eDiscovery Trouble: Blackbird Technologies v. kCura LLC

Case 1:16-cv-00418-UNA   Filed 06/07/16 Blackbird Technologies v. kCura LLC (Pacer Link)

Just in time to be a discussion topic at LegalTech! Most anyone involved in litigation support and technology is familiar with kCura Relativity, including Blackbird Technologies. As I was reviewing recent (filed just yesterday) Patent Complaints this morning, I happened to notice some familiar names, prompting me to look a little deeper. This is breaking news -- not even out in the legal news sites yet. It seems Blackbird has patented some nice ways to perform a concept search, which they allege others have used in violation of their patent. kCura is "a developer and provider of an e-discovery system called “Relativity.”" There is a list of related complaints, including well-known brands such as Advanced Discovery, DiscoverReady, Innovative Discovery, TransPerfect and UnitedLex.

Here are a few highlights 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).  

16. Defendant provides users with documentation instructing users on how to use

Relativity.  (See, e.g., https://help.kcura.com/9.3/Content/index.htm).

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.

This could get interesting.