LG Electronics Mobilecomm USA Inc v. Cypress Lake Software Inc

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: LG Electronics MobileComm U.S.A., Inc. (California)
  • Defendant: Cypress Lake Software, Inc. (Delaware)
  • Plaintiff’s Counsel: Ashby & Geddes; Finnegan, Henderson, Farabow, Garrett & Dunner LLP
• Case Identification: 1:18-cv-00806, D. Del., 05/29/2018
• Venue Allegations: Venue is alleged as proper in the District of Delaware on the basis that Defendant Cypress Lake Software, Inc. is a Delaware corporation.
• Core Dispute: Plaintiff seeks a declaratory judgment that its Android-based smartphone and tablet products do not infringe thirteen patents asserted by Defendant in a related litigation against another LG entity.
• Technical Context: The patents relate to foundational aspects of modern graphical user interfaces, including the coordination of multiple media streams and methods for navigating between different application windows on a single device.
• Key Procedural History: This declaratory judgment action arises from a prior lawsuit filed by Cypress against LG Electronics U.S.A., Inc. on August 11, 2017, which asserted infringement of the same patents. The complaint notes that Cypress’s infringement allegations in the prior case were allegedly vague and deficient, prompting motions to dismiss. Plaintiff LGEMU, as the party responsible for U.S. sales and importation of the accused products, filed this action asserting a reasonable apprehension of being sued.

Case Timeline

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

U.S. Patent No. 8,422,858 (the ’858 Patent), "Methods, Systems, and Computer Program Products for Coordinating Playing of Media Streams," issued April 16, 2013.

The Invention Explained

• Problem Addressed: The patent’s background section describes the common problem of multiple applications attempting to play media streams (e.g., audio, video) on a device simultaneously, resulting in an "unpleasant listening experience" and situations where videos continue to play in obscured or minimized windows (’858 Patent, col. 1:8-28).
• The Patented Solution: The invention proposes a coordination system based on "presentation focus." A central component determines which application has the user's focus and is therefore allowed to play its media stream on a presentation device like a screen or speaker. When a media player without focus attempts to play a stream, the system indicates that it is not allowed to do so, preventing the conflicting playback (’858 Patent, Abstract; col. 2:3-8).
• Technical Importance: This approach provided a systematic way to manage resource contention for output devices in multitasking environments, improving the user experience by preventing unintended and overlapping media playback.

Key Claims at a Glance

• The complaint identifies independent claim 14 as asserted by Cypress in the related litigation (Compl. ¶14).
• Claim 14 is a non-transitory computer-readable medium claim with instructions for:
  • detecting a first media player access to a first presentation device to play a first media stream;
  • accessing first presentation focus information;
  • determining, based on the information, that the first media player does not have first presentation focus;
  • indicating, in response, that the first media player is not allowed to play the first media stream;
  • detecting a change in the first presentation focus information;
  • determining, based on the change, that the first media player now has first presentation focus; and
  • indicating, in response, that the first media player is allowed to play the first media stream.

U.S. Patent No. 8,661,361 (the ’361 Patent), "Methods, Systems, and Computer Program Products for Navigating Between Visual Components," issued February 25, 2014.

The Invention Explained

• Problem Addressed: The patent addresses the issue of "Cluttered desktops" on computing devices, where navigating between different applications requires using a standard, fixed user interface element like a taskbar, which can be inefficient and inconvenient (’361 Patent, col. 1:8-14).
• The Patented Solution: The invention describes a system for presenting a navigation control (e.g., a menu or toolbar) in a "navigation region" that is determined based on the location of the currently active application's visual component. This context-sensitive control allows a user to navigate to a visual component of a different running application, aiming to reduce the input overhead associated with application switching (’361 Patent, Abstract; col. 2:38-52).
• Technical Importance: This technology describes a method for creating more dynamic and context-aware user interfaces for multitasking, potentially improving workflow efficiency by placing navigation options closer to the user's point of interaction.

Key Claims at a Glance

• The complaint identifies independent claim 199 as asserted by Cypress in the related litigation (Compl. ¶18).
• Claim 199 is a computer program product claim with code for:
  • detecting a first visual component of a first application in a first application region of a presentation space;
  • presenting a first navigation control in a first navigation region determined based on the first application region;
  • said navigation control being for navigating to a second visual component of a second application in a second application region;
  • wherein the first navigation region is determined based on a location of at least one of the first visual component, a parent visual component of the first visual component, and a child visual component of the first visual component.

U.S. Patent No. 8,781,299 (’299 Patent), "Methods, Systems, and Computer Program Products for Coordinating Playing of Media Streams," issued July 15, 2014.

• Technology Synopsis: This patent is related to the ’858 Patent and further describes coordinating media playback. It addresses scenarios involving multiple presentation devices (e.g., a phone screen and an external monitor), using "presentation focus information" to determine whether a media player is allowed to play a stream on one, both, or neither of the devices (Compl. ¶22; ’299 Patent, Abstract).
• Asserted Claims: Claim 1 (Compl. ¶22).
• Accused Features: The complaint makes a general allegation against the "Accused LG Products" (Compl. ¶22).

U.S. Patent No. 8,787,731 (’731 Patent), "Methods, Systems, and Computer Program Products for Coordinating Playing of Media Streams," issued July 22, 2014.

• Technology Synopsis: Similar to the ’858 and ’299 patents, this invention concerns the use of "presentation focus" to manage media playback. It describes indicating that a media player is allowed to play a media stream via a presentation device if that media player has the designated presentation focus (Compl. ¶26; ’731 Patent, Abstract).
• Asserted Claims: Claim 1 (Compl. ¶26).
• Accused Features: The complaint makes a general allegation against the "Accused LG Products" (Compl. ¶26).

U.S. Patent No. 8,902,054 (’054 Patent), "Methods, Systems, and Computer Program Products for Managing Operation of a Portable Electronic Device," issued December 2, 2014.

• Technology Synopsis: This patent describes a system for managing the operation of a portable electronic device by a vehicle operator. It involves receiving vehicle and device information, detecting that the vehicle operator is also the user of the portable device, and sending operation information to prevent the device from performing a specific function, presumably for safety reasons (Compl. ¶30; ’054 Patent, Abstract).
• Asserted Claims: Claim 1 (Compl. ¶30).
• Accused Features: The complaint makes a general allegation against the "Accused LG Products" (Compl. ¶30).

U.S. Patent No. 8,983,264 (’264 Patent), "Methods, Systems, and Computer Program Products for Coordinating Playing of Media Streams," issued March 17, 2015.

• Technology Synopsis: This patent is also in the family of the ’858 patent, focusing on coordinating media stream playback. It describes a system that indicates a media stream is allowed to be presented on a device if that device is to be utilized for presentation based on "presentation focus information" (Compl. ¶34; ’264 Patent, Abstract).
• Asserted Claims: Claim 61 (Compl. ¶34).
• Accused Features: The complaint makes a general allegation against the "Accused LG Products" (Compl. ¶34).

U.S. Patent No. 9,195,765 (’765 Patent), "Method and Apparatus for Presenting Content," issued November 24, 2015.

• Technology Synopsis: This patent describes a method for providing content to a user by using sensor data (e.g., from a GPS, heart rate monitor) to determine a "trigger event." Upon detecting a trigger event, the system determines associated content and causes it to be presented to the user (Compl. ¶38; ’765 Patent, Abstract).
• Asserted Claims: Claim 1 (Compl. ¶38).
• Accused Features: The complaint makes a general allegation against the "Accused LG Products" (Compl. ¶38).

U.S. Patent No. 9,423,923 (’923 Patent), "Navigation Methods, Systems, and Computer Program Products," issued August 23, 2016.

• Technology Synopsis: This patent relates to the ’361 patent family, describing user interface navigation. It details a method where a menu is displayed in a location outside a first application's window in response to a user input, with the menu containing elements corresponding to other running applications, allowing the user to switch between them (Compl. ¶42; ’923 Patent, Abstract).
• Asserted Claims: Claim 4 (Compl. ¶42).
• Accused Features: The complaint makes a general allegation against the "Accused LG Products" (Compl. ¶42).

U.S. Patent No. 9,423,938 (’938 Patent), "Methods, Systems, and Computer Program Products for Navigating Between Visual Components," issued August 23, 2016.

• Technology Synopsis: Also related to the ’361 patent, this invention describes displaying a menu in a second location relative to a first application window. The menu is displayed in response to a specific user input and includes elements for other running applications, facilitating navigation between them (Compl. ¶46; ’938 Patent, Abstract).
• Asserted Claims: Claim 1 (Compl. ¶46).
• Accused Features: The complaint makes a general allegation against the "Accused LG Products" (Compl. ¶46).

U.S. Patent No. 9,423,954 (’954 Patent), "Graphical User Interface Methods, Systems, and Computer Program Products," issued August 23, 2016.

• Technology Synopsis: This patent describes a method for managing the presentation of application windows on a touchscreen. In response to a user input, the presentation of a first and second window is changed such that the size of both windows is altered, and the second window remains adjacent to and not overlapping the first (Compl. ¶50; ’954 Patent, Abstract).
• Asserted Claims: Claim 14 (Compl. ¶50).
• Accused Features: The complaint makes a general allegation against the "Accused LG Products" (Compl. ¶50).

U.S. Patent No. 9,817,558 (’558 Patent), "Methods, Systems, and Computer Program Products for Coordinating Playing of Media Streams," issued January 2, 2018.

• Technology Synopsis: Belonging to the ’858 patent family, this patent describes a system for indicating that a media stream is allowed to be presented via a presentation device if that device is to be utilized for presentation based on focus information (Compl. ¶54; ’558 Patent, Abstract).
• Asserted Claims: Claim 1 (Compl. ¶54).
• Accused Features: The complaint makes a general allegation against the "Accused LG Products" (Compl. ¶54).

U.S. Patent No. 9,823,838 (’838 Patent), "Methods, Systems, and Computer Program Products for Binding Attributes Between Visual Components," issued February 20, 2018.

• Technology Synopsis: This patent describes presenting an "application window representation group" that includes representations of multiple application windows. This appears to relate to user interfaces for managing or switching between multiple open applications (Compl. ¶58; ’838 Patent, Abstract).
• Asserted Claims: Claim 1 (though the complaint notes Cypress's pleading identified Claim 21 while quoting language from Claim 1) (Compl. ¶58, fn. 1).
• Accused Features: The complaint makes a general allegation against the "Accused LG Products" (Compl. ¶58).

U.S. Patent No. 9,841,878 (’878 Patent), "Methods, Systems, and Computer Program Products for Navigating Between Visual Components," issued March 20, 2018.

• Technology Synopsis: This patent describes a user interface method where a representation of a second application's window is presented in a menu in response to a first user input. A second user input in connection with that representation then causes the full second window to be displayed (Compl. ¶62; ’878 Patent, Abstract).
• Asserted Claims: Claim 1 (Compl. ¶62).
• Accused Features: The complaint makes a general allegation against the "Accused LG Products" (Compl. ¶62).

III. The Accused Instrumentality

Product Identification

The complaint identifies a list of LG smartphone and tablet devices as the "Accused LG Products," including models such as the Access, Aristo, Classic, Escape, Fiesta, Fortune, Grace, G4, G5, G6, G Pad, K-series, Nexus 5X, Nexus 6P, Stylo series, V20, and X-series phones (Compl. ¶10).

Functionality and Market Context

The Accused LG Products are described as smartphones and tablets that run on the Android operating system (Compl. ¶10). Their relevant functionalities, in the context of this dispute, are their graphical user interfaces which manage the presentation of multiple applications and the playback of audio and video content from those applications. The complaint notes that Plaintiff LGEMU imports, offers for sale, and sells these products in the U.S. (Compl. ¶10).

No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

'858 Patent Infringement Allegations

'361 Patent Infringement Allegations

Identified Points of Contention

The complaint provides only conclusory denials of infringement for each patent, asserting that the Accused LG Products "do not meet the limitations of the asserted claim" (Compl. ¶¶14, 18). Based on the technology, the primary questions for the court may include:

• Scope Questions: What is the scope of "presentation focus" as defined in the ’858 patent family? Does the standard application and media management framework of the Android operating system fall within this definition, particularly how it handles audio from backgrounded applications? For the ’361 patent family, a central question may be whether Android's multitasking interfaces (e.g., the recent apps screen) constitute a "navigation control" whose "navigation region" is "determined based on the location" of the first visual component, as required by the claims.
• Technical Questions: What evidence does the complaint provide that the Accused LG Products lack the claimed functionality? The complaint’s non-infringement theories are presented as simple denials without technical support, stating, for example, that the products "do not practice the requirement of..." the recited claim language (Compl. ¶14). A central evidentiary question for the underlying dispute will be how the Android operating system on the Accused Products actually manages media playback permissions and the placement of navigation elements relative to active application windows.

V. Key Claim Terms for Construction

The complaint does not provide sufficient detail for a full analysis of claim construction disputes. However, based on the technology and asserted claims, the following terms may be central to the case.

Term 1: "presentation focus" (’858 Patent, Claim 14)

• Context and Importance: This term is the core of the invention claimed in the ’858 patent family. Its definition will be critical to determining whether the way the Android operating system prioritizes or silences media from background applications constitutes infringement. Practitioners may focus on this term because its scope will determine whether it is limited to the specific embodiments described or can be read more broadly to cover modern mobile operating system architecture.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The specification states that "presentation focus refers to an attribute associated with a media player, directly and/or indirectly, indicating whether the media player is allowed to access one or more presentation devices" ('858 Patent, col. 9:15-22). This broad, functional definition may support an argument that it covers any OS-level mechanism that controls playback rights.
  • Evidence for a Narrower Interpretation: The specification contrasts "presentation focus" with "input focus," noting the former relates to output while the latter relates to input ('858 Patent, col. 9:26-33). It also provides examples based on "z-order of a user interface element" and "a measure of user visibility," which could suggest the term is tied to whether an application window is visible on screen, potentially narrowing its scope against audio-only background processes ('858 Patent, col. 9:51-54).

Term 2: "first navigation region determined based on a location of... the first visual component" (’361 Patent, Claim 199)

• Context and Importance: This term is critical because it defines the spatial relationship between an active application and the claimed navigation tool. The infringement analysis may turn on whether Android's multitasking or notification interfaces appear in a "region" that is "determined based on" the location of the active application window, or if their location is fixed or independent.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The claim language recites that the determination can be based on the location of the visual component itself, its "parent," or its "child" component (’361 Patent, col. 40:31-34). This provides multiple potential anchor points and may support a broader reading of the required spatial relationship.
  • Evidence for a Narrower Interpretation: The patent's abstract describes presenting the control "in a first navigation region determined based on the first application region," and Figure 6b shows a menu appearing adjacent to the top-right corner of the active window (’361 Patent, Abstract; Fig. 6b). This may suggest that the term requires a direct, proximate spatial relationship, potentially narrowing its scope against system-level interfaces that appear in fixed locations (e.g., at the bottom of the screen).

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

This declaratory judgment action appears to be a procedural maneuver in a larger dispute. Based on the complaint, the substantive case for non-infringement will likely center on two to three key questions:

1. A core issue will be one of definitional scope: Can the term "presentation focus," as described in the context of desktop-style window management from the 2010 priority date, be construed to cover the sophisticated permission and process management systems used by the modern Android operating system to handle background audio and notifications?
2. A second key issue will be one of functional and spatial correspondence: Do the multitasking and application-switching interfaces in the accused Android products, such as the "recent apps" screen, function as the claimed "navigation control," and crucially, is their placement on the screen "determined based on the location" of the currently active application window as required by the claims?
3. An overarching evidentiary question will be what facts support the complaint’s conclusory allegations of non-infringement. The complaint mirrors the alleged deficiency of Cypress's infringement pleadings by offering limited technical detail to substantiate its own claims for why the LG products do not practice the patented inventions.