Searchmetrics Files Inter Partes Review (IPR) Petition To The Patent Trial And Appeal Board Against BrightEdge Patents
SAN MATEO, CA – November 13, 2014 – Searchmetrics, the leading global enterprise search experience optimization platform, today announced it has filed IPRs against two BrightEdge patents. An inter partes review (“IPR”) petition is a formal request to the Patent Trial and Appeal Board to determine whether one or more claims in a patent are not patentable because of prior art, which consists of either patents or printed publications that existed before the challenged patent was filed, lack of specificity or because the patent issued is too broad in nature.
BrightEdge has filed suit against Searchmetrics for infringing five patents, Civil Action No. 5:14-cv-01009, BrightEdge Tecnologies vs. Searchmetrics.
“We have looked at all five patents and were astounded that they are completely lacking in innovation. It seems that BrightEdge, which came relatively late to the SEO industry, has merely written down what many companies had already been practicing for years,” said Marcus Tober, Founder and Chief Technology Officer, Searchmetrics. One of the challenged patents (the ‘700 patent) involves “search engine optimization and opportunity identification and forecasting for search engine optimization.” Searchmetrics has challenged 13 of the 20 claims contained in the ‘700 patent.
The other challenged patent (the ‘746 patent) involves “search engine optimization and managing references to an entity on a network including determining share of voice.” Searchmetrics has challenged 17 of the 20 claims contained in the ‘746 patent.
The reason behind Searchmetrics filing two IPRs Tober said, “two of the patents (863 and 089) describe what companies like Google and Adobe do and were doing many years before BrightEdge filed their patents.” It is public knowledge that Searchmetrics doesn’t do this.”
One of the other patents (‘706) is a derivative of the ‘746 patent, so it is most likely invalid if the higher patent is invalid too.
BrightEdge has patented “Share of Voice,” a concept which has been around in the online marketing industry for many years. Other SEO vendors had not used this term before, but had been calculating a similar metric under the name of “seo traffic” or “visibility” for a number of years prior to the patent filings. Tober said, “the way it works is the same, the insight given to the user is the same, all BrightEdge did was change the name. We do not see how this could be considered innovative”.
Likewise BrightEdge’s ‘700 patent claims methods for displaying conversions that were being used by most Analytics vendors in the years prior to the patent filings.