DCT
3:23-cv-01187
Smith Interface Tech LLC v. Apple Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Smith Interface Technologies, LLC (Texas)
- Defendant: Apple Inc. (California)
- Plaintiff’s Counsel: Norton Rose Fulbright US LLP
- Case Identification: 3:23-cv-01187, S.D. Cal., 03/19/2024
- Venue Allegations: Venue is alleged to be proper in the Southern District of California because Apple is a California corporation, has committed alleged acts of infringement in the district, and maintains a regular and established place of business, including multiple Apple Stores and significant corporate and R&D facilities.
- Core Dispute: Plaintiff alleges that Defendant’s smartphones, tablets, and smartwatches running iOS, iPadOS, and watchOS infringe ten patents related to advanced mobile user interface technologies, including gesture controls, haptic feedback, and methods for navigating layered interfaces.
- Technical Context: The technology addresses user interface challenges on mobile devices, where powerful computing capabilities must be managed on small, touch-sensitive screens with limited real estate.
- Key Procedural History: The complaint alleges Defendant had pre-suit knowledge of the asserted patents through several channels. These include citing patents from the "Smith Patent Family" over 350 times in the prosecution of its own patents and, notably, receiving and responding to a subpoena in prior litigation between Plaintiff and Samsung Electronics, which concerned several of the same patents-in-suit. These allegations form the basis of the willful infringement claims.
Case Timeline
| Date | Event |
|---|---|
| 2011-08-05 | Earliest Priority Date for all Asserted Patents |
| 2013-09-18 | Apple releases iOS 7 |
| 2019-09-19 | Apple releases iOS 13 with Core Haptics |
| 2020-05-05 | U.S. Patent No. 10,642,413 Issues |
| 2020-05-12 | U.S. Patent No. 10,649,578 Issues |
| 2020-05-12 | U.S. Patent No. 10,649,580 Issues |
| 2020-05-19 | U.S. Patent No. 10,656,754 Issues |
| 2020-05-19 | U.S. Patent No. 10,656,755 Issues |
| 2020-05-19 | U.S. Patent No. 10,656,758 Issues |
| 2020-06-02 | U.S. Patent No. 10,671,212 Issues |
| 2020-07-28 | U.S. Patent No. 10,725,581 Issues |
| 2021-03-02 | U.S. Patent No. 10,936,114 Issues |
| 2022-07-29 | Plaintiff files suit against Samsung Electronics |
| 2023-03-10 | Samsung serves subpoena on Apple in related litigation |
| 2023-03-24 | Apple serves its response to Samsung's subpoena |
| 2023-08-29 | U.S. Patent No. 11,740,727 Issues |
| 2024-03-19 | Third Amended Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,642,413 - “Gesture-equipped touch screen system, method, and computer program product”
Issued May 5, 2020
The Invention Explained
- Problem Addressed: The patent addresses the need for new user interface techniques for mobile devices that have powerful processors but are constrained by small displays with limited screen real estate, making traditional desktop interaction models unsuitable (Compl. ¶18).
- The Patented Solution: The invention provides a method for invoking menus on a touch screen by detecting a gesture that begins at an edge of the display and moves inward. In response, a menu slides into view, and the underlying graphical user interface is blurred, with the magnitude of the blur potentially increasing as the gesture progresses. The system can then perform different operations based on the duration of a user's contact with items in that menu (’413 Patent, Abstract; col. 2:1-12).
- Technical Importance: This approach provides a method for accessing off-screen content and controls without permanently occupying valuable screen space, a key interaction paradigm for modern mobile operating systems (Compl. ¶19).
Key Claims at a Glance
- The complaint asserts independent claim 50 (Compl. ¶90).
- Essential elements of claim 50 include:
- Detecting a first gesture that begins at a first edge of a display and moves inward.
- In response, displaying a first menu sliding in, which includes one or more menu items.
- Blurring at least a portion of the underlying graphical user interface, where the magnitude of the blurring increases as a function of the magnitude of the gesture.
- Detecting a duration of contact on a menu item.
- Performing a first operation if the duration does not surpass a threshold, and a second operation if it does.
- Detecting a second gesture from a second edge of the display and, in response, displaying a second menu.
- Detecting a selection contact on a second menu item and performing a third operation.
- The complaint reserves the right to assert additional claims (Compl. ¶99).
U.S. Patent No. 10,649,578 - “Gesture-equipped touch screen system, method, and computer program product”
Issued May 12, 2020
The Invention Explained
- Problem Addressed: The invention addresses the challenge of navigating between a home screen and various applications on a mobile device with a small screen (Compl. ¶18).
- The Patented Solution: The patent describes an electronic device that responds differently to distinct inputs. A first input on an application icon launches the application. A second input, involving movement across the display within the application, can either return the user to the home screen or, if the movement meets certain criteria (e.g., exceeds a threshold), display the application's interface in a "first virtual display layer" that appears to have a "lesser depth" than a "second virtual display layer." This creates a layered, three-dimensional effect for application switching or multitasking (’578 Patent, Abstract; col. 2:4-18).
- Technical Importance: This method provides a fluid and intuitive way for users to manage and switch between multiple open applications, a foundational element of modern mobile operating systems (Compl. ¶19).
Key Claims at a Glance
- The complaint asserts independent claim 1 (Compl. ¶113).
- Essential elements of claim 1 include:
- Displaying a home screen with an application icon.
- Detecting a first input on the icon and, in response, replacing the home screen with the application's user interface.
- Detecting a second input (a contact with movement) within the application's user interface.
- If the second input meets criteria (e.g., exceeds a movement threshold), displaying the application's UI in a "first virtual display layer" that appears at a "lesser depth" compared to a "second virtual display layer."
- If the second input does not meet the criteria, replacing the application's UI with the home screen.
- The complaint reserves the right to assert additional claims (Compl. ¶122).
Multi-Patent Capsule: U.S. Patent No. 10,649,580
- Patent Identification: U.S. Patent No. 10,649,580, "Devices, methods, and graphical use interfaces for manipulating user interface objects with visual and/or haptic feedback," Issued May 12, 2020 (Compl. ¶23).
- Technology Synopsis: The invention relates to a user interface, particularly for a camera application, that displays a first "virtual display layer" with content (e.g., the camera view). In response to a touch surpassing a threshold, a second, translucent "virtual display layer" containing markings (e.g., a zoom ruler) is displayed over the first. A touch and drag on these markings performs a zoom operation on the content of the first layer without zooming the markings in the second layer (’580 Patent, Abstract).
- Asserted Claims: Independent claim 22 (Compl. ¶134).
- Accused Features: The complaint accuses the camera application in Apple's iOS of infringing, specifically the feature where a translucent zoom ruler appears over the camera image, allowing a user to adjust the zoom level by sliding a finger along the ruler (Compl. ¶¶64-68, 143-150).
Multi-Patent Capsule: U.S. Patent No. 10,656,754
- Patent Identification: U.S. Patent No. 10,656,754, "Devices and methods for navigating between user interfaces," Issued May 19, 2020 (Compl. ¶24).
- Technology Synopsis: The invention describes an apparatus that detects a gesture on a touch screen displaying multiple objects. During the gesture but before its completion, the device blurs at least a portion of one of the other objects. The amount of blur is based on a change in the magnitude of the gesture being detected (’754 Patent, Abstract).
- Asserted Claims: Independent claim 2 (Compl. ¶156).
- Accused Features: The complaint accuses the iOS "Today View" or Notification Center, where a user's swipe from an edge of the screen causes the background home screen icons to blur as the new view slides over them (Compl. ¶¶165-169).
Multi-Patent Capsule: U.S. Patent No. 10,656,755
- Patent Identification: U.S. Patent No. 10,656,755, "Gesture-equipped touch screen system, method, and computer program product," Issued May 19, 2020 (Compl. ¶25).
- Technology Synopsis: The invention relates to a user interface that responds to a touch on its background. If the touch has a magnitude above a threshold, the appearance of the background dynamically changes (e.g., by displaying a sequence of images) without changing the appearance of foreground objects. The dynamic change is based on the magnitude of the contact (’755 Patent, Abstract).
- Asserted Claims: Independent claim 1 (Compl. ¶175).
- Accused Features: The complaint accuses Apple's "Live Photos" feature, where a firm press (a touch with magnitude) on a still photo causes the photo (the background) to animate into a short video, while foreground UI elements (e.g., share/edit icons) remain static (Compl. ¶¶184-187).
Multi-Patent Capsule: U.S. Patent No. 10,656,758
- Patent Identification: U.S. Patent No. 10,656,758, "Gesture-equipped touch screen system, method, and computer program product," Issued May 19, 2020 (Compl. ¶26).
- Technology Synopsis: The invention describes a system that evaluates the duration of a single-finger touch on an application icon. If the duration is below a first threshold, the application is launched. If it is above the first threshold, a menu of action options is displayed without launching the app. If the duration is above a second, greater threshold, an operation like moving the icon is enabled (’758 Patent, Abstract).
- Asserted Claims: Independent claim 1 (Compl. ¶193).
- Accused Features: The complaint accuses the "Quick Actions" or "Haptic Touch" feature in iOS, where a brief tap on an app icon launches it, a longer press reveals a contextual menu (e.g., "Compose" for Mail), and an even longer press allows the icon to be moved or deleted (Compl. ¶¶69-74, 202-211).
Multi-Patent Capsule: U.S. Patent No. 10,671,212
- Patent Identification: U.S. Patent No. 10,671,212, "Gesture-equipped touch screen system, method, and computer program product," Issued June 2, 2020 (Compl. ¶27).
- Technology Synopsis: The invention describes a system that responds differently to touches of varying durations on an application icon ("indicia"). A touch of a first duration that ceases performs one operation (e.g., launch). A touch of a second, different duration provides haptic feedback and displays a menu of actions. A subsequent touch on a menu item performs that action (’212 Patent, Abstract).
- Asserted Claims: Independent claim 1 (Compl. ¶217).
- Accused Features: The complaint again accuses the "Quick Actions" or "Haptic Touch" feature in iOS, which distinguishes between a short tap and a longer press to provide haptic feedback and a contextual menu (Compl. ¶¶226-233).
Multi-Patent Capsule: U.S. Patent No. 10,725,581
- Patent Identification: U.S. Patent No. 10,725,581, "Devices, methods and graphical user interfaces for manipulating user interface objects with visual and/or haptic feedback," Issued July 28, 2020 (Compl. ¶28).
- Technology Synopsis: The invention relates to interactions with hyperlinks in a web browser. It distinguishes between touch durations: a short touch is ignored, a medium-duration touch navigates to the linked page, and a long-duration touch provides haptic feedback and displays a menu of options (e.g., open in new tab) along with a preview of the linked page (’581 Patent, Abstract).
- Asserted Claims: Independent claim 1 (Compl. ¶239).
- Accused Features: The complaint accuses the Safari web browser in iOS, where a long press on a hyperlink provides a haptic pop and displays a preview of the linked page along with a menu of options like "Open in New Tab" (Compl. ¶¶248-255).
Multi-Patent Capsule: U.S. Patent No. 10,936,114
- Patent Identification: U.S. Patent No. 10,936,114, "Gesture-equipped touch screen system, method, and computer program product," Issued March 2, 2021 (Compl. ¶29).
- Technology Synopsis: The invention describes an apparatus that performs different functions based on touch "states." It also performs a "scale operation" on an interface object where the size reduction is inversely related to the duration of the gesture on the object. This appears to describe a "press and hold" gesture where an object shrinks as the user holds their finger on it (’114 Patent, Abstract).
- Asserted Claims: Independent claim 27 (Compl. ¶261).
- Accused Features: The complaint accuses the Apple Watch, where a long press on the watch face (the "object") causes it to shrink to indicate that it can be edited or customized (Compl. ¶¶270-276).
Multi-Patent Capsule: U.S. Patent No. 11,740,727
- Patent Identification: U.S. Patent No. 11,740,727, "Devices, methods and graphical user interfaces for manipulating user interface objects with visual and/or haptic feedback," Issued August 29, 2023 (Compl. ¶30).
- Technology Synopsis: The invention describes a device that detects a gesture and, before the gesture is complete, blurs a portion of another object on the screen. The magnitude of the blur is increased as a function of the distance magnitude of the gesture, which is used to move the primary object (’727 Patent, Abstract).
- Asserted Claims: Independent claim 1 (Compl. ¶282).
- Accused Features: The complaint accuses the iOS home screen multitasking or app switching gesture, where swiping an app up to close it causes the background (the home screen wallpaper and other icons) to blur (Compl. ¶¶290-293).
III. The Accused Instrumentality
Product Identification
- Apple’s iPhones, iPads, iPod Touch, Apple Watch, and Apple Watch SE that run Apple's iOS, iPadOS, and watchOS operating systems (collectively, the "Accused Products") (Compl. ¶31).
Functionality and Market Context
- The complaint describes the Accused Products as featuring advanced, gesture-based user interfaces that are central to their user experience and market appeal (Compl. ¶32). Specific accused functionalities include the iOS home screen, Notification Center, Control Center, the "Today View" widget screen, the camera application's zoom controls, the "Quick Actions" or "Haptic Touch" feature for app icons, the "Live Photos" feature, multitasking/app switching views, and link previews in the Safari web browser (Compl. ¶¶33-36, 64-74, 100-107, 123-128). The complaint provides screenshots from an Apple iPhone showing the "Today View," where widgets are displayed over a blurred home screen background (Compl. p. 39, ¶104).
IV. Analysis of Infringement Allegations
10,642,413 Patent Infringement Allegations
| Claim Element (from Independent Claim 50) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| detecting... a first gesture that begins in connection with a first edge of the display and moves inward | The iOS operating system detects when a user swipes inward from the left edge of the home screen. | ¶102 | col. 2:4-6 |
| in response... displaying... a first menu as sliding in and including one or more first menu items, and blurring at least a portion of the graphical user interface | In response to the left-edge swipe, iOS slides in the "Today View" screen, which contains various widgets (menu items), and simultaneously blurs the home screen icons in the background. The complaint provides a sequence of three screenshots showing the home screen blurring as the "Today View" slides in (Compl. p. 39, ¶104). | ¶103-104 | col. 2:6-9 |
| such that a magnitude of the blurring of the at least portion of the graphical user interface increases as a function of an increase in a magnitude of the first gesture being detected | The complaint alleges that as the user's swipe progresses further across the screen (an increase in gesture magnitude), the degree of blur applied to the home screen background increases. | ¶103 | col. 2:9-12 |
| detecting... a first duration of contact on at least one of the one or more first menu items... performing a first operation, and... performing a second operation | The iOS operating system on the Accused Products is designed to perform a first operation (e.g., opening an app) in response to a short tap on a widget and a second operation (e.g., opening an edit menu) in response to a long press. | ¶104 | col. 2:1-4 |
| detecting... a second gesture that begins in connection with a second edge of the display and moves inward... displaying... a second menu | The iOS operating system detects a swipe inward from the right edge of the display to reveal the "App Library," which is alleged to be a second menu. The complaint depicts this gesture in a screenshot showing a red arrow originating from the right edge (Compl. p. 41, ¶105). | ¶105-106 | col. 2:13-24 |
- Identified Points of Contention:
- Scope Questions: A central question may be whether UI elements like the iOS "Today View" (a collection of interactive widgets) or the "App Library" (a screen of app icons) fall within the scope of the term "menu" as it is used and defined in the ’413 Patent. The analysis could also focus on whether the iOS blur effect is functionally related to the "magnitude of the first gesture" in the specific manner required by the claim.
- Technical Questions: A factual question may be what evidence exists that iOS performs distinct first and second operations based on touch duration on a "Today View" widget, as opposed to each widget having its own predefined single-tap behavior.
10,649,578 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| displaying a home screen on the display, the home screen including an icon associated with an application | The Accused Products display a home screen with a plurality of application icons. | ¶123 | col. 2:4-6 |
| detecting a first input by a first contact on the icon; in response... replacing the home screen with a user interface of the application | A user tapping an application icon (e.g., the Mail app icon) is detected, causing the device to launch the Mail application and display its user interface. | ¶124-125 | col. 2:6-10 |
| while displaying the user interface of the application, detecting a second input by a second contact that includes movement across the display in a direction | While in an application like Mail, the device detects a user swiping up from the bottom edge of the display. This is depicted in a screenshot with a red arrow indicating the upward swipe (Compl. p. 51, ¶126). | ¶126 | col. 2:10-12 |
| in response to detecting the second input and in accordance with a determination that the second input meets one or more criteria that is met when the second input is detected to include a movement parameter that is above a movement threshold | The complaint alleges that the swipe gesture for accessing the multitasking view must meet certain criteria, such as distance or velocity, to be distinguished from an in-app scroll. | ¶127 | col. 2:13-16 |
| displaying at least a portion of the user interface of the application in a first virtual display layer that appears at a lesser depth as compared to a second virtual display layer | In response to the swipe, the application's UI shrinks into a card-like view that appears to float above the blurred home screen, which is alleged to be the second virtual display layer. This creates the multitasking or app switching interface. | ¶127 | col. 2:16-18 |
| in response to detecting the second input and in accordance with a determination that the second input does not meet the one or more criteria... replacing the user interface of the application with the home screen | If a swipe from the bottom of the screen is too short or does not meet the criteria, the device returns the user to the home screen instead of entering the multitasking view. | ¶128 | col. 2:9-13 |
- Identified Points of Contention:
- Scope Questions: The dispute may turn on the construction of "first virtual display layer that appears at a lesser depth as compared to a second virtual display layer." The patent's specification discusses 3D layered interfaces, and the question will be whether the visual metaphor of a shrinking, floating app card in the iOS multitasking view meets this technical description.
- Technical Questions: A key question for the court will be whether the accused iOS multitasking gesture functionally distinguishes between inputs that meet a "movement threshold" and those that do not, in order to trigger different outcomes (multitasking view vs. return to home screen) as required by the claim's alternative clauses.
V. Key Claim Terms for Construction
'413 Patent, Claim 50
- The Term: "menu"
- Context and Importance: The infringement theory for the ’413 Patent hinges on construing iOS features like the "Today View" and "App Library" as a "menu." Defendant may argue these are distinct UI paradigms (e.g., a widget container or an app launcher) and not a "menu" in the conventional sense. The definition of this term is therefore critical to determining infringement.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes a menu that slides in and includes "one or more first menu items" which can be "application icons" (’413 Patent, col. 97:13-16). This may support a construction where any slide-in screen containing selectable icons, like the App Library, constitutes a "menu."
- Evidence for a Narrower Interpretation: The patent frequently discusses menus in the context of specific application operations (e.g., a contextual menu for an application) (’413 Patent, col. 96:1-5). Figure 23 explicitly shows a "second menu including a plurality of second menu items." This could support a narrower construction tied to lists of commands or options rather than a full-screen widget or app environment.
'578 Patent, Claim 1
- The Term: "a first virtual display layer that appears at a lesser depth as compared to a second virtual display layer"
- Context and Importance: This term is central to the claim, as it describes the visual effect of the multitasking interface. The infringement reading depends on mapping this "lesser depth" language to the animation in iOS where an app window shrinks and appears to recede over the home screen. Practitioners may focus on this term because its construction will determine whether a 2D interface that uses visual metaphors for depth infringes a claim rooted in layered UI concepts.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent family specification describes 3D layered user interfaces where depth is an "apparent depth" that can be enhanced with cues like "shadows" or "a depth-based fog" (’413 Patent, col. 69:34-53). This suggests the patent contemplates visual metaphors for depth, which could support Plaintiff's argument that the iOS animation creates the claimed appearance of depth.
- Evidence for a Narrower Interpretation: The specification also describes embodiments where the layers are physically separate in a layered display device or are part of a more formal 3D user interface with a "phase space" (’413 Patent, col. 68:6-14; col. 71:20-25). This could support an argument that the term requires a more technically defined layered structure than what is present in the accused iOS multitasking view.
VI. Other Allegations
- Indirect Infringement: The complaint alleges Apple induces infringement by providing user manuals, online guides, and software development kits that instruct and encourage end-users and developers to use the accused features (e.g., Haptic Touch, multitasking gestures) in an infringing manner (Compl. ¶¶93, 116). Contributory infringement is alleged on the basis that the Accused Products are especially made to practice the inventions and are not staple articles of commerce suitable for substantial non-infringing use (Compl. ¶¶94, 117).
- Willful Infringement: Willfulness is alleged based on both pre-suit and post-suit knowledge. Pre-suit knowledge is primarily based on Apple's alleged awareness of the "Smith Patent Family" from citing them repeatedly during its own patent prosecutions and from its investigation and response to a subpoena in the Smith v. Samsung litigation, which involved several of the asserted patents (Compl. ¶¶37-63). Post-suit willfulness is based on continued sales after the filing of the original complaint in this matter (Compl. ¶¶97, 120).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can terms rooted in specific UI concepts from the 2011 priority date, such as "menu" and "virtual display layer... at a lesser depth," be construed to cover the visually complex and metaphor-driven UI paradigms of modern iOS, like the widget-based "Today View" and the fluid app-switching animation?
- A second central issue will be the question of pre-suit knowledge and willfulness. The case will likely turn on detailed factual discovery into what Apple's engineers and attorneys knew about the Smith patents as a result of their own patent prosecution efforts and, critically, what specific analysis was performed in response to the subpoena in the Samsung litigation.