DCT
4:25-cv-05045
Orion Labs Tech LLC v. Talkdesk Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Orion Labs Tech LLC (Washington)
- Defendant: Talkdesk Inc (Delaware)
- Plaintiff’s Counsel: Hatch Law P.C.; Rozier Hardt McDonough PLLC
- Case Identification: 4:25-cv-05045, N.D. Cal., 07/14/2025
- Venue Allegations: Plaintiff alleges venue is proper in the Northern District of California because Defendant has maintained established and regular places of business in the District from which it has committed acts of patent infringement.
- Core Dispute: Plaintiff alleges that Defendant’s customer experience (CX) cloud platform, virtual agent applications, and related products infringe seven patents related to intelligent agents, bots, and automated services in group communication systems.
- Technical Context: The technology at issue involves using automated software agents ("bots" or "intelligent agents") within communication groups to perform tasks such as recording, transcription, translation, and providing other ad-hoc services, primarily in voice-based communication environments.
- Key Procedural History: The complaint does not mention any prior litigation, Inter Partes Review (IPR) proceedings, or licensing history related to the asserted patents.
Case Timeline
| Date | Event |
|---|---|
| 2015-05-27 | Priority Date for ’430, ’003, ’339 Patents |
| 2017-03-27 | Priority Date for ’433, ’636 Patents |
| 2017-10-03 | Priority Date for ’733 Patent |
| 2017-11-06 | Priority Date for ’130 Patent |
| 2018-10-23 | U.S. Patent No. 10,110,430 Issues |
| 2019-10-29 | U.S. Patent No. 10,462,003 Issues |
| 2021-01-19 | U.S. Patent No. 10,897,433 Issues |
| 2021-02-16 | U.S. Patent No. 10,924,339 Issues |
| 2021-03-12 | Date of Talkdesk blog post cited in complaint |
| 2021-09-21 | U.S. Patent No. 11,127,636 Issues |
| 2022-02-22 | U.S. Patent No. 11,258,733 Issues |
| 2022-05-10 | U.S. Patent No. 11,328,130 Issues |
| 2024-10-22 | Last update date for Talkdesk Copilot article |
| 2024-10-31 | Last update date for Autopilot Digital article |
| 2025-07-14 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,110,430 - "Intelligent Agent Features For Wearable Personal Communication Nodes"
The Invention Explained
- Problem Addressed: The patent's background describes the difficulty and distraction users face when interacting with communication devices (like smartphones or tablets) while performing other tasks, particularly in changing or urgent environments. This requires multiple inputs and preferences before communication can occur, distracting the user from the primary task at hand (’430 Patent, col. 1:20-33; Compl. ¶33).
- The Patented Solution: The invention proposes a system where "intelligent agent nodes" can be instantiated on demand as members of a communication group (’430 Patent, col. 1:37-47). These software agents can perform services like recording conversations, auditing communications, and providing voice-based assistance, thereby offloading tasks from the human users and reducing distraction (Compl. ¶¶36-37). Figure 1 of the patent, reproduced in the complaint, illustrates a system where an "agent system" (130) can instantiate an "intelligent agent" (node 106) into a communication group (Group B) alongside human users (nodes 102-104) (Compl. ¶40; ’430 Patent, Fig. 1).
- Technical Importance: The claimed invention provides a method for dynamically adding automated, functional members to a communication group to handle ancillary tasks, which could be critical in high-stakes environments like emergency response where human attention must remain focused (’430 Patent, col. 4:30-44; Compl. ¶¶34, 36).
Key Claims at a Glance
- The complaint asserts independent claims 1, 7, and 15, and reserves the right to assert dependent claims (Compl. ¶¶46, 48, 59).
- Independent Claim 7 is directed to a non-transitory computer readable storage medium with instructions that cause a group communication system to:
- Receive instructions from at least one of the plurality of personal communication member nodes operating as a communication group to instantiate an intelligent agent;
- Instantiate the intelligent agent as a virtual assistant communication member node in the communication group;
- wherein the instantiated intelligent agent is configured to record and audit communications among and between the plurality of personal communication member nodes in the communication group.
U.S. Patent No. 10,462,003 - "Intelligent Agent Features For Wearable Personal Communication Nodes"
The Invention Explained
- Problem Addressed: The ’003 Patent addresses the same technical problems as the ’430 Patent: user distraction when interfacing with communication devices and the unavailability of human personnel with specific skillsets (e.g., transcription, security) to provide ad hoc services to a group on demand (’003 Patent, col. 1:27-41; Compl. ¶¶80-82).
- The Patented Solution: The invention provides a method for managing a communication group where instructions are received to instantiate an intelligent agent and to specify where that agent should be instantiated (e.g., on a specific host node, at a physical location, or on a virtual machine) (’003 Patent, col. 5:48-63; Compl. ¶88). Once instantiated as a "virtual assistant," the agent performs a service for the group members, such as recording, auditing, or transcription (’003 Patent, claim 1, claim 4; Compl. ¶¶93-94). Figure 2 of the patent, reproduced in the complaint, shows an "Intelligent Agent" (230) comprising various functional modules like voice recognition (231), audit (233), and recording (234) (Compl. ¶89; ’003 Patent, Fig. 2).
- Technical Importance: This technology offers more granular control over automated group services by allowing a user or system to specify not just the creation of an agent, but also its operational location, which can have implications for security, latency, and resource management (’003 Patent, col. 5:56-63).
Key Claims at a Glance
- The complaint asserts independent claims 1, 8, and 15, and reserves the right to assert dependent claims (Compl. ¶¶93, 95, 105).
- Independent Claim 1 is directed to a method of managing a communication group, comprising:
- receiving instructions from at least one of the plurality of personal communication member nodes to: instantiate an intelligent agent; and where to instantiate the intelligent agent;
- instantiating the intelligent agent as a virtual assistant communication member node in the communication group; and
- the instantiated intelligent agent performing a service for one or more personal communication member nodes in the communication group.
U.S. Patent No. 10,897,433 - "Bot Group Messaging Using General Voice Libraries"
- Patent Identification: U.S. Patent No. 10,897,433, "Bot Group Messaging Using General Voice Libraries", issued January 19, 2021.
- Technology Synopsis: This patent addresses the need for a new generation of messaging services allowing groups of users to interact with bots (Compl. ¶130). The solution involves a group messaging service that receives a voice message, selects a specific voice library (e.g., speech-to-text engine and natural language unit) to process the audio, converts it into "enhanced text" suited for a bot, sends it to the bot, and relays the bot's reply back to the group members ('433 Patent, claim 1; Compl. ¶146).
- Asserted Claims: Independent claims 1, 10, and 17 (Compl. ¶¶146, 148).
- Accused Features: The TalkDesk CX Cloud and Copilot products are alleged to perform the claimed method of managing audio messaging with bots using voice libraries (Compl. ¶158).
U.S. Patent No. 10,924,339 - "Intelligent Agent Features For Wearable Personal Communication Nodes"
- Patent Identification: U.S. Patent No. 10,924,339, "Intelligent Agent Features For Wearable Personal Communication Nodes", issued February 16, 2021.
- Technology Synopsis: This patent, part of the same family as the ’430 and ’003 patents, is directed to instantiating an intelligent agent within a communication group specifically to transcribe communications. The technical problem is the need for automated transcription services for group communications without relying on human availability (Compl. ¶¶173, 177). The solution is a non-transitory medium with instructions to instantiate a virtual assistant configured to transcribe communications between group members ('339 Patent, claim 8; Compl. ¶188).
- Asserted Claims: Independent claims 1, 8, and 15 (Compl. ¶192).
- Accused Features: The Accused Products are alleged to perform the claimed method of instantiating an intelligent agent for the purpose of transcribing communications within a group (Compl. ¶201).
U.S. Patent No. 11,127,636 - "Bot Group Messaging Using Bot-Specific Voice Libraries"
- Patent Identification: U.S. Patent No. 11,127,636, "Bot Group Messaging Using Bot-Specific Voice Libraries", issued September 21, 2021.
- Technology Synopsis: This patent addresses limitations in prior bot technology by enabling bots to use bot-specific voice libraries (Compl. ¶220). The claimed method involves a group messaging service receiving a message with a bot identifier, searching a data structure to confirm the bot is a group member, accessing a bot entry that indicates a specific voice library for that bot, and using that selected library to process the audio into a format suited for that bot ('636 Patent, claim 1; Compl. ¶242).
- Asserted Claims: Independent claims 1, 10, and 16 (Compl. ¶¶242, 244).
- Accused Features: TalkDesk CX Cloud and Copilot are alleged to perform the claimed method of using bot-specific voice libraries to process audio messages for bots in a group setting (Compl. ¶254).
U.S. Patent No. 11,258,733 - "Transcription Bot For Group Communications"
- Patent Identification: U.S. Patent No. 11,258,733, "Transcription Bot For Group Communications", issued February 22, 2022.
- Technology Synopsis: This patent addresses the problem of inefficiently transcribing and publishing audio from group communication systems to external "destination services" (e.g., collaboration applications) (Compl. ¶¶276-277). The solution is a method where a group communication service receives a transcription request, launches a bot node member, and uses that bot to deliver transcribed content from the group's audio messages to the destination service ('733 Patent, claim 1; Compl. ¶288).
- Asserted Claims: Independent claims 1, 8, and 15 (Compl. ¶¶288, 290).
- Accused Features: TalkDesk CX Cloud, TalkDesk Studio, and Voice IVR products are alleged to perform the claimed method of using a bot to transcribe and deliver group communications to a destination service (Compl. ¶300).
U.S. Patent No. 11,328,130 - "Translational Bot For Group Communication"
- Patent Identification: U.S. Patent No. 11,328,130, "Translational Bot For Group Communication", issued May 10, 2022.
- Technology Synopsis: This patent addresses the challenge of facilitating real-time, multilingual conversations in group communication systems, which often require human translators that can "break down the flow and speed" of conversation (Compl. ¶319). The solution is a method performed at a remote server that receives speech input from a device, determines the language preferences of other devices in the group from an account log, translates the speech, and sends the translated speech to the appropriate devices ('130 Patent, claim 1; Compl. ¶332).
- Asserted Claims: Independent claims 1, 11, and 16 (Compl. ¶¶332, 334).
- Accused Features: TalkDesk CX Cloud and Copilot are alleged to perform the claimed method of providing real-time translation for group communications (Compl. ¶344).
III. The Accused Instrumentality
Product Identification
- The accused instrumentalities are the "TalkDesk CX Cloud, TalkDesk’s Autopilot virtual agent application, TalkDesk’s Copilot virtual agent application, TalkDesk Studio, and TalkDesk’s Voice IVR virtual agent application," along with substantially similar products (collectively, the "Accused Products") (Compl. ¶20).
Functionality and Market Context
- The complaint alleges the Accused Products constitute a customer experience platform that uses "intelligent digital agents" (Compl. ¶20). Talkdesk Autopilot is described as a "conversational assistant" that provides customers with answers on digital channels (Compl. ¶21). Talkdesk Copilot is described as a solution that "transcribes call interactions in real time, using Natural Language Understanding (NLU) and Natural Language Processing (NLP)" to provide recommendations to human agents (Compl. ¶22). Talkdesk Studio is described as a "drag, and drop IVR" solution for managing call flows (Compl. ¶23).
- The complaint alleges Defendant markets these products and instructs customers on their use through various overview and guide documents (Compl. ¶24). To support its venue allegations, the complaint includes a screenshot of Defendant's website contact page, which lists a Virginia office. This screenshot, labeled Figure 1, is presented as evidence of Defendant's physical presence in the district where infringement allegedly occurs (Compl. ¶16, Fig. 1).
IV. Analysis of Infringement Allegations
U.S. Patent No. 10,110,430 Infringement Allegations
| Claim Element (from Independent Claim 7) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A non-transitory computer readable storage medium having a distributed group communications application stored thereon... | The complaint does not provide sufficient detail for analysis of this element. | ||
| Receive instructions from at least one of the plurality of personal communication member nodes operating as a communication group to instantiate an intelligent agent | Defendant's TalkDesk CX Cloud and Autopilot products are alleged to perform a method that includes receiving instructions to instantiate an intelligent agent. | ¶60 | col. 4:5-13 |
| Instantiate the intelligent agent as a virtual assistant communication member node in the communication group | Defendant's products are alleged to instantiate the intelligent agent as a virtual assistant communication member node within a communication group. | ¶60 | col. 4:21-23 |
| wherein the instantiated intelligent agent is configured to record and audit communications among and between the plurality of personal communication member nodes in the communication group | The instantiated intelligent agent in Defendant's products is alleged to record and audit communications among and between the plurality of personal communication member nodes. | ¶60 | col. 4:35-39 |
- Identified Points of Contention:
- Scope Questions: A central question may be whether the "communication group" described in the patent, which is exemplified by teams of firefighters, is analogous to the customer service environment of the Accused Products (Compl. ¶36, '430 Patent col. 4:30-32). The defense may argue that a group of customer service agents and customers interacting via a cloud platform does not constitute the "plurality of personal communication member nodes" contemplated by the patent.
- Technical Questions: The complaint alleges the instantiation of an "intelligent agent." A point of contention may be whether the automated bots in the Talkdesk platform are "instantiated" in the manner required by the claim—specifically, upon receiving instructions from a member node—or if they are pre-configured system components.
U.S. Patent No. 10,462,003 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A method of managing a communication group, wherein the communication group comprises a plurality of personal communication member nodes... | Defendant's Accused Products are alleged to perform a method of managing a communication group comprising a plurality of personal communication member nodes. | ¶106 | col. 3:31-35 |
| receiving instructions from at least one of the plurality of personal communication member nodes to: instantiate an intelligent agent; and where to instantiate the intelligent agent | The alleged method includes receiving instructions from at least one personal communication member node to instantiate an intelligent agent and where to instantiate it. | ¶106 | col. 5:48-51 |
| instantiating the intelligent agent as a virtual assistant communication member node in the communication group | The alleged method includes instantiating the intelligent agent as a virtual assistant communication member node in the communication group. | ¶106 | col. 9:16-19 |
| the instantiated intelligent agent performing a service for one or more personal communication member nodes in the communication group. | The instantiated agent in Defendant's products is alleged to perform a service, such as recording, auditing, transcription, or annotating communications, for the group members. | ¶¶106, 107 | col. 14:1-10 |
- Identified Points of Contention:
- Scope Questions: Similar to the '430 patent, a key dispute may arise over the definition of "communication group" and "personal communication member nodes" in the context of a customer service platform. The patent's focus on wearable devices and ad-hoc groups may be presented as distinct from the server-based, structured environment of the Accused Products.
- Technical Questions: Claim 1 requires receiving instructions on "where to instantiate the intelligent agent." The infringement analysis may turn on what evidence shows that the Accused Products' users or systems provide specific instructions regarding the location (e.g., host node, virtual machine) for the deployment of a bot, as opposed to the system automatically managing resource allocation.
V. Key Claim Terms for Construction
For the ’430 and ’003 Patents:
The Term: "intelligent agent"
- Context and Importance: This term is the core of the invention. Its construction will determine whether the automated bots and conversational assistants in the Talkdesk platform fall within the scope of the claims. Practitioners may focus on this term because the patent describes agents providing services like auditing and security in high-stakes environments, which may differ functionally from customer-service bots.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification states that an intelligent agent can be "virtualized and established... as secure members of a communication group for secure... group node communications (e.g., establishing auditing, secure recording, or secure assistance features)" (’430 Patent, col. 2:21-26). This functional description could be argued to cover any software agent providing automated services to a group.
- Evidence for a Narrower Interpretation: The detailed description repeatedly provides examples of an intelligent agent being instantiated to assist groups like firefighters or law enforcement (Compl. ¶36; ’430 Patent, col. 4:30-32). This context could support an argument that an "intelligent agent" is limited to agents used in similar ad-hoc, mobile, and mission-critical team environments, rather than general-purpose commercial chatbots.
The Term: "virtual assistant communication member node"
- Context and Importance: This term defines the role and status of the "intelligent agent" once it is created. The infringement question will depend on whether Talkdesk's bots are "instantiated...in the communication group" and operate as a "member node," or if they are external services that merely interact with the group.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes the agent as being executed as a "virtual node comprising software or firmware executed by one or more of nodes...or management system" (’430 Patent, col. 5:35-38). This could be read broadly to include any software process that interacts with the group, even if hosted separately.
- Evidence for a Narrower Interpretation: The term "member node" implies a peer relationship with the "personal communication member nodes." Figure 1 of the patents depicts the agent "node 106" as an element within "Group B," on par with user nodes 102-104 (’430 Patent, Fig. 1). This could support a narrower construction requiring the agent to be a functional peer within the group's architecture, not just an external, connected service.
VI. Other Allegations
- Indirect Infringement: The complaint alleges inducement of infringement for all asserted patents. It claims Defendant encourages infringement by providing the Accused Products and distributing instructions, user guides, and promotional materials that allegedly guide end-users to use the products in an infringing manner (e.g., Compl. ¶¶65, 111). Contributory infringement is also alleged on the basis that the Accused Products have special features specifically designed for infringing use with no substantial non-infringing uses (e.g., Compl. ¶¶66, 112).
- Willful Infringement: The complaint alleges willful infringement for all asserted patents. The basis for willfulness is Defendant's alleged knowledge of the patents "at least as of the date when it was notified of the filing of this action" (e.g., Compl. ¶¶67, 113). The complaint further alleges that Defendant has a "policy or practice of not reviewing the patents of others" and has thus been willfully blind to Plaintiff's rights (e.g., Compl. ¶¶68, 114).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can terms like "communication group" and "instantiate an intelligent agent," which are described in the patents with reference to ad-hoc teams and wearable devices, be construed to cover the architecture and operation of a cloud-based customer service platform and its associated conversational bots?
- A second central issue will be one of technical implementation: what evidence will demonstrate that the Accused Products perform the specific, claimed steps of receiving instructions from a user node to instantiate an agent and, for certain patents, specify where that agent should be instantiated, as opposed to the system operating based on pre-configured rules and automated resource management?
- A key evidentiary question will be one of functional distinction: across the seven asserted patents covering recording, transcription, bot-specific voice libraries, and translation, the court will need to determine whether the accused functionalities of Talkdesk's platform perform the specific technical solutions claimed in each patent, or if they represent a general-purpose system that operates in a fundamentally different way than the distinct methods claimed.