DCT

5:23-cv-00437

Mullen Industries LLC v. Apple Inc

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Key Events
Complaint

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 6:22-cv-00145, W.D. Tex., 02/09/2022
  • Venue Allegations: Plaintiff alleges venue is proper in the Western District of Texas because Apple maintains regular and established places of business in the district, employs thousands of individuals there, and has committed acts of infringement in the district.
  • Core Dispute: Plaintiff alleges that Defendant’s mobile devices (iPhones, iPads, Apple Watches), iPod touch devices, and the iCloud server system infringe nine U.S. patents related to location-based services, access-control security measures, and remote notifications for mobile devices.
  • Technical Context: The technology at issue involves systems for remotely locating mobile devices, managing user permissions for location access through a server, and providing notifications of phone events to a separate wearable device.
  • Key Procedural History: The complaint alleges that Apple had pre-suit knowledge of the patented technology, citing instances where the U.S. Patent Office cited several of the asserted patents or their relatives against Apple's own patent applications in 2011 and where Apple itself cited three of the asserted patents in a 2019 patent application.

Case Timeline

Date Event
2002-03-25 Earliest Priority Date for ’024, ’117, ’418, ’218, ’039, ’540, ’283, ’575 Patents
2003-03-14 Earliest Priority Date for ’633 Patent
2011-06-22 U.S. Patent Office cites a Mullen publication against an Apple patent application
2013-02-12 ’575 Patent Issued
2015-12-01 ’283 Patent Issued
2017-04-25 ’540 Patent Issued
2019-02-26 Apple cites ’575, ’283, and ’540 Patents in a patent application
2021-08-17 ’039 Patent Issued
2021-08-31 ’218 Patent Issued
2021-09-14 ’418 Patent Issued
2021-11-30 ’633 Patent Issued
2022-01-25 ’117 Patent Issued
2022-02-08 ’024 Patent Issued
2022-02-09 Complaint Filing Date

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

U.S. Patent No. 11,234,117 - "Systems and Methods for Locating Cellular Phones and Security Measures for the Same"

  • Issued: January 25, 2022.

The Invention Explained

  • Problem Addressed: The patent’s background section describes that while GPS systems have been integrated into cellular phones, the location data they provide is "only minimally utilized" (’117 Patent, col. 1:29-34).
  • The Patented Solution: The invention provides a system for one user to locate another user's cellular phone based on access rights granted by the second user (Compl. ¶4; ’117 Patent, col. 1:40-44). These rights can be granular, allowing a user to filter the location information provided to others (e.g., exact location, city, or country) and can be stored and managed on a remote system or database (’117 Patent, col. 2:4-7, 5:11-25).
  • Technical Importance: The technology provides a framework for permission-based location sharing between mobile devices, a foundational concept for modern social mapping and device-finding applications (Compl. ¶¶6-8).

Key Claims at a Glance

  • The complaint asserts independent claims 1, 15, 29, 42, and 73 (Compl. ¶45).
  • Independent Claim 1 recites essential elements including:
    • A wireless telephone with a processor, positioning system, and memory.
    • Programming capable of providing the device's location to a remote server.
    • Programming capable of instructing the remote server to change a list of users on the server that are allowed to access the location.
    • Programming capable of receiving and displaying directional information to one of the other wireless telephones.
  • The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 11,190,633 - "Systems and Methods for Providing Remote Incoming Call Notification for Cellular Phones"

  • Issued: November 30, 2021.

The Invention Explained

  • Problem Addressed: The patent’s background notes that traditional call notifications like audible rings or tactile vibrations originate from the phone itself and can be missed if the phone is in a location with "audible dampening effects," such as a purse (’633 Patent, col. 1:32-35).
  • The Patented Solution: The invention is a system including a separate device, such as a watch, that receives wireless signals from a mobile phone corresponding to different events (e.g., incoming call, missed call) (’633 Patent, col. 8:53-64). The watch includes motion sensing and provides different user-perceivable notifications (e.g., visual, audio, haptic) that are dependent on the specific signal received, allowing the user to be discreetly alerted even when the phone is not physically accessible (Compl. ¶¶66, 69).
  • Technical Importance: This technology describes the core functionality of a smartwatch that acts as a remote notifier for a paired smartphone (Compl. ¶64).

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 (Compl. ¶64).
  • Independent Claim 1 recites essential elements including:
    • A watch with a watch band, a second watch band, and a buckle.
    • A device operable to receive first and second different wireless communication signals associated with first and second different events from a mobile telephonic device.
    • A battery and motion sensing operable to distinguish between a plurality of different types of motion.
    • The device is operable to provide a first user-perceivable notification signal that is dependent on the first communication signal, and a second user-perceivable notification signal that is dependent on the second communication signal.
  • The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 11,122,418 - "Systems and Methods for Locating Cellular Phones and Security Measures for the Same"

  • Issued: September 14, 2021 (Compl. ¶30).

Technology Synopsis

This patent, from the same family as the '117 Patent, describes a system where a first wireless device provides its location to a remote system. A second wireless device can request this location, and if permission is stored on the remote system, the location is provided to the second device along with a map (Compl. ¶¶81-84).

Asserted Claims

At least independent claim 1 (Compl. ¶79).

Accused Features

Apple’s Find My, Find My Friends, and Maps applications on iPhones, iPads, Watches, and iPod touch devices, which allegedly allow a user to request and view the location of another user's device on a map display (Compl. ¶¶79-84).

U.S. Patent No. 11,109,218 - "Systems and Methods for Locating Cellular Phones and Security Measures for the Same"

  • Issued: August 31, 2021 (Compl. ¶31).

Technology Synopsis

This patent describes a system where a wireless telephonic device requests access to a first location of another wireless device. In response, the requesting device provides a display screen with a map from its own perspective, showing indicia for the other device's location, the user's location, distance, a compass, and travel time (Compl. ¶¶94-95). A redacted screenshot in the complaint shows a map with a friend's location, address, distance, and travel time (Compl. p. 36).

Asserted Claims

At least independent claim 11 (Compl. ¶92).

Accused Features

Apple's Find My or Find My Friends applications on iPhones and iPads, which allegedly display a map with a compass, location markers, address, distance, and travel time after a user requests another's location (Compl. ¶¶94-95).

U.S. Patent No. 11,096,039 - "Systems and Methods for Locating Cellular Phones and Security Measures for the Same"

  • Issued: August 17, 2021 (Compl. ¶32).

Technology Synopsis

This patent claims a remote system that identifies a user via a manually entered login and password from a wireless device. The system then records the device's location and can provide location-based event notifications (e.g., when a user arrives at or leaves a location) based on pre-selected criteria and access rights (Compl. ¶¶103-105).

Asserted Claims

At least independent claim 1 (Compl. ¶102).

Accused Features

The Apple iCloud server system, which allegedly receives a user's Apple ID and password, stores device location history, and provides location-based notifications (e.g., "Notify Me when [friend] Arrives") through the Find My service (Compl. ¶¶103-106).

U.S. Patent No. 9,635,540 - "Systems and Methods for Locating Cellular Phones and Security Measures for the Same"

  • Issued: April 25, 2017 (Compl. ¶33).

Technology Synopsis

This patent describes a method of mobile-to-mobile locating where a second wireless device requests the location of a first device from a remote server. The method includes steps for determining if the requesting device has access rights and, if not, prompting it to request those rights from the first device (Compl. ¶¶114-115).

Asserted Claims

At least independent claim 1 (Compl. ¶113).

Accused Features

The processes performed by Apple's iCloud server system in conjunction with the Find My application, which allegedly manage and prompt for location access rights between users (Compl. ¶¶112, 115).

U.S. Patent No. 9,204,283 - "Systems and Methods for Locating Cellular Phones and Security Measures for the Same"

  • Issued: December 1, 2015 (Compl. ¶34).

Technology Synopsis

This patent describes a process where a first device displays a plurality of users, receives a manual selection of one user, receives a login and password, and uses this information to determine whether to allow access to the selected user's location information based on pre-existing access rights (Compl. ¶¶125-128).

Asserted Claims

At least independent claims 1, 8, and 15 (Compl. ¶124).

Accused Features

Processes performed by Apple's iCloud server in conjunction with the "People" list in the Find My application, which requires an Apple ID and password to authenticate a user before transmitting location data of other users (Compl. ¶¶125-130).

U.S. Patent No. 8,374,575 - "Systems and Methods for Locating Cellular Phones and Security Measures for the Same"

  • Issued: February 12, 2013 (Compl. ¶35).

Technology Synopsis

This patent claims a process of obtaining a first wireless telephone's location, changing a list of users on a remote server who are allowed to access that location at the direction of the first telephone, transmitting the location to a user on that list, and providing directional information (Compl. ¶¶138-142).

Asserted Claims

At least independent claims 1, 13, 30, and 38 (Compl. ¶137).

Accused Features

Location-based service processes performed by Apple's iCloud server system, which allegedly obtains device locations, allows users to modify sharing permissions, and provides directions via Apple Maps (Compl. ¶¶137-142).

U.S. Patent No. 11,246,024 - "Systems and Methods for Locating Cellular Phones and Security Measures for the Same"

  • Issued: February 8, 2022 (Compl. ¶36).

Technology Synopsis

This patent claims a remote system comprising a server that communicates with wireless telephones. The system is capable of obtaining a phone's location, changing a list of users allowed to access that location at the phone's direction, and transmitting the location and directional information to an authorized user on the list (Compl. ¶¶150-156).

Asserted Claims

At least independent claims 1, 24, and 45 (Compl. ¶149).

Accused Features

The Apple iCloud server system, which provides location-based services like Find My to Apple devices (Compl. ¶¶148-149).

III. The Accused Instrumentality

Product Identification

  • The accused instrumentalities are Apple's iPhones (iPhone 6 through 13 series), iPads (various models), Apple Watches (Series 3 through 7), iPod touch devices (5th through 7th generation), and the Apple iCloud server system (Compl. ¶¶42-44, 63, 75-78, 90-91, 101, 148). The complaint collectively refers to these as the Accused Products or Accused Processes.

Functionality and Market Context

  • The complaint targets the functionality of Apple's "Find My" service (which combined previous "Find My Friends" and "Find My iPhone" apps) and Apple Maps (Compl. ¶53). This service allows a user to see the location of their own devices and the location of friends or family who have granted permission (Compl. ¶54). The system enables users to manage these permissions, for example by adding or removing individuals who can view their location (Compl. ¶55). The complaint includes a screenshot from Apple's website showing the Find My application displaying friends' locations on a map (Compl. p. 17). The complaint also accuses the Apple Watch's ability to receive notifications for events like incoming calls, missed calls, and messages from a paired iPhone, and to provide visual, audio, and haptic alerts for these events (Compl. ¶¶66, 69).

IV. Analysis of Infringement Allegations

11,234,117 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
A wireless telephone, said wireless telephone comprising: a processor... a positioning system... and memory storing programming... The accused iPhones, iPads, and Watches are wireless telephones that each contain a processor (e.g., A15 Bionic chip), a positioning system (e.g., GPS), and memory. ¶46-52 col. 5:20-25
said programming capable of providing a location of said wireless telephone to a remote server... The accused products, when programmed with the Find My application, are capable of providing their location to Apple's iCloud server. ¶54 col. 5:11-20
said programming capable of instructing said remote server to change a list of users on said remote server for a profile associated with said device that are allowed to access said location... The Find My application includes options to add or remove individuals who can access the device's location, which allegedly instructs the iCloud server to change the list of authorized users. A screenshot shows a "Share My Location" option. ¶55-56 col. 4:21-33
wherein each user of said list of users is representative of one of a plurality of wireless telephones... The users who are granted access to a device's location are associated with their own wireless telephones (e.g., another iPhone, iPad, or Watch). ¶55 col. 5:58-65
said programming capable of receiving and displaying directional information to one of said plurality of wireless telephones... The Find My and Apple Maps applications are capable of displaying the locations of friends and, upon selection, displaying directions from the user's device to the selected friend's device. A screenshot shows a map with a "Directions" button. ¶57, p. 22 col. 7:1-21

11,190,633 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
A watch for use with a mobile telephonic device that provides notification of an incoming call, said watch comprising: a watch band, a second watch band, and a buckle... The accused Apple Watch is a watch for use with an iPhone that notifies the user of incoming calls and includes watch bands and buckles. ¶64-65 col. 8:53-56
a device operable to receive first wireless communication signals associated with a first event and second wireless communication signals associated with a second event from said mobile telephonic device, wherein said first event and second event are different... The Apple Watch is operable to receive wireless signals from a paired iPhone for different notification events, such as an incoming call, a missed call, a voicemail, or a text message. A screenshot shows notifications for an incoming call, a missed call, and a voicemail. ¶66, p. 25 col. 8:57-64
a battery... Each Apple Watch includes a battery. ¶67 col. 9:40-41
motion sensing operable to distinguish between a plurality of different types of motion... Each Apple Watch includes an accelerometer and gyroscope to distinguish between types of motion, and AssistiveTouch sensing to convert hand gestures into commands. ¶68 col. 10:55-60
said device is operable to provide first user-perceivable notification signals that are dependent upon said received first communication signals, and said device is operable to provide second user perceivable notification signals that are dependent upon said second communication signals. Each Apple Watch provides various user-perceivable visual, audio, and haptic notifications that correspond to the different notification signals received from the user's iPhone. ¶69 col. 9:1-7

Identified Points of Contention

  • Scope Questions: A primary question may be whether the term "list of users on said remote server" from the '117 Patent can be construed to cover the architecture of Apple's modern iCloud system. The defense may argue that Apple's system uses a more complex, distributed permissioning scheme than the simple "list" described in the 2002-priority patent. Another question relates to the '633 Patent's "motion sensing" limitation; the dispute may center on whether the general motion detection in an Apple Watch for fitness or screen activation performs the specific claimed function of "distinguishing between a plurality of different types of motion" in the context of call notifications.
  • Technical Questions: A key technical question for the '117 Patent will be what evidence shows that the on-device "Find My" app directly "instructs" the iCloud server to "change a list," as opposed to participating in a more complex authentication and key-exchange protocol that achieves a similar result through different technical means. For the '633 Patent, a question will be whether the Apple Watch actually provides different notifications based on different signals for different events as claimed, or if it uses a single, generalized notification pathway for all alerts from the phone, with the differentiation happening only at the user interface level.

V. Key Claim Terms for Construction

  • For U.S. Patent No. 11,234,117:

    • The Term: "instructing said remote server to change a list of users on said remote server"
    • Context and Importance: This term is central to the infringement theory. The case may turn on whether the user's action in the "Find My" app constitutes "instructing" a "remote server" to "change a list" as those terms would have been understood in 2002. Practitioners may focus on this term because Apple could argue its modern, secure, and distributed iCloud architecture does not operate in this specific manner, potentially creating a non-infringement argument based on claim construction.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The specification describes that "a user may update, add, manipulate, or remove access at any time by doing so at this database," which suggests a general concept of user-directed permission changes managed by a server (’117 Patent, col. 5:17-20).
      • Evidence for a Narrower Interpretation: The patent's description of a "remote database" that keeps "a record of those people allowed to access that user's location" could be argued to imply a specific, server-side data structure akin to a literal list, which might be narrower than Apple's implementation (’117 Patent, col. 5:12-15).

  • For U.S. Patent No. 11,190,633:

    • The Term: "motion sensing operable to distinguish between a plurality of different types of motion"
    • Context and Importance: The meaning of this term is critical for infringement. The complaint points to general motion sensors like accelerometers as well as specific features like AssistiveTouch hand gestures (Compl. ¶68). The dispute may focus on whether the claim requires merely having sensors capable of detecting different motions, or if it requires that this motion-distinguishing capability be actively used in the process of providing notifications.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The patent lacks a specific definition, which could support an argument that the term should be given its plain and ordinary meaning, encompassing any sensor technology that can tell the difference between, for example, a user's gesture and the device being stationary.
      • Evidence for a Narrower Interpretation: The specification discusses using sensors to distinguish "ambient motion" from a "vibrating cell-phone motion" (’633 Patent, col. 5:18-24). A defendant could argue this context limits the "types of motion" to distinguishing a phone's vibration from other movements, a function potentially different from what the Apple Watch performs.

VI. Other Allegations

  • Indirect Infringement: The complaint does not contain separate counts for indirect or contributory infringement. However, the infringement allegations for each patent are supported by citations to Apple's own support websites and user guides, which allegedly instruct users on how to use the accused features (e.g., Compl. ¶¶46-57 footnotes). These facts may be used to support a later claim of induced infringement.
  • Willful Infringement: The complaint alleges that Apple had knowledge of the asserted technology portfolio since at least June 22, 2011, when the USPTO cited a related Mullen patent publication against an Apple patent application (Compl. ¶11). It further alleges Apple itself cited three of the asserted patents in a 2019 patent application, nearly three years before the suit was filed (Compl. ¶10). The prayer for relief requests a finding of an exceptional case under 35 U.S.C. § 285 (Prayer ¶D).

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

  • A core issue will be one of temporal scope and claim construction: can the architecture for managing location-sharing permissions, as described and claimed in a patent family with a 2002 priority date, be construed to read on the technical implementation of Apple's modern, complex, and highly secure iCloud and Find My ecosystem?
  • A second key issue will be one of operational correspondence: for the smartwatch-related patent, does the Apple Watch's generalized system for relaying multiple types of notifications from a phone perform the specific, multi-part functions required by the claims—particularly the requirement to provide different notifications that are dependent upon different received wireless signals and to distinguish between different types of motion—or is there a fundamental mismatch in technical operation?
  • A significant factual question will be pre-suit knowledge and willfulness: given the complaint’s specific allegations that Apple and the USPTO both cited the asserted patent families during the prosecution of Apple's own patents years before the lawsuit, the question of whether any potential infringement was willful will likely be a central and highly contested element of the case.