Implicit, LLC v. Salesforce.com, LLC

On April 4, 2022, Implicit, LLC (“Implicit” or “Plaintiff”), represented by James M. Lennon and Timothy Devlin of Devlin Law Firm LLC, filed an intellectual property lawsuit against Salesforce.com, LLC (“Salesforce” or “Defendant”), seeking injunctive relief and damages, among other relief, for Defendant’s alleged infringement of Plaintiff’s United States Patents. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding. 

The Plaintiff filed this complaint for the alleged infringement of United States Patent No. 7,774,740 (“the ’740 patent”); United States Patent No. 7,774,740 (“the ’740 patent”); United States Patent No. d 6,976,248 (“the ’248 patent”), collectively referred as “the patents”. 

In their complaint, Plaintiff claimed, “The patent resulted from the pioneering efforts of Mr. Edward Balassanian (hereinafter ‘the Inventor’) in the area of server architecture. These efforts resulted in the development of a method and apparatus for a server architecture that allows client computers to request and execute applets in 1998.”

Plaintiff also claimed, “Because of these significant advantages that can be achieved through the use of the patented invention, Implicit believes that the patents presents significant commercial value for companies like Salesforce.”

Plaintiff alleged, “Accordingly, the claims in the patents recite a combination of elements sufficient to ensure that the claim in substance and in practice amounts to significantly more than a patent ineligible abstract idea.”

Plaintiff also alleged, “Upon information and belief, Salesforce has and continues to directly infringe one or more claims of the ’740 patent by selling, offering to sell, making, using, and/or providing and causing to be used products, specifically its Salesforce products implementing Node.js, which by way of example include the Salesforce.com platform.”

Plaintiff then alleged, “Upon information and belief, Salesforce has and continues to directly infringe one or more claims of the ’075 patent by selling, offering to sell, making, using, and/or providing and causing to be used products, specifically its Salesforce products implementing Node.js, which by way of example include the Salesforce.com platform.”

Plaintiff further alleged, “Upon information and belief, the Accused Instrumentalities perform a method for delivering one or more applets to one or more client computers. Exemplary infringement analysis showing infringement of claim 1 of the ’075 patent is set forth in Exhibit E.”

Plaintiff finally alleged, “Upon information and belief, Salesforce has and continues to directly infringe one or more claims of the ’248 patent by selling, offering to sell, making, using, and/or providing and causing to be used products, specifically its Salesforce products implementing Node.js, which by way of example include the Salesforce.com platform.”

There are three claims for relief laid down by Plaintiff. The first claim alleged is for the alleged infringement of U.S. Patent No. 7,774,740. The second claim alleged is for the alleged infringement of the U.S. Patent No. 8,056,07. The third claim alleged is for the alleged infringement of U.S. Patent No. 6,976,248. 

In their prayer for relief, Plaintiff has requested the Court for injunctive reliefs and damages, along with reasonable attorneys’ fees and any other relief the Court deems just and proper.

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