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4 September 2018Patents

Pinterest’s content system targeted in patent suit

Content sharing platform Pinterest is at the centre of a patent infringement lawsuit filed by an employee benefits consulting firm.

DKR Consulting filed its complaint against the online pinboard platform at the US District Court for the Northern District of California on Friday, August 31.

The North Carolina-based consulting firm is the assignee of US patent number 9,679,298, issued in June 2017.

The ‘298 patent, called “System and method for distributing multimedia content”, covers a system comprising a display device for content retrieval with a content preview component and a data storage element.

DKR accused Pinterest of making and using systems which infringe the ‘298 patent as well as inducing others to use the infringing systems.

The online pinboard platform operates a software system, available via web and mobile app, which allows people to “discover new ideas and find inspiration to do the things they love”, according to its website.

It works by allowing users to save image ‘pins’ to ‘boards’ of ideas.

DIY Media owned the patent before DKR, and allegedly had a “business relationship” with Pinterest as DIY Media’s ShopPost platform was “integrated with Pinterest’s platform for a period of time”.

The complaint said that DIY Media and Pinterest entered into a non-disclosure agreement to discuss the possibility of a patent licensing agreement in April 2017. As part of the negotiations, Pinterest was allegedly provided with documents related to the ‘298 patent.

DKR claimed that, after the documents were provided, DIY Media tried to reach Pinterest for at least three months “without success” and no licensing agreement for the ‘298 patent materialised.

The consulting firm alleged that Pinterest uses software and web widgets (applications that occupy a portion of a website with information obtained from other websites) to distribute multimedia content in a manner claimed by the ‘298 patent.

Pinterest also allows users to enter into transactions between content sharers through the use of its Buyable Pin widget. The widget enables users to purchase products without leaving the Pinterest platform.

DKR said its software enables the use of Pinterest’s widgets, including the Buyable Pin widget, and they are a “material component” of the system claimed by the ‘298 patent.

The consulting firm has asked for monetary and injunctive relief for Pinterest’s direct infringement of the ‘298 patent, and for inducing and contributing to infringement of the patent.

As the online pinboard platform allegedly knew of the ‘298 patent, DKR has asked the court to award enhanced damages, reasonable royalties, and all profits gained as a result of Pinterest’s use of the system.

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