Case 6:21-cv-00532 Document 1 Filed 05/26/21 Page 1 of 13
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Case No. 6:21-cv-532
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`MEDALLIA INC.,
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`Plaintiff,
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`v.
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`CONTENT SQUARE SAS,
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`Defendant.
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`
`
`COMPLAINT FOR PATENT INFRINGEMENT AND
`DEMAND FOR JURY TRIAL
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`

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`Case 6:21-cv-00532 Document 1 Filed 05/26/21 Page 2 of 13
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`Plaintiff Medallia Inc. (“Plaintiff” or “Medallia”), by and through its counsel, files its
`Complaint against Defendant Content Square SAS (“Defendant” or “Content Square”) and
`alleges as follows:
`
`NATURE OF THE ACTION
`This is a civil action for infringement of Plaintiff’s United States Patent No.
`1.
`8,886,552 (“the ‘552 Patent”) by Defendant under the patent laws of the United States, 35 U.S.C.
`§ 1 et seq.
`PARTIES
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`Plaintiff Medallia is a publicly traded corporation organized and existing under
`2.
`the laws of the State of Delaware. Medallia maintains an office within this Judicial District at
`211 East 7th St., Floor 11, Austin, TX 78701.
`Upon information and belief, Defendant Content Square SAS is a company
`3.
`organized and existing under the laws of France, having its principal place of business at 5
`Boulevard de la Madeleine, 75001 Paris, France.
`Upon information and belief, Content Square has over 700 employees located in
`4.
`France, Israel, the United States, Japan, the United Kingdom, and Germany, including in Austin,
`Texas.
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`JURISDICTION AND VENUE
`This action arises under the patent laws of the United States, 35 U.S.C. § 1 et seq.,
`5.
`including 35 U.S.C. § 271. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§
`1331 and 1338(a).
`This Court has personal jurisdiction over Content Square at least because Content
`6.
`Square has committed one or more of the infringing acts complained of herein in Texas and in
`this Judicial District. On information and belief, Content Square places infringing products into
`the stream of commerce, and/or causes such products to be placed into the stream of commerce,
`with the knowledge, understanding, and expectation that such products will be sold and/or used
`in Texas and in this Judicial District. Additionally, upon information and belief, Content Square
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`maintains an office in this Judicial District, has multiple employees in this Judicial District, and
`is currently advertising multiple open sales, marketing, and engineering positions in this Judicial
`District. Plaintiff is informed and believes, and on that basis alleges, that Content Square derives
`substantial revenue from the sale of infringing products in this Judicial District, expects its
`actions to have consequences in this Judicial District, and derives substantial revenue from its
`acts in this Judicial District. Thus, a substantial part of the events giving rise to Medallia’s claims
`occurred and continues to occur in this Judicial District. On information and belief, Content
`Square has purposefully availed itself of the privilege of conducting activities within the State of
`Texas and within this Judicial District. Content Square’s activities in the State of Texas and
`within this Judicial District are continuous and systematic and give rise to the liabilities that are
`the subject of this Complaint. More specifically, on information and belief, Content Square’s
`activities include, inter alia, developing, promoting, and supporting infringing products that it
`offers for sale, sells, markets, advertises, and supports at least in part through personnel in Texas
`and in this Judicial District. See, e.g., https://contentsquare.com/blog/the-digital-happiness-
`summer-roadshow-2019/ (“We’re hosting our Austin roadshow at Maggie Mae’s, an iconic ‘bar’
`that screams Austin.”) (visited on 5-23-21).
`Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400(b). On
`7.
`information and belief, Content Square resides, and/or is deemed to reside, in this Judicial
`District and has substantial, systematic, and continuous contacts with this Judicial District. On
`information and belief, Content Square has committed acts of infringement in this Judicial
`District and/or has purposefully transacted business involving the accused products in this
`District including by, among other things, making, using, selling, offering to sell, and/or
`importing products in this Judicial District by itself or in conjunction with others, either directly
`or through intermediaries.
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`FACTUAL BACKGROUND
`Medallia is a leader in customer, employee, citizen, and patient experience
`8.
`analytics. Medallia’s award-winning SaaS platform, Medallia Experience Cloud, captures
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`Case 6:21-cv-00532 Document 1 Filed 05/26/21 Page 4 of 13
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`billions of experience signals across voice, video, digital, IoT, social media, and corporate
`messaging channels. Medallia has invested substantial time and money in developing its
`proprietary artificial intelligence and machine learning technology to automatically uncover
`predictive insights that drive powerful business actions and outcomes.
`The ‘552 Patent addresses a real need to evaluate user reaction and user
`9.
`experience when navigating through websites over a network. The ‘552 Patent is an
`improvement over pre-existing computer technology that enables more accurate and interactive
`analysis of user interaction and feedback collected on the websites over the network in real time.
`By improving the underlining computer technology for user feedback analysis, the ‘552 Patent
`has achieved commercial success as exemplified by Medallia’s award-winning SaaS platform,
`the Medallia Experience Cloud, which leads the market in understanding and management of
`experience for customers, employees, patients and citizens. The ‘552 invention can reduce churn,
`turn detractors into promoters and buyers, create in-the-moment cross-sell and up-sell
`opportunities and drive revenue-impacting business decisions.
`Content Square was founded in 2012 by Jonathan Cherki, who serves as CEO of
`10.
`Content Square SAS.
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`FIRST CAUSE OF ACTION
`(Infringement of Patent No. 8,886,552)
`11. Medallia hereby re-alleges and incorporates by reference the foregoing
`paragraphs of the Complaint as if fully set forth herein.
`The ‘552 Patent, entitled “METHOD AND SYSTEM FOR ONLINE USER
`12.
`FEEDBACK ON WEBSITES AND SOFTWARE,” was duly and legally issued on November
`11, 2014.
`13. Medallia owns all right, title, and interest in the ‘552 Patent as well as the right to
`sue for, collect, and receive damages for past, present, and future infringements of the ‘552
`Patent. A true and correct copy of the ‘552 Patent is attached hereto as Exhibit A.
` The ‘552 Patent is valid and enforceable.
`14.
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`Content Square has infringed and continues to infringe, literally and/or by the
`15.
`doctrine of equivalents, one or more claims of the ‘552 Patent by making, using, selling, and/or
`offering to sell its web analytics platform(s), alone or in coordination with one or more
`Technology Partners (https://partners.contentsquare.com/technology-partners) other than
`Medallia, including but not limited to Survey Monkey, in violation of at least one claim of the
`‘552 Patent (“the Accused Product”) in the United States and/or importing the Accused Product
`into the United States. On information and belief, the Accused Product infringes at least claim 1
`of the ‘552 Patent because the Accused Product “helps companies understand hidden customer
`behaviors, and use those insights to drive more successful experiences” (https://Content
`Square.com/). For example, the Accused Product collects and analyzes structured user feedback
`on websites as shown below:
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`https://Content Square.com/why-Content Square/design-ux-teams/
`16. Moreover, as indicated on Content Square’s website, the Accused Product
`generates and provides structured feedback forms for providing website user feedback on
`website user interaction that includes selectable feedback messages provided in a categorized and
`nested structure.
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`https://Content Square.com/partners/ -- Video Clip “The Power of Customer Insights
`Everywhere The Content Square Experience Partner Ecosystem & Open APIs”.
`As illustrated by the below figure, the Accused Product further determines that a
`17.
`given user intends to cancel a transaction or abandon the website based on a website action of a
`given user, and upon making such determination, presents a feedback form to the user in order to
`collect and analyze feedback data.
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`https://Content Square.com/platform/
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`Case 6:21-cv-00532 Document 1 Filed 05/26/21 Page 7 of 13
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`https://Content Square.com/platform/customer-journey-analytics/
`As demonstrated on Content Square’s website, the Accused Product also
`18.
`automatically collects and analyzes website user feedback including functionality to provide at
`least one analysis report based on multiple website users, including a structured analysis report.
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`https://Content Square.com/platform/customer-journey-analytics/
`As illustrated on Content Square’s website, the Accused Product further provides
`19.
`a web analytics interfacing functionality to receive web behavior analysis of the user wherein the
`analysis of user feedback includes the behavior analysis that produces an analysis report.
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`https://Content Square.com/why-Content Square/design-ux-teams/
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`Likewise, as shown in the below figure, the automatic analysis of website user
`20.
`feedback produced by the Accused Product includes factoring the received web behavior
`analysis in the automatic analysis and producing at least one analysis report that includes an
`integration of the received web behavior analysis.
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`https://Content Square.com/platform/struggle-analysis/
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`https://Content Square.com/platform/
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`And, as illustrated on Content Square’s website, the Accused Product analyzes
`21.
`user feedback in multiple stages, factors into the stage specific analysis web behavior analysis
`relating to each of the stages, and reports the results of the analysis in relation to each of the
`stages separately for each stage.
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`https://Content Square.com/platform/customer-journey-analytics/
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`https://Content Square.com/platform/ai-insights/
`Upon information and belief, Content Square has been and is also responsible for
`22.
`direct infringement on a joint or divided infringement theory because it performs at least one
`claimed step, and has conditioned the benefit of a financial relationship with itself on another
`company’s (e.g., at least SurveyMonkey’s) performance of certain other method steps, and
`Content Square controls the manner or timing of that performance through contractual and/or
`technological means.
`23. Medallia is informed and believes, and on that basis alleges, that Content Square’s
`infringement of the ‘552 Patent has been and continues to be intentional, willful, and without
`regard to Medallia’s rights at least because it had knowledge of the ‘552 Patent through its
`relationship with Medallia (as a Technology Partner) and/or by this Complaint.
`Upon information and belief, Content Square has been and is inducing
`24.
`infringement of the ‘552 Patent through the dissemination of the products and services described
`above and/or the creation and dissemination of promotional materials, marketing materials,
`instructions, product manuals, professional services, and/or technical information that instruct
`users such as its customers to use those products and services in a manner that infringes one or
`more claims of the ‘552 Patent, including but not limited to the Content Square web pages
`described above. Upon information and belief, Content Square has been and is engaging in such
`acts of inducement with knowledge of the ‘552 Patent and knowledge that the induced acts
`constitute patent infringement, or willful blindness to that fact, in violation of 35 U.S.C. §
`271(b).
`Upon information and belief, Content Square has been and is contributing to the
`25.
`infringement of the ‘552 Patent by selling or offering to sell the Accused Product, knowing it to
`be especially made or especially adapted for practicing the invention of the ‘552 Patent and not a
`staple article or commodity of commerce suitable for substantial non-infringing use, in violation
`of 25 U.S.C. § 271(c).
` Medallia is informed and believes, and on that basis alleges, that Content Square
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`has profited from its infringement of the ‘552 Patent.
` Medallia has sustained damages as a direct and proximate result of Content
`27.
`Square’s infringement of the ‘552 Patent.
`28. Medallia will suffer and is suffering irreparable harm from Content Square’s
`infringement of the ‘552 Patent. Medallia has no adequate remedy at law and is entitled to an
`injunction against Content Square’s continuing infringement of the ‘552 Patent. Unless enjoined,
`Content Square will continue its infringing conduct.
`PRAYER FOR RELIEF
`WHEREFORE, Medallia prays for the following relief:
`A judgment that Content Square has directly infringed, contributorily infringed,
`29.
`and/or induced infringement of one or more claims of the ‘552 Patent;
`An order and judgment preliminarily and permanently enjoining Content Square
`30.
`and its officers, directors, agents, servants, employees, affiliates, attorneys, and all others acting
`in privity or in concert with them, and their parents, subsidiaries, divisions, successors, and
`assigns from further acts of infringement of the ‘552 Patent;
`A judgment awarding Medallia all damages adequate to compensate for Content
`31.
`Square’s infringement of the ‘552 Patent, including its lost profits but in no event less than a
`reasonable royalty, along with prejudgment and post-judgment interest at the maximum rate
`permitted by law;
`A judgment awarding Medallia all damages, including treble damages, based on
`32.
`any infringement found to be willful, pursuant to 35 U.S.C. § 284, together with prejudgment
`interest;
`Actual damages suffered by Medallia as a result of Content Square’s unlawful
`33.
`conduct, in an amount to be proven at trial, as well as prejudgment interest as authorized by law;
`A judgment that this is an exceptional case and an award to Medallia of its costs
`34.
`and reasonable attorneys’ fees incurred in this action as provided by 35 U.S.C. § 285; and
`Such other relief as this Court deems just and proper.
`35.
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`Case 6:21-cv-00532 Document 1 Filed 05/26/21 Page 13 of 13
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`Dated: May 26, 2021
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`RIMON, P.C.
`
`By: /s/ Melissa R. Smith
`RIMON, P.C.
`Karineh Khachatourian (SBN 202634)
`karinehk@rimonlaw.com
`Nikolaus A. Woloszczuk (SBN 286633)
`nikolaus.woloszczuk@rimonlaw.com
`Oren J. Torten (SBN 332720)
`oren.torten@rimonlaw.com
`2445 Faber Place, Suite 250
`Palo Alto, California 94303
`Telephone: 650.461.4433
`Facsimile: 650.461.4433
`
`MELISSA R. SMITH (TX SBN 24001351)
`melissa@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, TX 75670
`Telephone:
`903-934-8450
`Facsimile:
`903-934-9257
`
`Attorneys for Plaintiff MEDALLIA INC.
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`