DCT

3:13-cv-04134

Unwired Planet LLC v. Apple Inc

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Key Events
Complaint

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 3:13-cv-04134, D. Nev., 09/19/2012
  • Venue Allegations: Plaintiff alleges venue is proper in the District of Nevada because Apple conducts business in the state, places its products into the stream of commerce with the expectation they will be used by consumers in the district, and because a substantial part of the events giving rise to the claims occurred there.
  • Core Dispute: Plaintiff alleges that Defendant’s mobile devices (iPhones, iPads, iPods) and associated services (including the App Store, Siri, Apple Maps, and Push Notifications) infringe ten patents related to wireless device management, location services, secure connections, and user interfaces.
  • Technical Context: The patents relate to foundational technologies developed in the late 1990s and early 2000s for connecting mobile devices to the internet, managing data, and providing enhanced services like secure communication and location-based applications.
  • Key Procedural History: The complaint details the history of Plaintiff's predecessor, Unwired Planet (later Phone.com and Openwave Systems), as a pioneer in the mobile internet space, including its role in developing the Wireless Application Protocol (WAP). It alleges that after building a significant patent portfolio, it was forced out of the product market by infringing competition, leading it to focus on licensing its patents.

Case Timeline

Date Event
1996-09-27 Earliest Priority Date ('594 Patent)
1997-06-27 Earliest Priority Date ('092 and '927 Patents)
1998-05-18 Earliest Priority Date ('831 Patent)
1999-04-09 Earliest Priority Date ('260 Patent)
1999-06-03 Earliest Priority Date ('685 Patent)
1999-06-25 Earliest Priority Date ('790 Patent)
1999-09-17 Earliest Priority Date ('491 Patent)
2000-08-21 Earliest Priority Date ('446 Patent)
2000-12-14 Earliest Priority Date ('033 Patent)
2001-11-13 U.S. Patent No. 6,317,594 Issued
2001-11-13 U.S. Patent No. 6,317,831 Issued
2001-11-20 U.S. Patent No. 6,321,092 Issued
2003-03-11 U.S. Patent No. 6,532,446 Issued
2003-11-11 U.S. Patent No. 6,647,260 Issued
2004-11-02 U.S. Patent No. 6,813,491 Issued
2006-03-28 U.S. Patent No. 7,020,685 Issued
2007-06-19 U.S. Patent No. 7,233,790 Issued
2007-12-18 U.S. Patent No. 7,299,033 Issued
2009-04-21 U.S. Patent No. 7,522,927 Issued
2012-09-19 Complaint Filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 6,317,594 - "System and Method for Providing Data to a Wireless Device upon Detection of Activity of the Device on a Wireless Network" ('594 Patent)

The Invention Explained

  • Problem Addressed: The patent describes a need for a more efficient way to deliver information and applications to wireless devices beyond simple voice service, particularly in a way that can be customized and triggered by the device's status within the wireless network ('594 Patent, col. 5:6-16).
  • The Patented Solution: The invention proposes a system where a wireless network detects "trigger events," such as a device registering on the network, originating a call, or changing location ('594 Patent, Abstract). Upon detecting a trigger, the network sends a message to an external system (like a gateway server), which can then push data or information back to the wireless device ('594 Patent, col. 8:4-14; Fig. 6). This architecture allows applications on a separate enterprise network to interact with mobile devices based on their real-time network activity.
  • Technical Importance: This architecture provides a framework for enabling services that are contextually aware of a mobile device's status, forming a basis for push notifications and location-based services without requiring the device to constantly poll for new information ('594 Patent, col. 5:21-27).

Key Claims at a Glance

  • The complaint does not identify specific asserted claims. Claim 1, an independent method claim, is representative.
  • Essential Elements of Claim 1:
    • A method for providing data to a wireless device in communication with a wireless network.
    • Detecting one or more "event triggers" in the wireless network that indicate activity of the wireless device.
    • The event triggers do not represent a specific request for the data.
    • Creating an "event message" upon detection of the triggers.
    • Sending the event message through a wireless network gateway to an external device coupled to a separate computer network.
  • The complaint reserves the right to assert additional claims (Compl. ¶27).

U.S. Patent No. 6,317,831 - "Method and Apparatus for Establishing a Secure Connection over a One-way Data Path" ('831 Patent)

The Invention Explained

  • Problem Addressed: The patent addresses the challenge of establishing a secure data connection over a "one-way" or "narrowband" channel (like SMS), which cannot support the back-and-forth "handshake" operations required by conventional security protocols ('831 Patent, col. 2:51-59).
  • The Patented Solution: The invention uses a companion "two-way" or "wideband" channel to perform the security handshake, exchanging the necessary cryptographic information ('831 Patent, Abstract; col. 3:29-32). Once the security parameters are established over the two-way channel, a secure session can be initiated, and encrypted data can then be transmitted over the one-way channel ('831 Patent, Fig. 3).
  • Technical Importance: This method allows for secure data transmission on limited or one-way communication paths by offloading the intensive security setup to a more capable, parallel channel, thereby enabling secure applications on networks with heterogenous channel capabilities ('831 Patent, col. 4:59-67).

Key Claims at a Glance

  • The complaint does not identify specific asserted claims. Claim 14, an independent method claim, is representative.
  • Essential Elements of Claim 14:
    • A method for transmitting data in a secure manner from a server to a client.
    • Exchanging security information between the client and server over a "two-way channel."
    • Encrypting data at the server based on the exchanged security information.
    • Transmitting the encrypted data from the server to the client over a "one-way channel," where the two-way channel is a wideband channel and the one-way channel is a narrowband channel.
  • The complaint reserves the right to assert additional claims (Compl. ¶27).

U.S. Patent No. 6,321,092 ('092 Patent) - "Multiple Input Data Management for Wireless Location-based Applications"

  • Technology Synopsis: The patent describes a system for managing and enhancing location information for wireless devices by processing inputs from multiple different Location Finding Equipment (LFE) sources (e.g., GPS, AOA, TDOA). This allows applications to access more accurate and reliable location data by combining information from various technologies ('092 Patent, Abstract).
  • Asserted Claims: One or more claims (Compl. ¶27).
  • Accused Features: Mobile App Systems and/or Services (including iAds, and Location Services including Safari web browser, Apple Maps, Local Search), Servers, and Mobile Devices (Compl. p. 8).

U.S. Patent No. 6,532,446 ('446 Patent) - "Server Based Speech Recognition User Interface for Wireless Devices"

  • Technology Synopsis: The technology involves a remote server performing speech recognition for a mobile device. A voice channel is established, the user speaks, and the server translates the speech into a symbolic data file (text), which is sent back to the device over a separate data channel for use in applications ('446 Patent, Abstract).
  • Asserted Claims: One or more claims (Compl. ¶27).
  • Accused Features: Mobile App Systems and/or Services (including Siri), Servers, and Mobile Devices (Compl. p. 8).

U.S. Patent No. 6,647,260 ('260 Patent) - "Method and System Facilitating Web Based Provisioning of Two-Way Mobile Communications Devices"

  • Technology Synopsis: The patent describes a system for provisioning features and services on a mobile device, initiated by the device itself. The device establishes a secure session with a provisioning server to select features, which are then activated on the device and registered with any associated service servers ('260 Patent, Abstract).
  • Asserted Claims: One or more claims (Compl. ¶27).
  • Accused Features: Mobile App Systems and/or Services (including iTunes, Apple App Store, and Apps), Servers, and Mobile Devices (Compl. p. 8).

U.S. Patent No. 6,813,491 ('491 Patent) - "Method and Apparatus for Adapting Settings of Wireless Communication Devices in Accordance with User Proximity"

  • Technology Synopsis: This invention discloses a method to automatically alter a mobile device's settings based on its motion. A motion sensor detects if the device has been stationary for a period of time, suggesting it is not with the user, and can change settings (e.g., from vibrate to ring) accordingly ('491 Patent, Abstract).
  • Asserted Claims: One or more claims (Compl. ¶27).
  • Accused Features: Mobile Devices (including mobile phones, tablets, and music players with the iOS operating system including iPhones, iPads, and iPods) (Compl. p. 8).

U.S. Patent No. 7,020,685 ('685 Patent) - "Method and Apparatus for Providing Internet Content to SMS-based Wireless Devices"

  • Technology Synopsis: The patent describes a proxy server system for providing internet content to wireless devices that lack a browser. A device sends a keyword via SMS; the proxy server maps the keyword to a URL, retrieves the content, transcodes it into a format suitable for SMS, and sends it back to the device ('685 Patent, Abstract).
  • Asserted Claims: One or more claims (Compl. ¶27).
  • Accused Features: Mobile App Systems and/or Services (including Siri), Servers, and Mobile Devices (Compl. p. 8).

U.S. Patent No. 7,233,790 ('790 Patent) - "Device Capability based Discovery, Packaging and Provisioning of Content for Wireless Mobile Devices"

  • Technology Synopsis: The patent discloses a download manager system that manages the distribution of digital products (e.g., apps, ringtones) to wireless devices. The system maintains different implementations of a product and selects the appropriate one for a user's device based on the device's specific capabilities ('790 Patent, Abstract).
  • Asserted Claims: One or more claims (Compl. ¶27).
  • Accused Features: Mobile App Systems and/or Services (including iTunes, Apple App Store, and Apps), Servers, and Mobile Devices (Compl. p. 8).

U.S. Patent No. 7,299,033 ('033 Patent) - "Domain-based management of distribution of digital content from multiple suppliers to multiple wireless services subscribers"

  • Technology Synopsis: This patent describes a download manager system that organizes subscribers into different "domains" (e.g., by wireless carrier). This allows for domain-specific management of product availability, pricing, and billing, enabling different content catalogs and business rules for different subscriber groups ('033 Patent, Abstract).
  • Asserted Claims: One or more claims (Compl. ¶27).
  • Accused Features: Mobile App Systems and/or Services (including iTunes, Apple App Store, and Apps), Servers, and Mobile Devices (Compl. p. 8).

U.S. Patent No. 7,522,927 ('927 Patent) - "Interface for Wireless Location Information"

  • Technology Synopsis: The technology relates to a standardized interface that allows wireless location-based applications to request location information without needing to know the specifics of the underlying location-finding technology. The system can force a location update or return cached data based on the application's specified requirements for timeliness and accuracy ('927 Patent, p. 11, col. 1-13).
  • Asserted Claims: One or more claims (Compl. ¶27).
  • Accused Features: Mobile App Systems and/or Services (including iAds, Location Services including Safari web browser, Apple Maps, Local Search, Find My iPhone, Find My iPad, and Find My Friends), Servers, and Mobile Devices (Compl. p. 9).

III. The Accused Instrumentality

  • Product Identification: The complaint broadly accuses Apple’s "Mobile App Systems and/or Services" and "Mobile Devices" (Compl. p. 8-9).
  • Functionality and Market Context:
    • The accused instrumentalities encompass a wide range of Apple’s mobile ecosystem. This includes specific services such as the Apple App Store for application distribution, the Apple Push Notification Service (APNS) for sending data to devices, Siri for voice recognition, and various location-based services like Apple Maps and Find My iPhone (Compl. p. 8-9).
    • The accused hardware includes Apple’s mobile phones (iPhones), tablets (iPads), and music players (iPods) that run the iOS operating system and utilize the accused services (Compl. p. 8-9).
    • The complaint frames these products and services as central to the modern mobile technology market, a market which Plaintiff alleges its predecessor, Openwave, helped create (Compl. ¶13-14).

No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

The complaint provides only a high-level table listing the asserted patents and a corresponding broad category of accused Apple products and services (Compl. p. 8-9). It does not contain specific infringement allegations that map elements of any asserted claim to the functionality of an accused product. Therefore, a detailed claim chart summary cannot be constructed from the complaint's allegations.

  • Identified Points of Contention:
    • '594 Patent:
      • Scope Questions: The complaint alleges infringement by services including the Apple Push Notification Service (APNS) (Compl. p. 8). This raises the question of whether the operation of APNS—where a third-party server prompts an Apple server to push a notification to a device—constitutes "detecting... activity of the wireless device on a wireless network" as required by the claims. A central dispute may be whether an external prompt (from a third-party server) qualifies as an "event trigger" originating "in the wireless network" ('594 Patent, col. 25:36-40).
      • Technical Questions: What specific network activities associated with Apple's devices (e.g., registration on a cellular or Wi-Fi network, app launch, background refresh) are alleged to function as the claimed "event triggers"? The complaint does not specify the mechanism of detection.
    • '831 Patent:
      • Scope Questions: The patent claims a method of securing a "one-way" "narrowband" channel by using a "two-way" "wideband" channel for the security handshake ('831 Patent, col. 18:50-67). The dispute will likely focus on how these channel definitions apply to modern, packet-switched network protocols like TCP/IP used by Apple's services. A key question for the court may be whether distinct data flows within a single IP-based session can be legally and technically separated into the claimed "one-way" and "two-way" channels.
      • Technical Questions: Does Apple's architecture for services like APNS or iMessage use a different communication path or protocol for session setup and security negotiation than for the subsequent delivery of notification data? The complaint does not provide evidence on this point.

V. Key Claim Terms for Construction

  • For the '594 Patent:

    • The Term: "event triggers in the wireless network" (Claim 1)
    • Context and Importance: This term is central to the infringement analysis. The definition will determine whether the "trigger" must be an autonomous network event (e.g., a phone powering on and registering) or if it can be an event prompted by an external entity, such as a third-party application server in the APNS architecture. Practitioners may focus on this term because the patent's examples primarily describe network-native events like handoff and registration ('594 Patent, Abstract).
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The specification provides a non-exhaustive list of triggers, stating they include "handoff, origination, status, registration or other activity by the wireless subscriber" ('594 Patent, Abstract), which could suggest the list is merely exemplary.
      • Evidence for a Narrower Interpretation: The detailed description repeatedly frames the invention in the context of the Wireless Intelligent Network (WIN) architecture and IS-41 signaling protocols, where triggers are specific network control messages ('594 Patent, col. 10:48-54). This context may support a narrower construction limited to such network-layer events.

  • For the '831 Patent:

    • The Term: "one-way data channel" (Claim 14)
    • Context and Importance: The viability of the infringement claim depends on whether a specific data flow in Apple's system can be classified as a "one-way data channel." Apple may argue that modern protocols are inherently two-way, even if application-level data flows primarily in one direction. The construction will determine if the term requires a physically or protocol-level one-way path, or if it can describe a logical data flow within a bidirectional session.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The patent states that in some networks, a one-way channel can be provided by a Short Message Service Center (SMSC) and a two-way channel by an Interworking Function (IWF) ('831 Patent, col. 2:61-67). This suggests the channels are distinct services, which could be argued to apply logically even if they share underlying network infrastructure.
      • Evidence for a Narrower Interpretation: The "Background" section contrasts the "one-way channel" with a "two-way data channel" that is required for a "handshake operation" ('831 Patent, col. 2:51-59). This suggests that a "one-way" channel is one that is technically incapable of supporting such an operation, a definition that may not apply to the data paths used by the accused services.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges both induced and contributory infringement. For inducement, it asserts that Apple "specifically intends for its customers and/or users" to infringe and "designed the Accused Products and Services such that they would... infringe" (Compl. ¶28). For contributory infringement, it alleges Apple sells products "especially made or adapted for use in infringing the Asserted Patents and which have no substantial non-infringing uses" (Compl. ¶29).
  • Willful Infringement: The complaint alleges that "Apple has known about each of the Asserted Patents" and has "acted with objective recklessness" (Compl. ¶31). It asserts that Apple lacks a justifiable belief that there is no infringement or that the claims are invalid, seeking enhanced damages.

VII. Analyst’s Conclusion: Key Questions for the Case

This case presents a broad challenge to a significant portion of Apple's mobile ecosystem, based on patents filed during the nascent era of the mobile internet. Given the high-level nature of the complaint, the dispute will likely evolve significantly during claim construction and discovery. The central issues for the court will include:

  • A core issue will be one of technological translation: can claim terms and architectures conceived in the context of legacy wireless networks (e.g., WIN, IS-41, distinct SMS vs. data channels) be construed to read on the functionality of modern, integrated, IP-based systems like iOS and its associated services?
  • A key evidentiary question will be one of technical operation: what are the specific software and network architectures of the accused services (e.g., APNS, Siri, App Store), and do they in fact perform the functions recited in the patent claims? The complaint's broad accusations will require detailed factual discovery to determine whether the accused products create the "event triggers" or utilize the distinct "one-way" and "two-way" channels as claimed.
  • A fundamental question of scope will be whether the asserted patents, which describe specific solutions to problems in early mobile networks, are broad enough to cover the fundamentally different architectures that underpin today's smartphone ecosystem.