Match Group, LLC v. Bumble Trading Inc.

Western District of Texas, txwd-6:2018-cv-00080

Exhibit 13

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1 EXHIBIT 13 1 Claim Chart U.S. Patent No. 9,733,811 Bumble Trading Inc. ("Bumble") has committed and continues to commit acts of infringement under 35 U.S.C. § 271 with its various accused instrumentalities. The citations below are intended to be exemplary only and in no way foreclose Match from citing or relying on additional documents, information, and/or testimony at a later time. These contentions are preliminary in nature, and further analysis of the Accused Instrumentalities, internal documentation, source code, and/or testimony from relevant witnesses may be necessary to more fully and accurately describe the infringing features of its Accused Instrumentalities. Accordingly, Match reserves the right to supplement, correct, modify, and/or amend these contentions after sufficient discovery from Defendants. Match further reserves the right to supplement, correct, modify, and/or amend these contentions as discovery in this case progresses; in view of the Court's claim construction order; in view of any positions taken by Defendants, including but not limited to positions on claim construction, invalidity, and/or non-infringement; and in connection with the preparation and exchange of expert reports. As used in these contentions, Bumble's "Accused Instrumentalities" shall include all versions of the Bumble application, including all client application and server-side components, including Bumble for iOS and Bumble for Android. "Bumble's servers" refers to server-side hardware, software, and data components, including both physical components, such as a rack server, and virtual components, such as a virtual machine residing on a hypervisor and functioning as a server. This also refers to such components hosted in facilities operated by Bumble or in facilities operated by third parties from whom Bumble obtains hosting services (e.g., content delivery networks or cloud service providers). Similarly, Bumble's servers refer to third party services that are accessed or utilized by Bumble, including registration, identity management, and push notification services. "The Bumble app" refers to the Bumble application as well as any third-party libraries utilized by the app or operating system services or components utilized by the app. In these contentions, Match also refers to an "original version" and a "modified version" of the Bumble's Accused Instrumentalities. As used in these contentions, the "original version" refers to all versions of the Bumble's Accused Instrumentalities—including all client application and server-side components—released prior to the redesign that was released on or around September 2018. The "modified version" of the Bumble's Accused Instrumentalities refers to all versions of the Bumble's Accused Instrumentalities—including all client application and server-side components—released on or after that September 2018 redesign. Unless specific design changes occurring prior to the September 2018 redesign are expressly discussed, the evidence set forth below related to the "original version" of Bumble is representative of all versions of the Bumble prior to the initial release of the "modified version." Unless specific design changes occurring after the September 2018 redesign are expressly discussed, the evidence set forth below related to the "modified version" is representative of all versions of the Bumble's Accused Instrumentalities released since the modified version was first released. Further, unless otherwise noted, Match asserts that, for all places in which Match has presented evidence of a particular functionality from only one of the "original version" 1 1 Claim Chart U.S. Patent No. 9,733,811 or "modified version" but not both, the functionality depicted is representative of functionality contained in all versions of the Bumble's Accused Instrumentalities.1 1 Match notes that Bumble also modified its app in or around April 2018 to allow users to create and authenticate accounts without a Facebook profile. This change and its impact on Match's infringement theories is expressly addressed in the claim charts below. 2 1 1 1 1 1 1 1 1