Patent troll attacks e-discovery companies. It’s deja vu … all over again.

By:

Gregory P. Bufithis, Esq.
Founder/CEO
The Project Counsel Group

9 June 2016 – Here we go again ….

Here is the gist: Blackbird Technologies has patented some simple ways to perform a concept search, which they now allege others have used in violation of their patent. Their main target is kCura, “a developer and provider of an e-discovery system called “Relativity.”” From the complaint:

COUNT I – INFRINGEMENT OF U.S. PATENT NO. 7,809,717

14. Blackbird Technologies reasserts and incorporates herein by reference the allegations of all preceding paragraphs of this Complaint as if fully set forth herein.

15. Defendant is a developer and provider of an e-discovery system called “Relativity.” The current commercially-available version of Relativity is Version 9.3 (“v9.3”). (Ex. 4 at 2). According to Defendant, Relativity v9.3 includes various features called “products,” including an “Analytics” product. (Ex. 5 at 1). Further according to Defendant, Relativity Analytics includes a “[c]oncept searching” feature. (Ex. 6 at 2).

19. Defendant has directly infringed one or more of the claims of the ‘717 Patent, including at least claims 1, 10, 16, and 25, in this judicial district and/or elsewhere in the United States. Defendant has directly infringed claims 1 and 10, for example, by using e-discovery systems (e.g., Relativity v9.3 in conjunction with a computer system) to perform a concept search with integrated keyword search. (Ex. 7). Defendant has directly infringed claims 16 and 25, for example, by making, using, importing, selling and/or offering to sell a computer system, called an “appliance” by Defendant, loaded with e-discovery software (e.g., Relativity v9.3) capable of performing a concept search with integrated keyword search. (Ex. 7; Ex. 8 at 1). Defendant’s infringing activities violate 35 U.S.C. § 271(a).

25. Blackbird Technologies is informed and believes, and on that basis alleges, that Defendant has gained profits by virtue of its infringement of the ‘717 Patent.

There is also a list of related complaints, including well-known brands such as Advanced Discovery, DiscoverReady, Innovative Discovery, TransPerfect and UnitedLex. You can read all of the filings by clicking here.

kCura quickly issued a notice to its partners:

We wanted to let you know that yesterday a series of complaints were filed against kCura—and several partners we’ve already spoken with—by a known patent troll, Blackbird Tech LLC, engaging us in litigation related to U.S. patent 7,809,717, entitled, “Method and Apparatus for Concept-based Visual Presentation of Search Results.”

Based on our legal team’s initial review, this case has no merit. We plan to vigorously defend against these claims, and honor our contractual defense and indemnity obligations. We are confident in our position.

This case should have no effect on your use of Relativity, or the support you receive from kCura, but we did want you to know that we’re aware of the situation and are addressing it appropriately.

If you have any questions, please feel free to direct them to your account manager.

Climbing into the “Way Back” machine we all remember 2012 when a company called Lone Star Document Management filed a string of patent-infringement lawsuits against a number of e-discovery companies.  The lawsuits claimed infringement of a U.S. patent 6,918,082 which described a system for proofing PDF documents delivered over a network. Some of the patent claims did not apply to e-discovery software, and those that did … such as the ability for users to add comments to documents … were standard methods well before this patent was filed in 1998.

Those sued included Atalasoft, Breeze LLC, Business Intelligence Associates, CAP Digisoft Solution Inc., Catalyst, CaseCentral, Digital Reef, Gallivan, Gallivan & O’Melia, Lexbe, and Trial Solutions of Texas (now known as CloudNine Discovery). A number of companies reached a settlement with Lone Star, or entered into a licensing arrangement.

This should make for interesting chats at LegalTech West event next week.