DCT
1:20-cv-12305
Quantificare Inc v. Canfi
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: QuantifiCare, Inc. (Delaware)
- Defendant: Canfield Scientific, Inc. (New Jersey)
- Plaintiff’s Counsel: McCarter & English, LLP
- Case Identification: 1:20-cv-12305, D.N.J., 09/03/2020
- Venue Allegations: Venue is alleged to be proper as Defendant is a New Jersey corporation that resides, maintains a regular and established place of business, and has committed alleged acts of infringement within the District of New Jersey.
- Core Dispute: Plaintiff alleges that Defendant’s Vectra H2 3D photography system infringes three patents related to stereophotogrammetry devices capable of operating at multiple pre-defined distances to capture images of different-sized body parts.
- Technical Context: The technology at issue is portable 3D imaging for medical and aesthetic applications, a field where accurately reconstructing surfaces of varying sizes, such as a human face versus a torso, is a key challenge.
- Key Procedural History: The complaint alleges a competitive history, including that Defendant previously sued Plaintiff in 2017 for patent infringement related to a similar product. The patents-in-suit are a family; U.S. Patent Nos. 10,165,253 and 10,681,334 are continuations of the application that resulted in U.S. Patent No. 10,070,119. Plaintiff also alleges sending an explicit notice of infringement to Defendant on August 20, 2020, two weeks before filing suit.
Case Timeline
| Date | Event |
|---|---|
| 2015-10-14 | Earliest Priority Date for ’119, ’253, and ’334 Patents |
| 2016-10 | Plaintiff QuantifiCare launches LifeViz® Infinity product |
| 2017-05-26 | Canfield files lawsuit against QuantifiCare over a different patent |
| 2018-06 | Canfield exhibits accused Vectra H2 product at tradeshow |
| 2018-09-04 | ’119 Patent issues |
| 2018-12-25 | ’253 Patent issues |
| 2020-06-09 | ’334 Patent issues |
| 2020-08-20 | QuantifiCare sends infringement notice letter to Canfield |
| 2020-09-03 | Complaint filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,070,119 - “DEVICE AND METHOD TO RECONSTRUCT FACE AND BODY IN 3D,” issued September 4, 2018
The Invention Explained
- Problem Addressed: The patent’s background section describes an inefficiency in medical 3D imaging where professionals need two separate, specialized stereophotogrammetry cameras: one optimized with a small field of view for faces (e.g., A4-sized) and another with a larger field of view for torsos (e.g., A3-sized) (’119 Patent, col. 2:48-56). Using a single camera for both purposes results in either low-resolution images or a cumbersome process requiring too many pictures to "stitch" together (’119 Patent, col. 3:5-19).
- The Patented Solution: The invention is a single, portable stereophotogrammetry device designed to operate at two or more distinct, pre-defined distances from a subject. This allows it to capture images optimized for both small-area (e.g., face) and large-area (e.g., torso) reconstruction. The device incorporates a positioning system, such as selectable pairs of light beamers that converge at different distances, to guide the operator in positioning the device correctly for each mode (’119 Patent, Abstract; col. 4:7-14).
- Technical Importance: This unified approach sought to combine the functionality of two specialized devices into one portable unit, improving workflow and efficiency for practitioners in fields like plastic surgery and dermatology (’119 Patent, col. 7:8-19).
Key Claims at a Glance
- The complaint asserts independent claim 1 (Compl. ¶22).
- The essential elements of independent claim 1 are:
- A device for stereophotogrammetry comprising a camera body and a double-optics for simultaneous acquisition of two views.
- A positioning system configured to define a position of a target subject for one of at least two distinct pre-defined point positions (a closer position and a farther position).
- The positioning system comprises at least two pairs of light beamers: a first pair converging to the farther point position and a second pair converging to the closer point position.
- The device comprises a switch with a first selection position (to select the farther point) and a second selection position (to select the closer point).
- The switch is configured to switch on the first pair of light beamers in the first selection position and the second pair of light beamers in the second selection position.
- The complaint reserves the right to assert additional claims (Compl. ¶22).
U.S. Patent No. 10,165,253 - “DEVICE AND METHOD TO RECONSTRUCT FACE AND BODY IN 3D,” issued December 25, 2018
The Invention Explained
- Problem Addressed: The patent addresses the same problem as the ’119 Patent: the need for a single portable 3D imaging device that can efficiently capture high-quality reconstructions of both small and large anatomical surfaces (’253 Patent, col. 1:11-col. 3:24).
- The Patented Solution: The solution is also a single stereophotogrammetry device with at least two distinct, pre-defined operating distances. However, the claims describe the positioning system in broader, more functional terms. Rather than requiring a specific structure of switchable light beamers, the invention as claimed covers a positioning system "configured to signal when a target subject is reaching a pre-defined distance position," without specifying the mechanism for generating that signal (’253 Patent, Abstract; col. 10:46-56).
- Technical Importance: This invention provides the same practical benefit as the ’119 Patent but potentially covers a wider range of technical implementations for the distance-guidance system.
Key Claims at a Glance
- The complaint asserts independent claim 1 (Compl. ¶28).
- The essential elements of independent claim 1 are:
- A device for stereophotogrammetry comprising a camera body and a double-optics for simultaneous acquisition of two views.
- A positioning system configured to signal when a target subject is reaching a pre-defined distance position to the camera.
- The system corresponds to one of at least two distinct pre-defined distance positions (a closer distance and a farther distance).
- The complaint reserves the right to assert additional claims (Compl. ¶28).
Multi-Patent Capsule
- Patent Identification: U.S. Patent No. 10,681,334, “DEVICE AND METHOD TO RECONSTRUCT FACE AND BODY IN 3D,” issued June 9, 2020 (Compl. ¶8).
- Technology Synopsis: Continuing the same inventive concept, this patent describes a single portable stereophotogrammetry device that addresses the inefficiency of using multiple cameras for different body parts. The device generates stereo-pairs of images and features a positioning system that signals when a subject reaches one of at least two pre-defined distances, allowing optimized capture for both closer (e.g., face) and farther (e.g., torso) subjects (’334 Patent, Abstract; col. 1:21-col. 3:29).
- Asserted Claims: Independent claim 1 (Compl. ¶34).
- Accused Features: The Vectra H2 product is accused of infringement based on its alleged functionality as a stereophotogrammetry device that generates a pair of images from two different angles and includes a positioning system to signal when a subject is at one of at least two distinct pre-defined distances (Compl. ¶35).
III. The Accused Instrumentality
Product Identification
- Defendant’s Vectra H2 product (Compl. ¶17).
Functionality and Market Context
- The complaint alleges the Vectra H2 is a 3D photography product used for stereophotogrammetry (Compl. ¶¶ 17, 22). The allegations state that the product includes a camera body, double-optics to acquire two views from different angles simultaneously, and a positioning system to help a user place a subject at one of at least two pre-defined distances from the device (Compl. ¶¶ 23, 29, 35). The complaint asserts that the Vectra H2 "mimics and imitates the LifeViz® Infinity product," which is the Plaintiff's commercial embodiment of the patented technology (Compl. ¶17).
- The Vectra H2 is positioned as a direct competitor to Plaintiff's products and is marketed for the same uses in the medical and aesthetic imaging fields (Compl. ¶17). Canfield is described as a "sophisticated competitor" that investigated Plaintiff's product at tradeshows before launching the Vectra H2 (Compl. ¶¶ 15-16).
IV. Analysis of Infringement Allegations
No probative visual evidence provided in complaint.
’119 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a device for stereophotogrammetry comprising (i) a camera body, | The Vectra H2 is a device for stereophotogrammetry that includes a camera body. | ¶23 | col. 8:22 |
| (ii) a double-optics comprising two sub-optics configured for a simultaneous acquisition of two views according to two different angles, | The Vectra H2 has a double-optics with two sub-optics for acquiring two views from different angles. | ¶23 | col. 8:24-28 |
| (iii) a positioning system configured to define a position of a target subject for one of at least two distinct pre-defined point positions... | The Vectra H2 has a positioning system that defines at least two distinct pre-defined point positions for a target subject. | ¶23 | col. 8:29-34 |
| (iv) the at least two distinct predefined point positions comprising a closer point position and a farther point position... | The at least two positions include a closer point and a farther point relative to the device. | ¶23 | col. 8:35-40 |
| (v) the positioning system comprises at least two pairs of light beamers, a first pair of light beamers that converge to the farther point position and a second pair of light beamers that converge to the closer point position, | The positioning system of the Vectra H2 comprises at least two pairs of light beamers that converge at the farther and closer positions, respectively. | ¶23 | col. 8:40-45 |
| (vi) the device comprises a switch comprising a first selection position... and a second selection position... | The Vectra H2 device includes a switch with two selection positions to select the farther and closer points. | ¶23 | col. 8:46-50 |
| (vii) the switch is configured to switch on the first pair of light beamers in the first selection position and switch on the second pair of light beamers in the second selection position. | The switch on the Vectra H2 is configured to activate the first pair of beamers in the first position and the second pair in the second position. | ¶23 | col. 8:50-54 |
’253 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a device for stereophotogrammetry comprising (i) a camera body, | The Vectra H2 is a device for stereophotogrammetry that includes a camera body. | ¶29 | col. 8:31-32 |
| (ii) a double-optics comprising two sub-optics configured for a simultaneous acquisition of two views according to two different angles, | The Vectra H2 has a double-optics that acquires two views from different angles. | ¶29 | col. 8:32-36 |
| (iii) a positioning system configured to signal when a target subject is reaching a pre-defined distance position to the camera corresponding to one of at least two distinct pre-defined distance positions... | The Vectra H2 has a positioning system that signals when a subject reaches one of at least two pre-defined distances. | ¶29 | col. 10:46-52 |
| (iv) wherein the at least two distinct predefined distance positions comprise a closer distance position and a farther distance position... | The pre-defined distance positions include a closer and a farther position relative to the camera body. | ¶29 | col. 10:52-56 |
Identified Points of Contention
- Structural vs. Functional Scope: A central dispute may arise from the differences between the claims of the ’119 Patent and the ’253 Patent. The ’119 Patent claims a specific structure: "at least two pairs of light beamers" and a "switch" to select between them. The ’253 Patent claims a more functional "positioning system configured to signal" the correct distance. A key technical question will be whether the Vectra H2 contains the specific two-pair beamer structure of the ’119 claim, or if it achieves a similar result with a different structure (e.g., a single tunable pair of beamers) that might fall within the broader functional scope of the ’253 claim.
- Evidence for Infringement: The complaint makes conclusory allegations that the Vectra H2 meets each claim element but does not provide documentary evidence, such as from user manuals or technical specifications, showing how the accused product operates. The factual basis for how the Vectra H2's positioning system works and how a user selects between different ranging modes will be a critical area of discovery.
V. Key Claim Terms for Construction
The Term: "a switch" (’119 Patent, cl. 1)
- Context and Importance: The infringement allegation for the ’119 Patent hinges on whether the Vectra H2 possesses "a switch" that selects between two different operating modes by activating different pairs of light beamers. Practitioners may focus on this term because its construction could determine whether a software-based user interface control is structurally equivalent to the hardware-oriented embodiment described in the patent.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent specification describes the switch functionally as enabling "the user's decision to switch on exclusively" one pair of light beamers or the other, suggesting the term could encompass any user-operable selection mechanism (col. 8:46-49).
- Evidence for a Narrower Interpretation: The specification also describes an advantageous embodiment as a "3-state switch where its third position is a sleeping mode position," which could be used to argue for a more limited construction tied to a physical, multi-state component (col. 8:50-54; FIG. 1, element 5).
The Term: "to signal" (’253 Patent, cl. 1)
- Context and Importance: The scope of the ’253 Patent largely depends on the meaning of "to signal when a target subject is reaching a pre-defined distance." The infringement analysis will turn on what type of feedback or indication from the device meets this requirement.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: Dependent claim 15, which references the method of using the device, describes the signal as potentially being "the superimposition of beamers on the target subject or the emission of an electromagnetic, acoustic or any other type of signal" (col. 11:25-31). This language may support a very broad interpretation where the visual alignment of light patterns by the user itself constitutes the "signal."
- Evidence for a Narrower Interpretation: The specification describes an alternative embodiment using a "telemetry system" that can be programmed to "activate a signal" or "trigger picture taking when the nominal distance is reached" (col. 5:30-44). This might support an argument that "to signal" requires an active, discrete output from the device (e.g., a light, a sound, a display reading) rather than a passive visual alignment guide.
VI. Other Allegations
- Indirect Infringement: The complaint alleges both induced and contributory infringement for all three patents-in-suit. The allegations for inducement are based on Defendant allegedly instructing customers on how to use the Vectra H2 in an infringing manner through marketing, advertising, and other materials (e.g., Compl. ¶¶ 26, 42). The basis for contributory infringement is the allegation that the Vectra H2 is especially made for infringing use and is not a staple article of commerce with substantial non-infringing uses (e.g., Compl. ¶¶ 26, 44).
- Willful Infringement: Willfulness is alleged for all three patents. The complaint bases this on Defendant's alleged "copying of QuantifiCare's patented product" (Compl. ¶46), its status as a sophisticated competitor that investigated Plaintiff's product at tradeshows (Compl. ¶¶ 15-16), and its continued infringement after receiving an explicit notice of infringement letter on August 20, 2020 (Compl. ¶21).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of infringement scope and evidence: Can Plaintiff provide sufficient evidence to show that the accused Vectra H2 product meets the specific structural limitations of the ’119 patent (e.g., "two pairs of light beamers" controlled by "a switch"), or will its case rely on the broader, functional language of the ’253 and ’334 patents (e.g., a system that "signals" a position)? The outcome will depend heavily on discovery into the precise operation of the Vectra H2.
- A second key question will be one of intent and knowledge: The complaint alleges a history of direct competition and deliberate copying. The extent to which Plaintiff can prove that Defendant had pre-suit knowledge of the specific patents-in-suit—not just of Plaintiff's commercial product—and acted with objective recklessness will be critical to the claim for willful infringement and the potential for enhanced damages.
- A final question is one of claim construction: How the court defines key terms like "a switch" and "to signal" will be pivotal. The resolution will determine whether the claims are limited to the specific hardware embodiments shown in the patents or can be read more broadly to cover functionally similar software-based implementations, which may directly impact the finding of infringement.