DCT

1:19-cv-05379

Stretchtech LLC v. Anki Inc

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 1:19-cv-05379, S.D.N.Y., 06/07/2019
  • Venue Allegations: Plaintiff alleges venue is proper because Defendant maintains a regular and established place of business in the district, has committed alleged acts of infringement in the district, and solicits and conducts business in the district.
  • Core Dispute: Plaintiff alleges that Defendant’s Vector Robot infringes three patents related to systems and methods for localizing a sound source and displaying a responsive animated or visual indicia.
  • Technical Context: The technology enables devices, such as consumer robots, to identify the location of sounds in a three-dimensional space and interact with the source through visual feedback on a display.
  • Key Procedural History: The complaint alleges that Plaintiff put Defendant on notice of the asserted patents and the alleged infringement by the Vector Robot in a letter dated November 19, 2018. A subsequent letter on January 18, 2019, allegedly included a claim chart illustrating the infringement. Defendant is alleged to have reviewed the patents but declined licensing discussions, which forms the basis for Plaintiff's willfulness claim.

Case Timeline

Date Event
2012-03-04 Earliest Priority Date ('070, '563, '054 Patents)
2014-04-22 Issue Date, U.S. Patent No. 8,704,070
2015-05-26 Issue Date, U.S. Patent No. 9,042,563
2018-03-06 Issue Date, U.S. Patent No. 9,913,054
2018-11-19 Plaintiff sends first pre-suit notice letter to Defendant
2019-01-18 Plaintiff sends second pre-suit notice letter with claim chart
2019-06-07 Complaint Filing Date

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

U.S. Patent No. 9,913,054 - "System and method for mapping and displaying audio source locations," issued March 6, 2018.

The Invention Explained

  • Problem Addressed: The patent seeks to address the challenge of accurately determining the position of a sound source in a specific environment so that visual effects can be aligned with it to create an engaging user experience (Compl. ¶10; ’054 Patent, col. 2:8-15).
  • The Patented Solution: The invention describes a system that detects a target sound in three-dimensional physical space, determines a reference location for that sound, and generates an "animated indicia" that responds within a "three dimensional virtual space." Critically, the orientation of this virtual indicia changes in relation to the orientation of the detected physical sound source, creating an interactive effect (’054 Patent, Abstract; col. 8:36-40).
  • Technical Importance: This approach allows for more dynamic and seemingly intelligent interaction between a device and a user, moving beyond simple sound detection to directional, responsive visual feedback (Compl. ¶¶ 9-10).

Key Claims at a Glance

  • The complaint asserts independent claim 14 and reserves the right to assert others (Compl. ¶¶ 30-31).
  • Essential Elements of Independent Claim 14 (a computer program product claim):
    • generating the animated indicia responsive to sound;
    • defining the one or more sound characteristics to be detected by a sound detector;
    • detecting at least one target sound in a three dimensional physical space;
    • determining the first reference sound location in relation to the detected target sound;
    • the animated indicia responds in a three dimensional virtual space proximate to the first reference sound location; and
    • orientation of the animated indicia in the three dimensional virtual space changes in relation to orientation of the detected target sound in the three dimensional physical space.

U.S. Patent No. 9,042,563 - "System and method to localize sound and provide real-time world coordinates with communication," issued May 26, 2015.

The Invention Explained

  • Problem Addressed: The patent identifies the difficulty of achieving precise sound localization in complex physical environments, which often have irregular geometries and require differentiating between human and electronic sounds (’563 Patent, col. 1:49-61).
  • The Patented Solution: The invention proposes a method that improves localization by first "inputting a predetermined location's dimensional data," such as from architectural blueprints. Detection devices with known "X, Y and Z blueprint coordinates" are used to detect sounds, which are then mapped in relation to the pre-loaded dimensional data and transmitted to a receiving source (’563 Patent, Abstract; col. 3:30-44).
  • Technical Importance: By grounding sound detection in pre-existing spatial data of the environment, the system aims to provide more accurate and context-aware localization than methods that rely solely on microphone array calculations (’563 Patent, col. 2:5-13).

Key Claims at a Glance

  • The complaint asserts independent claim 12 and reserves the right to assert others (Compl. ¶¶ 45-46).
  • Essential Elements of Independent Claim 12 (a computer program product claim):
    • inputting a predetermined location's dimensional data and location reference data for detection devices;
    • identifying sounds detected by the devices, where each device has associated X, Y, and Z blueprint coordinates;
    • determining the devices' coordinates by physical measurement and virtual determination via processors detecting sound waves;
    • providing sound localization information to users;
    • mapping detected sound locations in relation to the dimensional data; and
    • transmitting the mapping to a receiving source and providing a visual display.

Multi-Patent Capsule: U.S. Patent No. 8,704,070

  • Patent Identification: U.S. Patent No. 8,704,070, "System and method for mapping and displaying audio source locations," issued April 22, 2014.
  • Technology Synopsis: This patent, a parent to the ’054 patent, describes a system for determining a sound source's location based on defined sound characteristics (e.g., frequency, decibel level) and producing a corresponding "indicia" proximate to that location. The indicia can be a visual image, cartoon, or hologram displayed for a predetermined time (’070 Patent, Abstract; col. 2:15-26).
  • Asserted Claims: The complaint asserts independent claim 8 (Compl. ¶58).
  • Accused Features: The complaint alleges that the Vector Robot's use of its four-microphone array to detect sound and its display to show a responsive animated image infringes this patent (Compl. ¶¶ 60-62).

III. The Accused Instrumentality

Product Identification

  • Defendant Anki, Inc.’s Vector Robot (“Vector”) (Compl. ¶14).

Functionality and Market Context

  • The complaint describes the Vector robot as a consumer electronics device equipped with a "Qualcomm 200 processing platform," a "high-res color IPS display," and a "powerful four-microphone array for directional hearing," also referred to as a "Beamforming 4-microphone array" (Compl. ¶¶ 33, 35, 36).
  • The core accused functionality is the robot's ability to detect the location of a sound, such as a human voice, and react by displaying an "animated indicia" on its screen that is responsive to the sound's direction (Compl. ¶¶ 34, 37). The complaint references an illustration from the product's user guide as evidence of this functionality. Page 6 of the VectorTM Quick Start Guide allegedly illustrates an animated indicia on Vector's display device that is responsive to the direction of sound (Compl. ¶38, Ex. J).

IV. Analysis of Infringement Allegations

’9,913,054 Infringement Allegations

Claim Element (from Independent Claim 14) Alleged Infringing Functionality Complaint Citation Patent Citation
generating the animated indicia responsive to sound; Vector's display shows an animated indicia that responds to sound, as illustrated in its Quick Start Guide. ¶34 col. 6:5-9
defining the one or more sound characteristics to be detected by a sound detector; Vector is designed to detect human voice using its microphone array for directional hearing. ¶35 col. 6:46-54
detecting at least one target sound in a three dimensional physical space in relation to the one or more sound characteristics; Vector's "Beamforming 4-microphone array" detects the location of a user's voice in 3D space. ¶36 col. 6:25-33
determining the first reference sound location in relation to the detected at least one target sound... Vector determines the location of the sound source (the user's voice) to orient its responsive animation. ¶37 col. 4:26-31
wherein the animated indicia responds in a three dimensional virtual space proximate to the first reference sound location... The animated indicia on Vector's display responds in a virtual space proximate to the detected sound. ¶38 col. 8:36-40
wherein orientation of the animated indicia in the three dimensional virtual space changes in relation to orientation of the detected target sound... The orientation of the animated indicia on Vector's display changes to be responsive to the direction of the human voice. ¶38 col. 8:41-45

’9,042,563 Infringement Allegations

Claim Element (from Independent Claim 12) Alleged Infringing Functionality Complaint Citation Patent Citation
inputting a predetermined location's dimensional data within a room and location reference data for one or more detection devices... The complaint does not provide sufficient detail for analysis of this specific element. col. 3:30-38
identifying one or more sounds detected by the one or more detection devices; Vector's microphone array detects sounds, such as a user's voice. ¶50 col. 4:46-50
wherein each of the one or more detection devices have X, Y and Z blueprint coordinates associated therewith; The complaint does not provide specific allegations regarding "blueprint coordinates." col. 3:65-col. 4:2
wherein each of the one or more detection devices' ... coordinates are actually determined by physical measurement ... and virtually determined via one or more associated processors... Vector's "Beamforming 4-microphone array" and processor determine the location of sound. ¶50 col. 6:55-col. 7:2
...mapping one or more detected sound locations in relation to the predetermined location's dimensional data; and transmitting the mapping to a receiving source and providing a visual display... Vector displays an animated indicia responsive to sound locations on its display. ¶¶ 48-49 col. 5:6-14

Identified Points of Contention

  • Scope Questions: A central question for the '054 patent will be whether the Vector robot's animated eyes on its 2D screen can be construed as an "animated indicia" that "responds in a three dimensional virtual space" and changes "orientation" as the claim requires. The defense may argue this language requires a more complex virtual environment (e.g., AR or a holographic projection) than a simple 2D display.
  • Technical Questions: For the '563 patent, a key point of dispute may arise over whether the Vector robot practices the limitation of "inputting a predetermined location's dimensional data" (e.g., blueprints). The complaint's allegations focus on the microphone array's capabilities but do not appear to specify how the accused product meets this element, which is described in the patent as a core feature for improving localization accuracy.

V. Key Claim Terms for Construction

The Term: "three dimensional virtual space"

  • (from '054 Patent, Claim 14)
  • Context and Importance: The construction of this term is critical because the accused product is described as having a "high-res color IPS display," which is a 2D screen (Compl. ¶33). Infringement may turn on whether the animated graphics on this 2D screen can be considered to "respond" and change "orientation" within a "three dimensional virtual space."
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The '054 patent specification mentions a wide range of visual indicia, including "cartoon, character representation, video, anime, hologram," suggesting the term is not limited to a specific type of 3D technology (’054 Patent, col. 6:6-9). A plaintiff may argue that an animation that simulates 3D movement (e.g., eyes turning to "look" in a direction) meets the claim's functional requirements.
    • Evidence for a Narrower Interpretation: The patent's repeated references to holographic images and projected animations in a physical environment could be used to argue for a construction requiring more than a 2D screen representation (’054 Patent, col. 5:13-16, FIG. 17). The defense may argue that "virtual space" requires a coordinate system independent of the display surface itself.

The Term: "inputting a predetermined location's dimensional data"

  • (from '563 Patent, Claim 12)
  • Context and Importance: Practitioners may focus on this term because it appears to be a point of novelty for the '563 patent, distinguishing it from systems that rely solely on sound wave analysis. The complaint does not explicitly allege how the Vector robot meets this limitation.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: A plaintiff could argue that any initial environmental mapping or calibration performed by the robot upon setup constitutes "inputting ... dimensional data."
    • Evidence for a Narrower Interpretation: The '563 patent specification strongly suggests this refers to specific, pre-existing data, repeatedly mentioning "blueprint data," "blueprint coordinates," and "architectural rendering" (’563 Patent, col. 3:30-38, col. 6:55-57). A defendant may argue this requires loading a formal map of a room, a feature not alleged to be part of the Vector robot's operation.

VI. Other Allegations

Indirect Infringement

  • The complaint alleges that Defendant induces infringement by "instructing, directing, and/or requiring" users and developers to use the Vector robot in an infringing manner (Compl. ¶15, ¶20, ¶25). This allegation is supported by references to the product’s "Quick Start Guide," which allegedly instructs users on how to interact with the robot via voice, thereby causing the accused functionality to be performed (Compl. ¶34, ¶49).

Willful Infringement

  • The complaint makes a specific allegation of willful infringement based on pre-suit knowledge. It claims Defendant was aware of all three asserted patents as of November 19, 2018, and was later provided with a claim chart on January 18, 2019, but "declined to entertain licensing discussions" (Compl. ¶¶ 26-27, 40, 52, 64).

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

  • A core issue will be one of definitional scope: can the term "three dimensional virtual space," which is central to the '054 patent, be construed to read on the animated graphics displayed on the accused robot's two-dimensional screen, or does the patent require a more literal 3D projection or environment?
  • A key evidentiary question will be one of functional mismatch: does the complaint provide a sufficient factual basis that the accused Vector robot performs the '563 patent's core step of operating on "predetermined location's dimensional data," such as blueprints, or does the robot's localization system operate on a technically distinct principle?
  • Given the specific allegations of pre-suit notice, including the delivery of a claim chart and a subsequent refusal to license, a central question for damages will be whether Defendant's continued marketing and sale of the Vector robot constituted willful infringement, which could expose it to an award of enhanced damages.