DCT
3:24-cv-00217
DoDots Licensing Solutions LLC v. Apple Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: DoDots Licensing Solutions LLC (Texas)
- Defendant: Apple Inc. (California); Best Buy Stores, L.P., Bestbuy.com, LLC, and Best Buy Texas.com, LLC (collectively "Best Buy")
- Plaintiff’s Counsel: The Mort Law Firm, PLLC
- Case Identification: 6:22-cv-00533, W.D. Tex., 09/12/2022
- Venue Allegations: Plaintiff alleges venue is proper in the Western District of Texas based on Apple's regular and established places of business, including multiple Apple Stores and a corporate campus in Austin. Venue over Best Buy is alleged based on an established place of business in Waco and prior agreements by Best Buy not to challenge venue in the district.
- Core Dispute: Plaintiff alleges that Defendant’s iOS-based devices (including iPhones, iPads, and Apple Watches) and the associated iOS software ecosystem infringe patents related to systems for delivering internet content via browser-independent, widget-like applications.
- Technical Context: The technology relates to early architectural models for "apps" or "widgets" that retrieve and display internet content within their own graphical frames, separate from a traditional web browser, a concept foundational to modern mobile application environments.
- Key Procedural History: The complaint notes that all three patents-in-suit were challenged in inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). In each case, the PTAB found the challenged claims not unpatentable, and these decisions were summarily affirmed by the U.S. Court of Appeals for the Federal Circuit on December 8, 2021. The complaint also alleges that Apple had pre-suit knowledge of the patents-in-suit as early as October 18, 2013.
Case Timeline
| Date | Event |
|---|---|
| 1999-04-26 | Priority Date for ’545, ’083, and ’407 Patents |
| 2007-01-01 | Apple launches its iOS operating system (approximate date) |
| 2011-09-13 | U.S. Patent No. 8,020,083 Issues |
| 2013-08-13 | U.S. Patent No. 8,510,407 Issues |
| 2013-10-18 | Alleged date of Apple’s pre-suit knowledge of patents-in-suit |
| 2016-06-14 | U.S. Patent No. 9,369,545 Issues |
| 2020-09-09 | PTAB issues final written decision finding claims of ’545 Patent not unpatentable |
| 2021-01-05 | PTAB issues final written decision finding claims of ’407 Patent not unpatentable |
| 2021-01-19 | PTAB issues final written decision finding claims of ’083 Patent not unpatentable |
| 2021-12-08 | Federal Circuit affirms PTAB decisions for all three patents-in-suit |
| 2022-09-12 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 9,369,545 - Accessing and Displaying Network Content
- Patent Identification: U.S. Patent No. 9,369,545, titled “Accessing and Displaying Network Content,” issued June 14, 2016 (Compl. ¶42).
- The Invention Explained:
- Problem Addressed: The patent’s background section describes a “growing desire for individual users to fully control the aggregation and presentation of content and web applications,” which was hindered by traditional web browsers that trapped content within a monolithic frame (’545 Patent, col. 1:48-54).
- The Patented Solution: The invention is a method for a client device to obtain and display content without a traditional browser. The device transmits a request for a "networked information monitor template," which defines a graphical user interface (GUI) and specifies a network location for the actual content. The device then uses this template to present the content in a GUI that is separate from any interface containing user controls (like a URL bar) for navigating to that content's source (’545 Patent, Abstract; col. 4:56-67).
- Technical Importance: This method provided a technical framework for self-contained, browser-independent applications that could directly access and display internet content, a precursor to the modern mobile app model (Compl. ¶¶32-33).
- Key Claims at a Glance:
- The complaint asserts independent claim 1 and dependent claims 2, 9-10, 12, and 13 (Compl. ¶¶61, 114).
- Independent Claim 1 recites a computer-implemented method with the following essential steps:
- Transmitting a request for a networked information monitor template.
- Receiving the template, which comprises a definition of a viewer GUI and a definition of a first content element referencing a first network location.
- Presenting the viewer GUI on the client device's display, separate from and outside of any other GUI that includes user controls for specifying the first network location.
- Transmitting a first content request to that first network location.
- Receiving the first content element from that location.
- Presenting the received content element within the viewer GUI, where the template defines all controls for user interaction with that content.
U.S. Patent No. 8,020,083 - System and Methods for Creating and Authoring Internet Content Using Application Media Packages
- Patent Identification: U.S. Patent No. 8,020,083, titled “System and Methods for Creating and Authoring Internet Content Using Application Media Packages,” issued September 13, 2011 (Compl. ¶45).
- The Invention Explained:
- Problem Addressed: The patent background identifies limitations with the then-current model of accessing internet content, where content was "trapped within the frame of the browser," giving users and developers limited control over the presentation and user experience (’083 Patent, col. 1:21-24).
- The Patented Solution: The patent describes a client device that stores "networked information monitor templates" (also called "Application Media Packages"). A template defines a graphical user interface that notably "lacks controls for manually navigating a network" and includes a frame for displaying content retrieved from a specific network location. The device uses processors to access the template and generate the GUI with the requested content inside (’083 Patent, Abstract; col. 4:51-65).
- Technical Importance: This technology provided a system for self-contained, browserless "mini-applications" or "widgets," enabling a more integrated and branded content delivery experience on a user's desktop or mobile device (Compl. ¶¶29, 32).
- Key Claims at a Glance:
- The complaint asserts independent claim 1 as exemplary (Compl. ¶81).
- Independent Claim 1 recites a client device comprising the following essential elements:
- Electronic storage with a "networked information monitor template" stored on it.
- The template itself comprises: a content reference to a network location; a definition of a GUI that "lacks controls for manually navigating a network" and includes a frame for displaying content; and instructions to request and generate the GUI with the content.
- An electronic display.
- One or more processors configured to access the template and present the GUI with its content on the display.
U.S. Patent No. 8,510,407 - Displaying Time-Varying Internet Based Data Using Application Media
- Patent Identification: U.S. Patent No. 8,510,407, titled “Displaying Time-Varying Internet Based Data Using Application Media,” issued August 13, 2013 (Compl. ¶48).
- Technology Synopsis: This patent addresses the display of dynamic, time-varying data (e.g., stock prices). It describes a client device that uses a stored template to define a GUI frame, which lacks user-operable controls for specifying the network location of the data, and then uses its processor to request, receive, and present the time-varying content from a web server within that frame (’407 Patent, Abstract; col. 2:57-67).
- Asserted Claims: Independent claim 1 is asserted (Compl. ¶93).
- Accused Features: The complaint accuses Apple devices of infringing by using Apple-Supported Apps (like the Stocks app) that store a template, use a processor to request time-varying content, and present that content in a dedicated frame separate from a browser (Compl. ¶¶94-104).
III. The Accused Instrumentality
Product Identification
The accused instrumentalities are collectively identified as the "Accused Apple Devices" (e.g., iPhone, iPad, Apple Watch), the "Accused Apple Software" (e.g., iOS, installers, the App Store app), and "Apple-Supported Apps" downloaded from the Apple App Store (Compl. ¶¶55-58).
Functionality and Market Context
The complaint alleges that Apple's devices and software operate as an infringing system. An Accused Apple Device running the Accused Apple Software transmits a request to the Apple App Store for an application package (an ".ipa" file). This ".ipa" file is alleged to be the claimed "networked information monitor template" (Compl. ¶66). The device receives and stores this package, and the Accused Apple Software then executes instructions within it to request content (e.g., stock data) from a separate network location and present that content within the application's graphical user interface, outside of a traditional web browser (Compl. ¶¶67-68, 71, 74). A visual provided in the complaint shows various generations of the accused iPhone devices (Compl. p. 17). The complaint cites Apple’s App Store guidelines, which require apps to offer features and UI beyond a "repackaged website," to support its allegation that Apple controls the nature of these alleged templates (Compl. ¶¶69-70; p. 20).
IV. Analysis of Infringement Allegations
9,369,545 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| transmitting a request to the server over the network, the request requesting networked information monitor template; | The Accused Apple Software sends a request to an App Store server for an application package, which is alleged to be an .ipa file constituting the template. |
¶66 | col. 10:20-24 |
| receiving the requested networked information monitor template from the server over the internet...the template comprising: a definition of a viewer graphical user interface...and a definition of a first content element...referencing a first network location... | The Accused Apple Device receives the .ipa file, which allegedly contains data structures defining the app's GUI and referencing a network location (e.g., a URL) from which content like stock prices will be served. A screenshot shows a stock app displaying content on a device (Compl. p. 22). |
¶¶67-68, 71-72 | col. 8:41-46 |
| presenting the viewer graphical user interface defined by the networked information monitor on the display of the client computing device separate from and outside of any other graphical user interface that includes user controls for specifying the first network location... | The Accused Apple Software presents the app's GUI, which is distinct from a web browser and allegedly lacks a URL bar or other controls for a user to manually input the network address of the content being displayed. | ¶73 | col. 12:28-34 |
| transmitting over the network a first content request to the first network location referenced by the definition of the first content element... | The software, executing instructions from the .ipa file, transmits a request to the network location (e.g., a server for stock market data) specified in the app's resources. An image depicts an app displaying specific stock data for Coca-Cola (Compl. p. 24). |
¶76 | col. 13:16-20 |
| receiving, over the network, the first content element transmitted responsive to the first content request; | The device receives the requested content element, such as a stock price, from the network location over the internet. | ¶77 | col. 6:32-35 |
| presenting the received the first content element in the viewer graphical user interface...wherein the definition of the viewer graphical user interface and/or the first content element define all controls for enabling a user to interact with the first content element... | The Accused Apple Software presents the received content (e.g., stock price) within the app's GUI, which also contains all necessary user controls (e.g., buttons, menus) for interacting with that content. | ¶78 | col. 13:20-24 |
8,020,083 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| electronic storage having stored thereon a plurality of networked information monitor templates defining a plurality of networked information monitors... | Accused Apple Devices have electronic storage (e.g., 64GB/128GB) which stores multiple Apple-Supported Apps, where each app's .ipa file is alleged to be a template. A screenshot shows an iPhone's storage management screen displaying stored apps (Compl. p. 29). |
¶¶83-84 | col. 5:40-42 |
| a content reference that comprises a network location at which content for the first networked information is accessible via a TCP/IP protocol; | The .ipa file for an app (e.g., a stock app) allegedly contains a content reference, such as a URL, pointing to a network location from which data like stock prices can be pulled using TCP/IP. |
¶85 | col. 8:41-46 |
| a definition of a graphical user interface...that lacks controls for manually navigating a network, and that includes a frame within which content received from the network location can be displayed... | The .ipa file for an app defines a GUI that is presented on the screen. This GUI allegedly lacks a browser's URL bar or back/forward buttons for manual navigation. A screenshot shows a stock app's focused interface (Compl. p. 30). |
¶¶86-87 | col. 12:35-43 |
| instructions configured (i) to cause the first networked information monitor to request content from the network location...and (ii) to cause the first networked information monitor to generate the graphical user interface...with the content received... | The .ipa file contains instructions that, when executed, cause the device to request content (e.g., stock data) via TCP/IP and to generate the app's GUI with that content displayed within its frame. |
¶¶88-89 | col. 8:56-63 |
| an electronic display; and | Accused Apple Devices include an electronic display screen (e.g., LCD or OLED). | ¶91 | col. 5:26-29 |
| one or more processors configured to access the first networked information monitor template such that the graphical user interface of the first networked information monitor is presented to a user on the electronic display... | Accused Apple Devices include one or more processors (e.g., Apple's A-series chips) that access the stored .ipa file to execute the app and present its GUI on the device's display. |
¶91 | col. 5:16-24 |
Identified Points of Contention
- Scope Questions: A central dispute may arise over whether a modern, compiled application package (".ipa" file) downloaded from an "App Store" server is equivalent to a "networked information monitor template" as described in the patents, which were filed in the era of simpler, script-based web technologies. Similarly, a question of scope is whether an "App Store" itself constitutes a GUI with "user controls for specifying the...network location" of the content, which could challenge the infringement theory for the '545 patent.
- Technical Questions: It may be contested whether the functionality of modern apps, which can include in-app browsers or hyperlinks to external web content, meets the claim limitation of "lacks controls for manually navigating a network" ('083 Patent, Claim 1(c)). The analysis would question if such features constitute the type of "manual navigation" the patent sought to distinguish itself from, or if that term is limited to a traditional browser's URL bar and navigation buttons.
V. Key Claim Terms for Construction
The Term: "networked information monitor template"
- Context and Importance: This term is the core of the asserted claims. The viability of the infringement case depends on whether an Apple ".ipa" application package, downloaded from the App Store, falls within the scope of this term.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The '083 Patent specification refers to the invention as an "Application Media Package" and a "software component...representing the definition of a client-side mini-application" (’083 Patent, col. 8:22-28). This language may support an interpretation that covers modern, complex app packages.
- Evidence for a Narrower Interpretation: The '083 Patent also describes the template as being supported by a "flat file format," potentially in XML, to enable a "simple file download process" (’083 Patent, col. 4:11-16). This could support a narrower construction limited to simpler, text-based definition files rather than compiled, multi-file application bundles.
The Term: "lacks controls for manually navigating a network"
- Context and Importance: This limitation distinguishes the claimed invention from a conventional web browser. Practitioners may focus on this term because the functionality of modern apps, such as embedded web views or hyperlinks, could be argued to constitute a form of "manual navigation."
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation (of what is "lacked"): The patent's background contrasts the invention with the "full-screen browser," where users view content "page-by-page" ('083 Patent, col. 1:19-24, col. 3:20-28). This suggests the "controls" being lacked are those of a traditional browser, such as a URL address bar and back/forward buttons, not necessarily any ability to follow a link.
- Evidence for a Narrower Interpretation (of what is "lacked"): The term itself is not explicitly defined. A defendant may argue that any user-initiated navigation to different network content within the app's frame, such as clicking a hyperlink, constitutes "manually navigating," and therefore the accused apps do not "lack" such controls.
VI. Other Allegations
Indirect Infringement
The complaint alleges Apple induces infringement by providing the App Store, encouraging developers to create apps, and providing customers with marketing, manuals, and instructions that encourage the use of the Accused Apple Devices and Apple-Supported Apps in an infringing manner (Compl. ¶¶109, 116, 123, 130).
Willful Infringement
The willfulness allegations are based on pre-suit knowledge. Plaintiff alleges that Apple has been aware of the patents-in-suit since at least October 18, 2013, and identifies several former Apple employees by name who were allegedly involved in patent strategy and acquisitions (Compl. ¶¶51-54, 110-111).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "networked information monitor template," which originated in the context of XML definitions and "flat files," be construed to encompass a modern, compiled mobile application package (".ipa" file) delivered through a centralized app store?
- A second key question will be one of functional interpretation: does an application that includes hyperlinks or an in-app browser view still meet the claim limitation that it "lacks controls for manually navigating a network," or is that phrase narrowly limited to the absence of a traditional browser's URL bar and persistent navigation buttons?
- A significant procedural question is the impact of post-grant review: how will the fact that all three asserted patents have survived PTAB challenges, with those decisions affirmed by the Federal Circuit, influence the trajectory of the case, particularly with respect to any invalidity defenses raised by the defendant and the potential for early resolution?