3:12-cv-00504
Unwired Planet LLC v. Google Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Unwired Planet LLC (Nevada)
- Defendant: Google Inc. (Delaware)
- Plaintiff’s Counsel: McKool Smith, P.C.; Watson Rounds
- Case Identification: 3:12-cv-00504, D. Nev., 09/19/2012
- Venue Allegations: Plaintiff alleges venue is proper in the District of Nevada because Google conducts business in the state, its products are sold and used there, and a substantial part of the events giving rise to the claims occurred in the district.
- Core Dispute: Plaintiff alleges that Defendant’s mobile application, cloud messaging, mapping, and location-based service platforms infringe ten patents related to foundational mobile internet technologies.
- Technical Context: The technology domain concerns core functionalities of the mobile internet, including server-side management of mobile applications, push notifications, and the delivery of location-based services, which are fundamental to the modern smartphone ecosystem.
- Key Procedural History: The complaint details Plaintiff’s history, originating as Unwired Planet, a pioneer in the mobile internet and a founder of the WAP Forum, later becoming Openwave Systems Inc. In 2012, the company sold its product businesses to focus on licensing the patent portfolio it developed over nearly two decades.
Case Timeline
| Date | Event |
|---|---|
| 1998-04-30 | U.S. Patent No. 6,654,786 Priority Date |
| 1998-07-13 | U.S. Patent No. 6,292,657 Priority Date |
| 1998-07-13 | U.S. Patent No. 6,895,240 Priority Date |
| 1998-07-20 | U.S. Patent No. 7,024,205 Priority Date |
| 1999-05-07 | U.S. Patent No. 6,684,087 Priority Date |
| 2000-05-05 | U.S. Patent No. 6,662,016 Priority Date |
| 2001-02-16 | U.S. Patent No. 7,203,752 Priority Date |
| 2001-05-24 | U.S. Patent No. 6,944,760 Priority Date |
| 2001-09-18 | U.S. Patent No. 6,292,657 Issued |
| 2002-02-07 | U.S. Patent No. 7,035,647 Priority Date |
| 2003-11-25 | U.S. Patent No. 6,654,786 Issued |
| 2003-12-09 | U.S. Patent No. 6,662,016 Issued |
| 2004-01-27 | U.S. Patent No. 6,684,087 Issued |
| 2005-04-04 | U.S. Patent No. 7,463,151 Priority Date |
| 2005-05-17 | U.S. Patent No. 6,895,240 Issued |
| 2005-09-13 | U.S. Patent No. 6,944,760 Issued |
| 2006-04-04 | U.S. Patent No. 7,024,205 Issued |
| 2006-04-25 | U.S. Patent No. 7,035,647 Issued |
| 2007-04-10 | U.S. Patent No. 7,203,752 Issued |
| 2008-12-09 | U.S. Patent No. 7,463,151 Issued |
| 2012-09-19 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 6,292,657 - Method and Architecture for Managing a Fleet of Mobile Stations Over Wireless Data Networks
- Issued: September 18, 2001 (’657 Patent)
The Invention Explained
- Problem Addressed: The patent addresses the need for a secure and efficient method for an authorized entity, such as a corporation, to manage and distribute information to a selective group or "fleet" of mobile devices without incurring the high overhead costs associated with carrier-operated call centers or interactive response systems (ʼ657 Patent, col. 1:41-65).
- The Patented Solution: The invention proposes an architecture comprising a "fleet managing system" that allows a "provisioning entity" to securely push "fleet data" (e.g., group call lists, proprietary messages) to a designated group of mobile stations. The system is designed to operate over a carrier's infrastructure and relies on a series of authentications and "transitive trusts" between components, such as a fleet server and a proxy server, to ensure secure data dissemination (ʼ657 Patent, Abstract; Fig. 2A).
- Technical Importance: This technology describes an early architecture for what is now known as Mobile Device Management (MDM), enabling centralized, secure, over-the-air administration of device groups for enterprise and other purposes (Compl. ¶¶ 8, 13).
Key Claims at a Glance
- The complaint does not identify specific asserted claims, stating only that Google infringes "one or more claims of each of the Asserted Patents" (Compl. ¶27). For illustrative purposes, the elements of the first independent claim, Claim 1, are presented below.
- Claim 1 Elements:
- A carrier infrastructure providing a radio link to a plurality of mobile stations.
- A fleet managing system coupled to the carrier infrastructure, which includes a proxy server with an account manager.
- A memory for receiving fleet data.
- A provisioning interface providing secure access to the memory.
- The provisioning interface receives a request to push the fleet data.
- The proxy server module pushes the fleet data to the mobile stations after the request is authenticated by the provisioning interface and verified by the account manager.
U.S. Patent No. 6,654,786 - Method and Apparatus for Informing Wireless Clients About Updated Information
- Issued: November 25, 2003 (’786 Patent)
The Invention Explained
- Problem Addressed: The patent identifies the need for a unified "push" information delivery system that can automatically notify users of wireless devices about updated information (e.g., stock price changes, new emails) without requiring the user to constantly poll a server. It notes the challenge of creating such a system to work across different types of wireless networks (e.g., GSM, CDPD) (ʼ786 Patent, col. 1:59-col. 2:28).
- The Patented Solution: The invention describes a unified interface at a proxy server that accepts "add notification" requests from an internet host (e.g., a web server) via a formatted HTTP POST request. The proxy server can then deliver either a "push" notification containing a data payload or a "pull" notification containing a URL for the client to retrieve the updated information, managing the delivery across different wireless network types (ʼ786 Patent, Abstract; col. 7:1-24).
- Technical Importance: The patent discloses a foundational architecture for the push notification technology that is now a critical component of nearly all modern mobile applications for delivering real-time alerts and data updates (Compl. ¶¶ 8, 13).
Key Claims at a Glance
- The complaint does not identify specific asserted claims (Compl. ¶27). For illustrative purposes, the elements of the first independent claim, Claim 1, are presented below.
- Claim 1 Elements:
- Accepting an update notification in a proxy server, where the notification is generated by a server computer with updated information and addressed to a wireless client.
- Queuing the update notification in a notification queue in the proxy server.
- Forming a client update notification that complies with the characteristics of the wireless network.
- Delivering the client update notification to the wireless client device across the wireless network.
U.S. Patent No. 6,662,016 - Providing Graphical Location Information for Mobile Resources Using a Data-Enabled Network
- Issued: December 9, 2003
Technology Synopsis
The patent addresses the efficient delivery of graphical map displays with location markers to mobile devices. Its solution involves separating the transmission of mapping information and marker information into distinct message sets, allowing for marker locations to be updated without requiring the re-transmission of the underlying map data, thereby conserving bandwidth (’016 Patent, Abstract).
Asserted Claims
Not specified in the complaint (Compl. ¶27).
Accused Features
Map and Location Systems and/or Services, including Google Maps, Google Street View, Google Latitude, Google My Location, Google+, Google+Local, and Google Places (Compl. p. 8).
U.S. Patent No. 6,684,087 - Method and Apparatus for Displaying Images On Mobile Devices
- Issued: January 27, 2004
Technology Synopsis
The patent addresses the challenge of viewing large images on small mobile device screens. The described solution has a server preprocess a large image into a reduced-size version that is divided into a grid of subareas; a user can then select a subarea on the mobile device to request a more detailed view of that specific portion, enabling recursive navigation of the image (’087 Patent, Abstract).
Asserted Claims
Not specified in the complaint (Compl. ¶27).
Accused Features
Map and Location Systems and/or Services, including Google Maps, Google Latitude, and Google My Location (Compl. p. 8).
U.S. Patent No. 6,895,240 - Method and Architecture for Managing a Fleet of Mobile Stations Over Wireless Data Networks
- Issued: May 17, 2005
Technology Synopsis
Related to the ’657 Patent, this invention also describes a system for the secure, remote management of a group of mobile devices. The architecture allows an authenticated entity to push data, such as configuration updates or messages, from a server to a designated fleet of mobile stations over a wireless network (’240 Patent, Abstract).
Asserted Claims
Not specified in the complaint (Compl. ¶27).
Accused Features
Mobile App Systems and/or Services, including Google Play, Google Apps, Bouncer, C2DM, and GCM (Compl. p. 8).
U.S. Patent No. 6,944,760 - Method and Apparatus for Protecting Identities of Mobile Devices on a Wireless Network
- Issued: September 13, 2005
Technology Synopsis
The patent addresses the privacy risk of exposing a mobile device's unique identifier to multiple web services. The solution involves a proxy gateway that encrypts the device's identifier using a different cryptographic key for each destination service (origin server), preventing unrelated services from correlating a user's activity across different sites (’760 Patent, Abstract).
Asserted Claims
Not specified in the complaint (Compl. ¶27).
Accused Features
Cloud Messaging Systems and/or Services, including C2DM and GCM (Compl. p. 8).
U.S. Patent No. 7,024,205 - Subscriber Delivered Location-Based Services
- Issued: April 4, 2006
Technology Synopsis
This invention describes a system for providing personalized location-based services. An intelligent network platform receives a service request from a subscriber, determines the subscriber's location, accesses a stored subscriber profile (containing preferences), and delivers tailored service information based on both location and preferences (’205 Patent, Abstract).
Asserted Claims
Not specified in the complaint; all claims were subsequently cancelled during post-grant review proceedings (IPR2014-00036, CBM2014-00005).
Accused Features
Search and Advertising Systems and/or Services, including Google Search, AdWords, Google+Local, and Google Place Ads (Compl. p. 8).
U.S. Patent No. 7,035,647 - Efficient Location Determination for Mobile Units
- Issued: April 25, 2006
Technology Synopsis
The patent addresses the efficient use of network resources in location tracking. The method involves using a low-resource, low-accuracy location source (e.g., Cell ID) for continuous monitoring, and only invoking a high-resource, high-accuracy source (e.g., GPS) when the low-accuracy data indicates the device is near a predefined area of interest (’647 Patent, Abstract).
Asserted Claims
Not specified in the complaint (Compl. ¶27).
Accused Features
Location Systems and/or Services, including Android Location (Compl. p. 8).
U.S. Patent No. 7,203,752 - Method and System for Managing Location Information for Wireless Communications Devices
- Issued: April 10, 2007
Technology Synopsis
This invention addresses user privacy for location-based services. It describes a system where a subscriber can establish a profile with granular permission sets that dictate which third-party applications can access their location data, under what specific conditions (e.g., time of day, location accuracy), and with what notifications (’752 Patent, Abstract).
Asserted Claims
Not specified in the complaint (Compl. ¶27).
Accused Features
Location Systems and/or Services, including Android Location (Compl. p. 8).
U.S. Patent No. 7,463,151 - Systems and Methods for Providing Mobile Services Using Short-Range Radio Communication Devices
- Issued: December 9, 2008
Technology Synopsis
The patent describes a method for providing mobile services triggered by short-range radio communications. An SRC-enabled mobile terminal acquires information from a local SRC device (e.g., an RFID tag), and a network server authenticates this information to authorize a specific mobile service, such as enabling a "home zone" calling plan when the user is physically at home (’151 Patent, Abstract).
Asserted Claims
Not specified in the complaint (Compl. ¶27).
Accused Features
Short-Range Radio Communications Systems and/or Services, including Google Wallet, Google Offers, and Google Mobile Ads (Compl. p. 8).
III. The Accused Instrumentality
Product Identification
The complaint accuses a broad set of Google products, services, servers, and mobile devices running the Android operating system (Compl. ¶¶ 7, 27). The accused instrumentalities are grouped into categories, including:
- Mobile App and Messaging Systems: Google Play, Google Apps, and Cloud to Device Messaging (C2DM) and Google Cloud Messaging (GCM).
- Mapping and Location Systems: Google Maps, Street View, Latitude, My Location, Google+, Google+Local, Google Places, and Android Location services.
- Search, Advertising, and Commerce Systems: Google Search, AdWords, Google Wallet, and Google Offers.
Functionality and Market Context
The complaint describes these instrumentalities at a high level by their names and categories but does not provide specific technical details about their operation (Compl. ¶27). The accused products represent core components of Google's mobile ecosystem, including its application marketplace (Google Play), its infrastructure for delivering push notifications to third-party apps (C2DM/GCM), and its mapping and location platforms that provide data to both end-users and other applications (Compl. pp. 7-8). The complaint alleges these products are made, used, sold, and offered for sale by Google in the United States (Compl. ¶7).
IV. Analysis of Infringement Allegations
No probative visual evidence provided in complaint.
The complaint does not contain claim charts or detailed infringement theories. The following tables summarize the apparent infringement theory based on the accused product categories listed in the complaint, using the first independent claim of each lead patent for illustrative purposes.
'657 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a fleet managing system coupled to the carrier infrastructure, the fleet managing system comprising a proxy server... | Google's servers and infrastructure that support Google Play, C2DM, and GCM, which manage and communicate with a fleet of Android mobile devices. | ¶27 | col. 2:31-39 |
| a provisioning interface providing secure access to the memory; wherein the provisioning interface receives a request to push the fleet data... | Google's systems that receive authenticated requests from application developers or Google itself to distribute applications or push data to Android devices. | ¶27 | col. 2:40-46 |
| wherein the proxy server module pushes the fleet data... after the request is authenticated by the provisioning interface and verified by the account manager. | Google's server infrastructure that delivers applications via Google Play or notifications via C2DM/GCM to specific Android devices after authenticating the request and verifying device authorization. | ¶27 | col. 2:47-53 |
'786 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| accepting an update notification in a proxy server, said update notification generated by said server computer...addressed to a particular wireless client device... | Google's C2DM and GCM servers, which function as a proxy to accept push notification requests generated by third-party application servers and addressed to specific Android devices. | ¶27 | col. 13:59-65 |
| queuing said update notification in a notification queue in said proxy server; | Google's C2DM/GCM servers that queue push messages for delivery to the target mobile devices. | ¶27 | col. 14:1-3 |
| delivering said client update notification to said particular wireless client device across said first wireless network. | Google's C2DM/GCM servers that format and deliver the push notifications over various wireless carrier networks to the Android devices. | ¶27 | col. 14:7-10 |
Identified Points of Contention
- Scope Questions: A central question for the ’657 Patent may be whether the term "fleet data," described in the patent in the context of enterprise information like call lists (col. 6:50-51), can be construed to read on the consumer-facing distribution of mobile applications via Google Play or push notifications via GCM.
- Technical Questions: For both the ’657 and ’786 patents, a potential point of contention is whether Google’s distributed, cloud-based architecture for its services maps onto the more specific "fleet server" and "proxy server" architectures described in the patents (ʼ657 Patent, Fig. 2A; ’786 Patent, Fig. 2). The analysis may focus on whether Google's infrastructure is architecturally and functionally equivalent to the claimed systems.
V. Key Claim Terms for Construction
"fleet managing system" (’657 Patent)
- Context and Importance: This term defines the core infringing system in Claim 1 of the ’657 Patent. The dispute may center on whether this term is limited to the specific server architecture disclosed for managing distinct enterprise "fleets," or if it can be read more broadly to cover a public-facing system like Google Play that manages the distribution of applications to the entire fleet of Android devices.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The background describes the invention in general terms as relating to the "management of wireless mobile stations" and a "selective set of mobile devices" (ʼ657 Patent, col. 1:7-11), potentially supporting a construction that is not limited to corporate environments.
- Evidence for a Narrower Interpretation: The detailed description and examples focus heavily on enterprise use cases, such as a corporation propagating an "urgent proprietary message to its sale team" (ʼ657 Patent, col. 1:51-54). Figure 2A depicts a specific architecture with distinct "Fleet Server" and "Proxy Server" components, which may support a narrower construction.
"proxy server" (’786 Patent)
- Context and Importance: Independent Claim 1 of the ’786 Patent requires the "proxy server" to perform several active steps, including "accepting," "queuing," and "forming" an update notification. The construction of this term will be critical in determining whether Google's C2DM/GCM infrastructure, which acts as an intermediary, performs the claimed functions itself or merely provides a conduit for third-party servers and client devices to perform them.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes the proxy server functionally as a "link infrastructure" that sits between the landline internet and the wireless network (airnet) (’786 Patent, col. 3:59-63), which could support a broad definition.
- Evidence for a Narrower Interpretation: The abstract states the system uses a "unified interface... for sending update notifications," and Figure 2 depicts the proxy server as containing specific functional blocks like a "Notification interface" and "Pull engine," suggesting it is an active component rather than a passive message forwarder (’786 Patent, Abstract; Fig. 2).
VI. Other Allegations
Indirect Infringement
The complaint alleges both induced and contributory infringement. The inducement allegation is based on the assertion that Google "specifically intends for its customers and/or users" to infringe and knows they will do so (Compl. ¶28). The contributory infringement allegation claims that Google's products are "especially made or adapted for use in infringing" and have "no substantial non-infringing uses" (Compl. ¶29).
Willful Infringement
The complaint alleges willful infringement based on "information and belief" that Google has known about the Asserted Patents and has "acted with objective recklessness" (Compl. ¶31). The complaint does not plead specific facts supporting pre-suit knowledge, such as prior correspondence.
VII. Analyst’s Conclusion: Key Questions for the Case
- Architectural Equivalence: A core technical issue will be whether the server architectures described in the patents, which originate from the late 1990s and early 2000s, can be shown to be structurally and functionally equivalent to Google's modern, massively scaled, and distributed cloud infrastructure. The dispute will likely involve a deep analysis of how services like GCM and Google Play are implemented compared to the systems disclosed in the patents.
- Definitional Scope: The case may turn on claim construction of foundational terms. A key question is one of semantic evolution: can terms like "fleet data," rooted in the context of corporate device management, be construed to encompass the delivery of consumer mobile applications and push notifications that dominate the modern mobile ecosystem?
- Divided Infringement: A central legal question, particularly for the ’786 Patent, may be one of divided infringement: do Google's servers perform all the steps required by the claims, or are the claimed methods practiced by a combination of Google's servers, third-party application servers, and end-user devices, raising questions about direct infringement by a single party?