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Blackbird Tech LLC v. Advanced Discovery Inc.

United States District Court, D. Delaware

June 26, 2017

BLACKBIRD TECH LLC d/b/a BLACKBIRD TECHNOLOGIES, Plaintiff,
v.
ADVANCED DISCOVERY INC., Defendant. BLACKBIRD TECH LLC d/b/a BLACKBIRD TECHNOLOGIES, Plaintiff,
v.
SYSTEM ONE HOLDINGS, LLC, Defendant. BLACKBIRD TECH LLC d/b/a BLACKBIRD TECHNOLOGIES, Plaintiff,
v.
DISCOVERYREADY LLC, Defendant. BLACKBIRD TECH LLC d/b/a BLACKBIRD TECHNOLOGIES, Plaintiff,
v.
EVD, INC., Defendant. BLACKBIRD TECH LLC d/b/a BLACKBIRD TECHNOLOGIES, Plaintiff,
v.
INNOVATIVE DISCOVERY LLC, Defendant. BLACKBIRD TECH LLC d/b/a BLACKBIRD TECHNOLOGIES, Plaintiff,
v.
KCURALLC, Defendants. BLACKBIRD TECH LLC d/b/a BLACKBIRD TECHNOLOGIES, Plaintiff,
v.
LDISCOVERY, LLC, Defendant. BLACKBIRD TECH LLC d/b/a BLACKBIRD TECHNOLOGIES, Plaintiff,
v.
TRANSPERFECT, INC., Defendant. BLACKBIRD TECH LLC d/b/a BLACKBIRD TECHNOLOGIES, Plaintiff,
v.
UNITEDLEX CORPORATION, Defendant. BLACKBIRD TECH LLC d/b/a BLACKBIRD TECHNOLOGIES, Plaintiff,
v.
XACT DATA SERVICES, INC., Defendant.

          MEMORANDUM

         I. INTRODUCTION

         On June 7, 2016, plaintiff Blackbird Tech LLC d/b/a Blackbird Technologies' ("Blackbird") initiated patent infringement lawsuits against kCura LLC and nine of its channel resellers, Advanced Discovery Inc., System One Holdings, LLC, DiscoverReady LLC, EVD, Inc., Innovative Discovery LLC, LDiscovery, LLC, TransPerfect Document Management, Inc., UnitedLex Corporation, Xact Data Services, Inc. (collectively, "kCura"). Blackbird alleges that kCura infringes U.S. Patent No. 7, 809, 717 ("the '717 patent"). Presently before the court is kCura's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (D.I. 11.) kCura argues that the '717 patent claims patent ineligible subject matter and is therefore invalid under 35 U.S.C. § 101. For the reasons discussed below, the court will grant-in-part and deny-in-part kCura's motion to dismiss.

         II. BACKGROUND

         The '717 patent-entitled "Methods and Apparatus for Concept-Based Visual Presentation of Search Results"--describes a method and a system for conducting a search based on a search query and then sorting the search results according to a relevance criteria. '717 patent, col. 11.5. The '717 patent recites thirty claims, with two independent claims. Claim 1 recites:

A computer implemented method of displaying search results, the computer comprising at least one processor for executing computer readable instructions stored in a memory, the method comprising:
receiving at the computer a search query containing at least one of search term to conduct a search of a plurality of computer readable documents;
obtaining search results comprising a first document and second document based on the at least one search term of the search query; determining at least one concept related to the search query by matching the at least one search term to the at least one concept in a concept knowledge base;
evaluating the similarity between the first and second documents and the at least one concept by determining an accordance value indicating a similarity between the first and second documents and the at least one concept by:
determining a first accordance value by evaluating the similarity between the first returned document and the at least one concept; and
determining a second accordance value by evaluating the similarity between the second returned document and the at least one concept; and
displaying the first returned document and second returned document sorted in an order based on the first accordance value and the second accordance value.

         Claim 16 recites:

A data processing system for displaying search results ...

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