Bascom Research, LLC v. Linkedin, Inc.

77 F. Supp. 3d 940, 2015 U.S. Dist. LEXIS 4606, 2015 WL 149480
CourtDistrict Court, N.D. California
DecidedJanuary 5, 2015
DocketCase No. 12-cv-06293-SI; Case No. 12-cv-06924 SI
StatusPublished
Cited by10 cases

This text of 77 F. Supp. 3d 940 (Bascom Research, LLC v. Linkedin, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bascom Research, LLC v. Linkedin, Inc., 77 F. Supp. 3d 940, 2015 U.S. Dist. LEXIS 4606, 2015 WL 149480 (N.D. Cal. 2015).

Opinion

ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

Re: Dkt. No. 117. in C 12-cv-6293 SI and Dkt. No. 141 in C 12-cv-6294

SUSAN ILLSTON, United States District Judge

On December 2, 2014, the Court held a hearing on defendants’ motions for summary judgment of invalidity of plaintiffs patents-in-suit under 35 U.S.C. § 101. For the reasons set forth below, the Court GRANTS defendants’ motions for summary judgment.

BACKGROUND

On October 3, 2012, plaintiff Bascom Research, LLC (“Bascom”) filed related actions for patent infringement against defendants Facebook, Inc. and Linkedln Corporation under the Patent Act, 35 U.S.C. § 101 et seq.1 Bascom Research LLC v. Facebook, Inc., No. 12-cv-06293 SI, Dkt. No. 73, First Am. Compl. (“FAC”) ¶ 3; Bascom Research LLC v. LinkedIn Corporation, No. 12-cv-06294 SI, Dkt. No. 92, First Am. Compl. (“LinkedIn FAC”) ¶ 3.2 Bascom accuses' defendants of directly and indirectly infringing four of its patents. FAC ¶¶ 35-106.

[942]*942On September 26, 2014, defendants filed motions for summary judgment of patent invalidity pursuant to 35 U.S.C. § 101. Defendants contend that Bascom’s patent claims are invalid under the recent U.S. Supreme Court decision in Alice Corp. Pty. v. CLS Bank Int'l, — U.S.-, 134 S.Ct. 2347, 189 L.Ed.2d 296 (2014), because the claims (1) are directed to an “abstract idea,” and (2) “do not recite any transformative elements beyond a generic computer implementation.” Id.

Bascom accuses defendants of infringing four patents: U.S. Patent No. 7,389,241 (the '241 patent) (titled “Method for Users of a Network to Provide Other Users with Access to Link Relationships Between Documents”); U.S. Patent No. 7,111,232 (the '232 patent) (“Method and System for Making Document Objects Available to Users of a Network”); U.S. Patent No. 7,139,974 (the '974 patent) (“Framework for Managing Document Objects Stored on a Network”); and U.S. Patent No. 7,158,-971 (the '971 patent) (“Method for Searching Document Objects on the Network”). FAC ¶¶ 6, 9, 12,15. The '971 is a continuation-in-part of the '974, the '241 is a continuation-in-part of the '232, the '974 and '232 are both continuations-in-part of application No. 10/050/515, and all four patents claim priority to provisional applications filed in March 2001 and April 2001.

All four patents were issued to Thomas Layne Bascom. Id. The four patents-in-suit share substantially overlapping specifications. Each of the four patents contains summaries stating:

The systems, apparatus and methods of the present invention (hereinafter “Linkspace”) incorporate and provide many improvements on existing methods for publishing, distributing, relating and searching document objects on computer networks, including the Internet.
Linkspace operates to provide many beneficial improvements in searching, identifying, and publishing information over computer networks.
Linkspace permits a user of a computer network or the Internet to establish relationships betwee'n document objects located on the network or the Internet. Those relationships may comprise link relationships and link references and are maintained by Linkspace in one or more link directories. The contents of link directories may be organized, categorized, sorted and filtered in groupings based on various criteria relating to, among other things, user interests and attributes, the types of document objects and the nature of the content of those document objects. Linkspace allows a network user to be presented with a selection of links to document objects related to the document object the user is currently accessing based upon the URL of the current document object, and link relationships created by the user and other users of the network stored in the link directories.

'974 at 3:30-52; '241 at 3:11-35; '971 at 4:36-58; '232 at 2:63-3:19. The following claim is representative:

A method for providing a framework for document objects located on a network, the method comprising:
creating one or more link directories for storing link relationships between document objects located on the network, wherein the one or more link relationships are separate from the document objects;
creating a link relationship between a first document object located on the network and a second document object located on the network;
assigning attributes describing the link relationship, wherein the attributes are stored with the link relationship;
[943]*943presenting the link relationship with one or more of the attributes describing the link relationship.

'974 Claim '45.3 The' other asserted claims similarly recite “link relationships” between document objects and different types of features involving link relationships. See '974 Claims 1, 2, 5, 7-9, 31, 34, 44; '232 Claims 4-6, 12, 14; '971 Claims 14, 19-21; and '241 Claims 1, 2, 4, 17, 24, 55, 61-63, 73, 74, 78. The link relationships are described by attributes that are “descriptive, temporal, spatial, or quantitative in nature, i.e., describe the link reference in terms of who or what, when, where, or how much.” '974 at 8:49-52; '971 at 10:12-15; '232 at 8:26-29; '241 at 8:32-34. Attributes “may include descriptions of the content of either of the document objects [] related by the link relationship [] wherein that content may be described to include a product review, news article, product information page, competitor’s product information, or product order forms, among other types of content.” '974 at 13:17-22; '971 at 14:46-53; '232 at 12:59-65; '241 at 12:58-64. The link relationships may be stored in a “link directory,” which the specifications describe as a “table” or a set of “relational database records.” '974 at 11:34-12:35; '971 at 12:6517:49; '232 at 11:11-40, 13:53-14:59; '241 at 11:11-40, 13:52-14:59. The specifications state that these features are implemented over a system that includes a network, “such as the Internet or other network of interconnected computers or a combination of networks and the Internet”; “client devices”; servers;“first document objects”; “second document objects”; “link references ... corresponding to the first document objects 40 and the second document objects”; and “link relationships.” '971 at 6:53-8:30, 47:56-48:8; '232 at 4:66-6:44, 30:46-63; '974 at 5:22-6:67, 34:35-52; '241 at 5:9-6:52, 39:8-25.

During prosecution of the '971 patent, the Examiner rejected the claims based on 35 U.S.C. § 101 “because they merely recite a number of computing steps without producing any tangible result and/or being limited to a practical application within the technological arts.” Dkt. 118-7 at 2-3. Bascom overcame these rejections by adding the words “computer-implemented” into the claims. Dkt. 118-22 at 10. In 2012, the Patent Office rejected all pending claims in a related Bascom patent application under § 101. Dkt.

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Bluebook (online)
77 F. Supp. 3d 940, 2015 U.S. Dist. LEXIS 4606, 2015 WL 149480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bascom-research-llc-v-linkedin-inc-cand-2015.