the alleged abstract idea or
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`merely performing an alleged abstract idea on a computer.
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`15.
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`Similarly, the claim also requires a separate specifically configured “an electronic
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`multimedia creator server subsystem.” The claim specifically defines how this second subsystem
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`interacts with other components including being “operatively coupled to the electronic media
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`submissions server subsystem.” The claim also specifically defines this subsystem as “having”:
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` “one or more data processing apparatus” and
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` “an electronic creator multimedia database stored on a non-transitory
`medium.”
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`16.
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`This subsystem is also specifically “configured [1] to select and [2] retrieve a
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`plurality of electronic media submissions from the electronic media submissions database using
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`an electronic content filter located on the electronic multimedia creator server.” The “filter” also
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`includes a very specific algorithm of “being based at least in part on at least one of the one or more
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`user attributes to develop multimedia content to be electronically available for viewing on user
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`devices.” Even more detail is provided by requiring “the identification of the submitter [be]
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`maintained with each selected and retrieved submission within the multimedia content.” Here
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`again, collectively, the level of detail included in this very particular and well-defined and
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`unconventional subsystem makes clear that the claims include substantially more than an alleged
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`abstract idea or merely performing an alleged abstract idea on a computer.
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`17.
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`The claim also includes “an electronic release subsystem,” which is well defined
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`and not conventional or routine. The claim defines how this subsystem is “operatively coupled to
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`the electronic multimedia creator server subsystem.” The claim also defines the components of
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`this subsystem as having “one or more data processing apparatus” and being particularly
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`“configured to make the multimedia content electronically available for viewing on one of more
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`user devices.” These details, collectively, also make this very particular and well-defined and
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`unconventional subsystem substantially more than an abstract idea or performing an abstract idea
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`on a computer.
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`18.
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`The claim also requires “an electronic voting subsystem,” which is well-defined,
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`specific, and unconventional. This claimed subsystem has “one or more data processing
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`apparatus” and is specifically “configured to enable a user to electronic vote for or electronically
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`rate an electronically available multimedia content or an electronic media submission within a
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`respective electronically available multimedia content.”
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`19.
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`Claim 1 is a specific and discrete implementation. For example, the claim requires
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`an “electronic content filter” located at the server, remote from end users, and customizable based
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`on user attributes. As another example, the “electronic voting subsystem” at the time of the
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`invention was novel and inventive and added sufficient inventive contributions to avoid a risk of
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`preempting creating and distributing media content. It is possible to create and distribute media
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`content without ever having to include a “voting” subsystem on what components should be
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`included in such media content. The detailed configuration “to enable a user to vote for or
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`electronically rate an electronically available multimedia content or an electronic media
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`submission within a respective electronically available multimedia content” has the level of
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`particularity that avoids any risk of preemption.
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`20.
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`Furthermore, the very particular and specifically configured “electronic media
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`creator subsystem” not only provides a detailed and unique physical structure and interrelationship
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`with other claimed components, but also includes a very specific configuration that is not
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`conventional or routine. The claims make clear the interrelationship of the “electronic multimedia
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`creator server subsystem” with respect to “the electronic media submission server subsystem”
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`which must be “operatively coupled” thereto. The claims also provide detail on how the
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`“electronic media creator subsystem” is “configured” “to select and retrieve a plurality of
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`electronic media submissions from the electronic media submission database using an electronic
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`6
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`filter.” They also provide detail on how the “electronic filter” is “based at least in part on at least
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`one of the one or more user attributes” and specifies that “the identification of the submitter is
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`maintained with each selected and retrieved submission within the multimedia content.”
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`21.
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`41.
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`These arguments overcame a patent eligibility rejection under 35 U.S.C.
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`§101 of the claim at issue during the prosecution of the ‘480 patent.
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`22.
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`Direct Infringement. Upon information and belief, Defendant has been directly
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`infringing claim 1 of the ‘480 Patent in Illinois, and elsewhere in the United States, by employing
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`a computer-based system using https://twitter.com/
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`(“Accused
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`Instrumentality”)
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`(e.g.,
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`https://twitter.com/). Twitter uses a computer-based system for its Twitter website and platform,
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`for example to enable integration with web-based and app-based user interfaces. For example,
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`Twitter has employed, in order to operate its Twitter platform, a number of “Twitter data centers”
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`making use of web-scale server farms, including custom servers, as well as cloud-based processing
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`and storage. (https://www.datacenterknowledge.com/print/140170 (published July 13, 2014) and
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`https://www.datacenterknowledge.com/print/166999 (published May 4, 2018). Twitter, Inc.
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`distributes specific server hardware and cloud-processing according to an assortment of specific
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`functions, and is distributed across “tens of thousands of servers,” located for example in
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`Sacramento and the Atlanta metro area. Id.
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`23.
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`The Accused Instrumentality is a computer-based system comprising an electronic
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`media submissions server subsystem having one or more data processing apparatus and an
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`electronic media submissions database stored on a non-transitory medium and a submissions
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`electronic interface configured to receive electronic media submissions from a plurality of
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`submitters over a public network and store said electronic media submissions in said electronic
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`media submissions database, wherein the electronic media submissions database further stores data
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`7
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`identifying the submitter and data indicating content for each electronic media submission. The
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`Twitter computer-based platform includes an electronic media submissions server subsystem,
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`having one or more data processing apparatus and an electronic media submissions database in
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`order to process and store received submissions from users, for example as discussed above in
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`connection with the Twitter platform’s servers. These submissions, which include “tweets” are
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`provided to the Twitter platform via a submissions electronic interface configured to receive such
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`electronic media submissions (e.g., “tweets”) from a plurality of submitters (e.g., Twitter users
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`with accompanying created accounts) over a public network (e.g., the Internet) and stored in said
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`electronic media submissions database. The electronic media submissions database of the Twitter
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`platform which stores the submissions (e.g., “tweets” submitted by various Twitter users) further
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`stores data identifying the submitter and data indicating content for each electronic media
`
`submission. Examples of such submissions electronic interface used on the Twitter platform for
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`this purpose are and examples showing such data identifying the submitter and data indicating
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`content associated and stored with a variety of submissions (e.g., “tweets”) which are stored in the
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`electronic media submissions database are shown below. The following screenshots are YouTube
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`video published July 1, 2018 and available at https://www.youtube.com/watch?v=dZ8jykKJ5mU,
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`believed to be generally representative of the functionality of the Twitter platform at the time this
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`patent was in force. The backend functionality of the Twitter platform is kept as confidential or
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`largely confidential by Twitter, Inc., and this chart may be updated when information regarding
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`such backend functionality is provided by Twitter, Inc.
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`8
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`Case: 1:22-cv-06890 Document #: 1 Filed: 12/08/22 Page 10 of 33 PageID #:10
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`24.
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`The Accused Instrumentality comprises a user database comprising one or more
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`user attributes stored in such database. Such user database is stored in memory available through
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`the Twitter platform’s servers, for example as discussed above. One example of such user
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`attributes stored in such user database on the Twitter platform are one or more user “interests”
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`which may be indicated by a user stored within such user database. Further examples of such user
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`attributes stored in such user database on the Twitter platform are user profile pictures, a user
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`name, a user “@” handle, and attributes relating to a number and identity of “Tweets”, others users
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`“followed” by that user, and other users “following” that user, as shown for example below.
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`11
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`Case: 1:22-cv-06890 Document #: 1 Filed: 12/08/22 Page 12 of 33 PageID #:12
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`25.
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`The Accused Instrumentality employs an electronic multimedia creator server
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`subsystem operatively coupled to the electronic media submissions server subsystem, necessarily
`
`having one or more data processing apparatus in order to manage content, and an electronic creator
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`multimedia databased stored on a non-transitory medium, configured to select and retrieve a
`
`plurality of electronic media submissions from the electronic media submissions database using
`
`an electronic content filter located on the electronic multimedia creator server. As can be seen
`
`below, such electronic content filter as is used by Twitter is based at least in part on at least one of
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`the one or more user attributes (e.g., based on users that a particular user “follows” and/or based
`
`on other users that “follow” a particular user). Such function-specific subsystems may be contained
`
`within the function-specific servers, from amongst the tens of thousands of communicatively
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`connected Twitter servers, for example as discussed above. Such electronic content filter is used
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`by the Twitter platform to develop multimedia content (e.g., associated with “Tweets” and/or
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`notifications which may incorporate “Tweets”) to be electronically available for viewing on user
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`devices (e.g., computers or mobile devices incorporating browsers or the Twitter application)
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`wherein the identification of the submitter is maintained with each selected and retrieved
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`submission within the multimedia content.
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`
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`13
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`26.
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`As shown below, the Accused Instrumentality employs an electronic release
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`subsystem operatively coupled to the electronic multimedia creator server subsystem, necessarily
`
`having one or more data processing apparatus in order to serve content to Twitter users, configured
`
`to make the multimedia content electronically available for viewing on one or more user devices.
`
`For example, as shown below, multimedia content is provided on a user’s device in response to a
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`user logging in to Twitter and/or selecting “Notifications,” “All” and/or “Mentions” tabs. Such
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`function-specific subsystems may be contained within the function-specific servers, from amongst
`
`the tens of thousands of communicatively connected Twitter servers, for example as discussed
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`above.
`
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`15
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`Case: 1:22-cv-06890 Document #: 1 Filed: 12/08/22 Page 16 of 33 PageID #:16
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`Case: 1:22-cv-06890 Document #: 1 Filed: 12/08/22 Page 17 of 33 PageID #:17
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`27.
`
`The Accused Instrumentality employs an electronic voting subsystem (yellow in
`
`the below images), necessarily having one or more data processing apparatus in order to track a
`
`number of votes, configured to enable a user to electronically vote for or electronically rate (e.g.,
`
`by selecting a “heart” / “like” icon) an electronically available multimedia content or an electronic
`
`media submission within a respective electronically available multimedia content. As can be seen
`
`below, the option to vote for electronically available multimedia content or an electronic media
`
`submission within a respective electronically available multimedia content is made available to
`
`users via selecting a “heart” icon, and a total number of such selections is tracked and associated
`
`with the multimedia content and/or submission. Such function-specific subsystems may be
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`contained within the function-specific servers, from amongst the tens of thousands of
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`communicatively connected Twitter servers, for example as discussed above.
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`Case: 1:22-cv-06890 Document #: 1 Filed: 12/08/22 Page 18 of 33 PageID #:18
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`28.
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`Plaintiff has been damaged as a result of Defendant’s infringing conduct.
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`Defendant is thus liable to Plaintiff for damages in an amount that adequately compensates
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`Plaintiff for such Defendant’s infringement of the ‘480 Patent, i.e., in an amount that by law cannot
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`be less than would constitute a reasonable royalty for the use of the patented technology, together
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`with interest and costs as fixed by this Court under 35 U.S.C. § 284.
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`29.
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`On information and belief, to the extent marking is required, VCA has complied
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`with all marking requirements.
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`IV. COUNT II
`(PATENT INFRINGEMENT OF UNITED STATES PATENT NO. 9,477,665)
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`30.
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`31.
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`Plaintiff incorporates the above paragraphs herein by reference.
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`On October 25, 2016, United States Patent No. 9,477,665 (“the ‘665 Patent”) was
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`duly and legally issued by the United States Patent and Trademark Office. The ‘665 Patent is titled
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`“Revenue-Generating Electronic Multi-Media Exchange and Process of Operating Same.” A true
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`Case: 1:22-cv-06890 Document #: 1 Filed: 12/08/22 Page 19 of 33 PageID #:19
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`and correct copy of the ‘665 Patent is attached hereto as Exhibit B and incorporated herein by
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`reference.
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`32.
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`VCA is the assignee of all right, title, and interest in the ‘665 Patent, including all
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`rights to enforce and prosecute actions for infringement and to collect damages for all relevant
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`times against infringers of the ‘665 Patent. Accordingly, VCA possesses the exclusive right and
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`standing to prosecute the present action for infringement of the ‘665 Patent by Defendant.
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`33.
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`The application leading to the ‘665 patent was filed November 16, 2012, which was
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`a continuation of application no. 11/978,781, which issued as United States Patent No. 8,340,994,
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`which was a continuation of application no. 09/565,438 which issued as United States Patent No.
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`7,308,413. (Ex. B at cover). The ‘665 patent was first assigned to Virtual Creative Artists, LLC.
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`(Id.).
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`34.
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`The ‘665 Patent shares the identical specification as the ‘480 patent and therefore
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`VCA incorporates the background and discussion of the invention in Paragraphs 11-18.
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`Furthermore claim 1 involves a system for generating multimedia content. The claim requires,
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`among other things, electronically generating a multimedia file from the retrieved electronic media
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`Submissions in accordance with a selected digital format, wherein the identification of the
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`submitter is maintained with each retrieved submission within the multimedia file. The claim
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`requires electronically transmitting the multimedia file to a plurality of publicly accessible
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`webservers to be electronically available for viewing on one or more user devices over a public
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`network via a web-browser and. This allows electronically transmit data indicating votes or rating
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`of multimedia content in a much quicker and easier fashion based on specific user criteria. There
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`is nothing abstract about this very particular, unconventional, and non-routine system for the
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`Case: 1:22-cv-06890 Document #: 1 Filed: 12/08/22 Page 20 of 33 PageID #:20
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`generation of multimedia content as specifically claimed and there is no risk of preempting creating
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`and distribution contention generally, or even within the context of the Internet.
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`35.
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`The invention is a highly technical electronic process that cannot be achieved with
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`the human mind and is instead rooted in computer technology, including the steps of:
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` “electronically retrieving a plurality of electronic media submissions,”
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` “electronically generating a multimedia file from the retrieved electronic
`media submissions in accordance with a selected digital format,”
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` “electronically transmitting the multimedia file to a plurality of publicly
`accessible webservers to be electronically available for viewing on one or
`more user devices over a public network via a web-browser,” and
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` “providing a web-based graphical user interface that enables a user to
`electronically transmit data indicating a vote or rating for an electronically
`available multimedia content or an electronic media Submission within a
`respective electronically available multimedia content.”
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`36.
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`Each of these subsystems are configured in a very specific (and not generi0,
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`unconventional and non-routine manner to offer the novel and non-obvious approach claimed
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`invention. For example, claim 1 requires an “electronic media submissions database,” which is a
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`subsystem that receives media submissions from Internet users. This is not a generic database but
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`rather a scalable database that must be able to receive, store, and manage multiple petabytes of
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`multimedia data received from users all over the world. This is one of the many specialized
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`databased required in the claim. In fact, the specification discloses the use of a sophisticated
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`database management system known in the art at the time that was capable of handling data at this
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`level, Oracle7. This type of database management system cannot operate on a generic computing
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`system but rather requires specialized hardware and software.
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`37.
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`The claim also provides details to explain how each step operates. For example,
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`the claim requires “electronically retrieving a plurality of electronic media submissions from an
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`electronic media submissions database using an electronic content filter located on one or more
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`Case: 1:22-cv-06890 Document #: 1 Filed: 12/08/22 Page 21 of 33 PageID #:21
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`data processing apparatus.” Further, “the electronic media submissions database” in this step is
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`further required to “store[] [1] data identifying the submitter and [2] data indicating content for
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`each electronic media submission.” The step further requires and “electronic content filter.” The
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`“filter” also includes a very specific algorithm of “being based at least in part on at least one of the
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`one or more user attributes.”
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`38.
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`The claims also require an “electronically generating a multimedia file from the
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`retrieved electronic media submissions in accordance with a selected digital format.” Manipulation
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`of multimedia data in accordance with a selected digital format is far from generic and was not
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`routine or conventional at the time of the invention. Further, this step requires that the “electronic
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`media submissions database” “stores data identifying the submitter” and the “the identification of
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`the submitter is maintained with each retrieved submission within the multimedia file.”
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`39.
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`The claims also require “providing a web-based graphical user interface that
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`enables a user to electronically transmit data indicating a vote or rating for an electronically
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`available multimedia content or an electronic media Submission within a respective electronically
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`available multimedia content,” which is a well-defined, specific, and unconventional feature. By
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`including this additional voting/rating feature, the claims avoid any risk of preempting the creation
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`and distribution of content.
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`40.
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`The also has inventive concepts. For example, the claim requires that he filtering
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`tool be at a specific location, remote from the end-users, with customizable filtering features
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`specific to each end user. The "electronic content filter” is located at the server, remote from the
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`end user, and customizable based on user attributes. The “electron voting” step at the time of the
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`invention was also novel, inventive, and added sufficient inventive contributions to avoid a risk of
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`preempting the creation and distribution of media content. It is clearly possible to create and
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`21
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`Case: 1:22-cv-06890 Document #: 1 Filed: 12/08/22 Page 22 of 33 PageID #:22
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`distribute media content without every having to include a “voting” subsystem on what
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`components should be included in such media content.
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`41.
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`These arguments overcame a patent eligibility rejection under 35 U.S.C. §101 of
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`the claim at issue during the prosecution of the ‘665 patent.
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`42.
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`Direct Infringement. Upon information and belief, Defendant has been directly
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`infringing claim 1 of the ‘665 Patent in Illinois, and elsewhere in the United States, by e