Patent Holder Sues Basically Anyone Who Offers Recipes Or 'Meal Planning' Online

from the damn dept

Fri, Jun 15th 2012 11:45am — Mike Masnick

THREsq alerted us to the news of a company named DietGoal, which appears to not exist for any reason other than to sue over patents, and which has sued the TV network Bravo for creating a recipe finder website. The claim is that it violates US Patent 6,585,516 for a "method and system for computerized visual behavior analysis, training, and planning." The patent basically seems to describe an online recipe database in which "the user can use the Picture Menus to choose meals for a particular time period to correspond to a customized eating plan."

I started to look further into the lawsuit, and I realized that Bravo was not the only target of DietGoal. Not by a long shot. Last September, right before the new patent law went into effect making it difficult to bundle defendants, DietGoal sued a ton of sites -- mainly focused on restaurants (including, but not limited to, Arby's, Chick-fil-A, Dairy Queen, Dunkin' Donuts, Jack in the Box, McDonald's, Panda Express, Taco Bell, Sonic, Wendy's, Burger King, Whole Foods, Tim Hortons, Dominos and Starbucks) as well as a few non-restaurants, including Weight Watchers, Google, IAC and Hearst Communications. If you look at the docket on that one, there are a ton of "dismissals" by DietGoal, which likely means that it was successful in getting the companies to pay up. Others do appear to be fighting it and hitting back with counterclaims and questioning the validity of the patent. Some, like Dominos and Wegmans also sought to break apart the case and make DietGoal face each defendant individually in different cases. That case has also bounced around among a few different judges already.

On April 3rd, DietGoals filed an amended complaint in that original case, attempting to add in a huge list of new defendants -- including Bravo and a bunch of others (many of whom we'll discuss in a bit). On May 24th, the magistrate judge denied DietGoal's motion to file that third amended complaint with all those other parties.

That brings us up to this week, in which DietGoal filed a bunch of lawsuits against a variety of companies (those it had tried to lump into this lawsuit) -- with each one being sued individually. So... yes, there's the lawsuit against Bravo, but also suits against AllRecipes.com, CalorieKing, ConAgra (for having a product nutrition search engine on its site -- no, I'm not kidding, check the complaint), General Mills, Nestle, Nutrisystem, Food.com, SparkPeople, Time, Inc. (for RealSimple.com), WebMD and some others as well.

Basically, it looks as though the DietGoal is operating under the premise that anyone who offers recipes online should have to pay it some money. Of course, all of this should make you wonder: was a patent really needed for the sake of encouraging companies to put databases of recipes online?

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: food, patent troll, recipes
Companies: dietgoal

39 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Manabi (profile), 15 Jun 2012 @ 11:56am

Definitely wasn't needed
Of course, all of this should make you wonder: was a patent really needed for the sake of encouraging companies to put databases of recipes online?
Obviously not, or DietGoal wouldn't have anyone to sue. They'd have to be out there working to convince companies to license their patent and actually put recipes online.

Of course that would be harder, and probably not make as much money.
[ link to this | view in thread ]
Lord Binky, 15 Jun 2012 @ 11:56am

I really need to get in on this patent scam stuff. So what if it fails 9/10 times, that one time more than pays for the failures and I'll I have to do is play around on google all day?
[ link to this | view in thread ]
That Anonymous Coward (profile), 15 Jun 2012 @ 11:57am

Does every patent lawsuit name Google just because they hope Google will throw money at them to make them go away?

So from what I see is that someone took an idea that had existed previously, added on a computer and some computer terms and got a patent.

Wouldn't Deal-a-Meal be prior art without a computer UI? It had a cardboard UI and vinyl choice storage.
[ link to this | view in thread ]
Rich Kulawiec, 15 Jun 2012 @ 12:05pm

Prior art?
I wonder if Usenet�s net.recipes (circa 1980) would be an adequate example of prior art?
[ link to this | view in thread ]
Prashanth (profile), 15 Jun 2012 @ 12:27pm

Counterproductive usage
DietGoal, with the patent, has not used it to put up its own recipes online. It has no incentive to do so.
Other companies, without the patent, have put up recipes online. Clearly, there was no need for the patent to incentivize such behavior.
Therefore, as the patent is producing the exact opposite behavior as is intended by both the plaintiff and the defendant, the patent should be invalidated.
Simple.
[ link to this | view in thread ]
Keii (profile), 15 Jun 2012 @ 12:37pm

This is tooootally different from looking at a menu.
This is looking at a menu...on the internet! See? Completely different.
[ link to this | view in thread ]
Rikuo (profile), 15 Jun 2012 @ 12:38pm

Put this into the lawbooks.

Before you can sue for patent infringement, you need to have a product or service in the marketplace that that patent covers. You also need to have attempted to succeed in that marketplace (no getting a patent, deliberately throwing out some garbage products, then suing), said attempt to be deliberated by accredited third parties.
Without that, you can't sue.
[ link to this | view in thread ]
:Lobo Santo (profile), 15 Jun 2012 @ 12:41pm

Re:
As a good cynical skeptic, I must point out this would be well thought out and logical, therefore it will not occur.
[ link to this | view in thread ]
Anonymous Coward With A Unique Writing Style, 15 Jun 2012 @ 12:46pm

Re: Re:
I concur. (Regarding this being well thought out and logical and therefore not going to happen.)

And I've had the same thought regarding patents as Rikuo just put forth.
[ link to this | view in thread ]
Rikuo (profile), 15 Jun 2012 @ 12:47pm

Re: Re:
Sad but true.
[ link to this | view in thread ]
Anonymous Coward, 15 Jun 2012 @ 12:57pm

Perhaps people should peruse DietFit LLC's website before jumping the gun and assuming that this scenario involves merely a patent for which there is no associated practicing entity.

There is usually much more to stories like this than merely filing patent applications in the hope of winning the lottery.
[ link to this | view in thread ]
Anonymous Coward, 15 Jun 2012 @ 12:58pm

had there not have been so many 'big bully' type companies that tried to bring so many law suits against so many other companies, particularly ones that had great difficulty in defending themselves, maybe these ones wouldn't be in the frame for being sued and maybe the plaintive wouldn't be so keen to sue. the easier something is made allowable and available, the easier something else will take advantage and then use it
[ link to this | view in thread ]
Forest_GS (profile), 15 Jun 2012 @ 12:59pm

Patent cases should consider whether or not publishing of the patent would be at least 50% of the cause the idea is being used by the defendants. Otherwise there's no reason for the government to support them as a monopoly.
[ link to this | view in thread ]
Anonymous Coward, 15 Jun 2012 @ 1:02pm

I'm going to patent the color green. And any green I see no matter what shade I will sue! $$$$$$$$$$
[ link to this | view in thread ]
That Anonymous Coward (profile), 15 Jun 2012 @ 1:05pm

Re:
IT BURNS!!!! IT BURNS!!!!!!!
Its a little painful to look at.

While they are offering a diet menu planning thing, how they think other sites just offering recipes or nutritional information about their products is stealing their idea seems to be a stretch.
We show pictures of food, they show pictures of food... TOTALLY STOLE MY IDEA!
[ link to this | view in thread ]
ch'kody (profile), 15 Jun 2012 @ 1:33pm

This reminds me of...
The current system of patents reminds me of cells and how a virus could be created to infect the mechanics of the system to basically destroy the host. The pain indeed.
[ link to this | view in thread ]
Anonymous Coward, 15 Jun 2012 @ 1:44pm

Re:
Better idea...

Just mail out an invoice for "Patent Licensing fee - Patent # XXXXX". It still only works at about the same rate, but once they've paid it's a slam dunk if you ever do need to sue. Also saves you the costs of suing minus some scary looking letterhead, envelope and a stamp.

Even the stamp is cheaper since you'd most likely be sending enough to qualify for bulk rate....
[ link to this | view in thread ]
Anonymous Coward, 15 Jun 2012 @ 1:46pm

A quick google search shows that, at very least, webmd had nutrition recommendations / menus in 2000, and allrecipes was up and running in 1999. Given that the patent was filled in 2002, it seems like it should be simple to have the patent revoked as obvious given the prior art, though the price of doing that may outweigh the cost of settling quickly.
[ link to this | view in thread ]
Mike Masnick (profile), 15 Jun 2012 @ 1:54pm

Re:
Before you can sue for patent infringement, you need to have a product or service in the marketplace that that patent covers.

While I understand this argument, I'm not convinced it really makes sense. If we believe that a patent really is necessary for disclosing how something is done, then what of, say, a university that patents something and wants to commercialize it by licensing the patent? Under your system, they're stuck unless they also build the product itself.

There can be, in theory, a reasonable role for someone to license the patent to someone who can build it.
[ link to this | view in thread ]
Mike Masnick (profile), 15 Jun 2012 @ 1:56pm

Re:
Perhaps people should peruse DietFit LLC's website before jumping the gun and assuming that this scenario involves merely a patent for which there is no associated practicing entity.

DietFit LLC and DietGoal do not appear to be the same entities. It's possible that DietFit is just a licensee.

That said, are you REALLY arguing that this patent is valid?
[ link to this | view in thread ]
Anonymous Coward, 15 Jun 2012 @ 2:05pm

Re: Re:
And what would stop patent trolls from making a a few of the product, and then just keeping it in a warehouse while suing others.
[ link to this | view in thread ]
That One Guy (profile), 15 Jun 2012 @ 2:07pm

Re:
Nah, that'll never work, a judge would take one look at that patent and declare it ridiculous. Now if you changed it to 'the color green on the internet', then you might be on to something.
[ link to this | view in thread ]
Atkray (profile), 15 Jun 2012 @ 2:31pm

Re: Re:
Include clicking.
[ link to this | view in thread ]
Andrew (profile), 15 Jun 2012 @ 2:33pm

Can we build an infringing site in the comments section?
How many claims does one of these sites have to infringe upon for there to be a valid claim? While I'm not an expert at reading patents, nearly all of the claims discuss a system using Picture Menus, which several of these sites don't have. (They do use pictures, but not as part of the selection process, which appears to be based on freeform text and filters.)

Would it be sufficient to infringe, say, just claim 2?

2. A system of computerized meal planning, comprising:

a User Interface;
a Database of food objects; and
a Meal Builder, which displays on the User Interface meals from the Database, and wherein a user can change content of said meals and view the resulting meals' impact on customized eating goals.

i.e. any website with a meal database, except for eating goals bit (which most of the defendants don't seem to offer either)

While I'm struggling to find anything in the patent that wouldn't be obvious to someone skilled in the art (in this case, presumably a web developer who eats food), some of the other claims do at least discuss dietary planning and advice to meet weight loss goals,* but I can't see anything on the Bravo site or some others that offer this.

Would I really infringe a patent by putting a few recipes into a database, adding some HTML with a search form and using this query?

SELECT * FROM recipes WHERE meal="lunch" AND consideration="low carb" AND name LIKE "%steak%";

* Though not in any particularly useful way so as to tell anyone how they actually do this.
[ link to this | view in thread ]
Sark, 15 Jun 2012 @ 3:05pm

Shortsighted, greedy bastards thinking only of themselves and their short-term financial gain.

What they ought to be doing is talking to ICE and DOJ about using the same sort of convoluted logic they used to seize the likes of Dajaz or Megaupload to shut these sites down completely.

Imagine the audacity of companies like Nestle or Bravo thinking they can just steal someone's idea to compete in the marketplace.
[ link to this | view in thread ]
Anonymous Coward, 15 Jun 2012 @ 3:27pm

Re: Re:
The head of DietFit is the named inventor, Oliver Alabaster, of this and at least two other related patents. He is an MD who specializes in oncology and diet/health issues, and is a professor at George Washington University Medical Center in DC.

DietGoal is one of a series of LLCs (which appear to be driven by IP) having common principals, Daniel Mitry and Timothy Salmon. Since DietGoal is relying upon Dr. Alabaster's patents, there is obviously some unspecified relationship between the three of them.

And, no, I am not arguing that the patent is valid. The presumption of validity is not, of course, the same as a judicial declaration of validity.
[ link to this | view in thread ]
Alessar (profile), 15 Jun 2012 @ 3:28pm

Re: Definitely wasn't needed
We need a special office of "This patent was stupid and should never been issued" that has the power to simply void these bullshit things.
[ link to this | view in thread ]
Anonymous Coward, 15 Jun 2012 @ 3:30pm

Re: Can we build an infringing site in the comments section?
One need infringe only one claim of a patent to be deemed an infringer.
[ link to this | view in thread ]
Anonymous Monkey (profile), 15 Jun 2012 @ 7:05pm

Gotta say it....
I can Haz Cheezburgr?
[ link to this | view in thread ]
That One Guy (profile), 15 Jun 2012 @ 10:45pm

Re: Gotta say it....
Only if you don't take a picture of it and post it online.
[ link to this | view in thread ]
JEDIDIAH, 18 Jun 2012 @ 6:59am

More patented homework assignments.
I dunno. It seems like you're making one big rambling appeal to authority by listing a bunch of people's credentials in fields that aren't really related to the patent.

This is a basic programming problem. You could employ a "database" to solve it (or not). It's the fodder for University homework assignments and basic programs printed out in 80s computer magazines.
[ link to this | view in thread ]
JEDIDIAH, 18 Jun 2012 @ 7:04am

A mahogany mouse trap
There were applications of this kind for Windows prior to the web. The concept is not new and it's not hard to replicate.

This is a wonderful example of something that's simple enough for some college CS students to replicate given no information beyond the description of the "invention". It's the kind of thing that should get laughed out of the PTO.
[ link to this | view in thread ]
Junk 14850, 14 Feb 2013 @ 12:07pm

What's internet got to do with it?
Many comments abovce refer to web implementations. Is there something in the patent that specifies that it applies to internet/web apps only? If not, you can certainly go back to the 90's, perhaps the 80's or earlier to find apps that perform the described functions, thus establishing prior art.
[ link to this | view in thread ]
#1Ranchcookie, 18 Mar 2013 @ 4:07pm

Recipe programs
I was using a recipe program: Master Cook or something like that in the 80s. I think there are definite problems with them having a patent. I also remember taking my daughter to a dietician at an HMO and she could look up diet and recipes that she provided to us.

If the patent was provided in 2002 than it had lots of priors that should have kept it from being issued.
[ link to this | view in thread ]
I hate desperate people, 17 Nov 2014 @ 5:54am

I hate desperate losers
Your a loser dude if your siding with these low life's there just like this fat lady who came by my work and tried to sue my work cuz it was wheel chair accessible bcuz she's to dam fat we find out she's been doing this for a living and she can walk lol how desperate do you gotta be to just get money off of other peoples work probably a group of wanna b lawyers who couldn't win a real case so they look for loop holes in the system I hate you assholes why don't you guys just go somewhere and die
[ link to this | view in thread ]
James, 9 Feb 2019 @ 8:52pm

Wegamans is my favorite place to get all my food related to stuff. I have been visiting it from since my childhood. Their services are pretty awesome.

Thanks.
James
https://mywegmansconnect.onl/
[ link to this | view in thread ]
wells, 20 Jul 2019 @ 12:04am

Why panda express restaurant giving free meals to the customers?

Because of panda express fast food restaurant conducting an online feedback survey to the customers to know about their restaurant and to improve their services. That's why they are giving free meals to the customers who are participated in the latest panda express feedback survey. You can visit this official panda express survey website and take the survey https://pandaexpressfeedbacks.com/
[ link to this | view in thread ]
Anonymous Coward, 7 Jul 2020 @ 4:15am

This is sad news but we can improvise. BTW, thanks for the information.

https://mykfcexperienced.com/

https://jcpkiosk.net
[ link to this | view in thread ]
david (profile), 25 Aug 2020 @ 5:27am

Pandaexpress feedback program is an excellent place to get free meals. https://Pandaexpresscomfeedbackss.Com is giving a platform for its customers to leave their feedback about the restaurant. Complete the survey within the valid period of receipt to get confirmed free meal coupons.
[ link to this | view in thread ]