Bobcar Media LLC v. Deutsche Telekom AG

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Bobcar Media, LLC (New York)
  • Defendant: T-Mobile USA, Inc. (Delaware/Washington); Samsung Electronics America, Inc. (New York/New Jersey)
  • Plaintiff’s Counsel: Goldberg Cohen LLP
• Case Identification: 1:21-cv-05685, S.D.N.Y., 02/14/2024
• Venue Allegations: Plaintiff alleges venue is proper because Defendants maintain regular and established places of business in the district, have committed acts of infringement in the district, and have intentionally directed tortious activities toward the State of New York.
• Core Dispute: Plaintiff alleges that promotional vehicles used by Defendants for mobile marketing campaigns infringe three patents related to configurable, vehicle-based mobile showrooms.
• Technical Context: The technology involves modifying small vehicles to function as mobile, interactive kiosks that can be driven to a location, opened up to display products, and serve as a platform for experiential marketing.
• Key Procedural History: This Second Amended Complaint was filed pursuant to a court order. The complaint alleges that both T-Mobile and Samsung had a prior business relationship with Plaintiff, having used Plaintiff's own patented vehicles for marketing before commissioning the accused "Aardy" vehicles. Plaintiff also alleges sending notice letters to Defendants' agents and to Samsung directly in May 2016, which may be relevant to the willfulness claims.

Case Timeline

Date	Event
2008-03-07	Priority Date for ’461, ’854, and ’215 Patents
2011-05-17	U.S. Patent No. 7,942,461 Issued
2012-07-17	U.S. Patent No. 8,220,854 Issued
2014-04-08	U.S. Patent No. 8,690,215 Issued
2015-07-06	Alleged Infringing T-Mobile "East Coast Program" Begins
2015-10-26	Alleged Infringing T-Mobile "Atlanta Program" Begins
2016-02-08	Alleged Infringing Samsung "Galaxy Program" Begins
2016-05-02	Plaintiff Notifies Samsung of its Intellectual Property Rights
2016-05-02	Alleged Infringing T-Mobile "Tri-State Program" Begins
2016-05-24	Plaintiff Notifies Agencies Handling T-Mobile's Account
2024-02-14	Second Amended Complaint Filed

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

U.S. Patent No. 7,942,461 - "Method and Apparatus for Selling Consumer Products," issued May 17, 2011

The Invention Explained

• Problem Addressed: The patent identifies the limitations of traditional retail, which requires customers to travel to a fixed location, and internet commerce, which lacks a "hands on" product experience and can pose data security risks for consumers (’461 Patent, col. 1:15-45).
• The Patented Solution: The invention is a self-propelled vehicle that functions as a mobile showroom, designed to bring an interactive retail experience directly to consumers (’461 Patent, col. 2:17-28). It features a cab and a rear showroom with a series of panels on the left, right, and rear sides. These panels can be closed for transport and then raised into an open position at a sales location, transforming the vehicle into an open-air kiosk where consumers can physically interact with products (’461 Patent, col. 4:10-27). When raised, the panels are also designed to serve as large, elevated billboards for advertising (’461 Patent, col. 5:21-34).
• Technical Importance: This approach sought to create a new marketing channel by blending the physical engagement of a kiosk with the mobility of a vehicle, enabling brands to conduct "pop-up" promotional events in diverse, high-traffic locations (’461 Patent, col. 7:6-14).

Key Claims at a Glance

• The complaint asserts independent claim 1 (Compl. ¶26).
• The key elements of independent claim 1 include:
  • A self-propelled moving vehicle with a cab and a showroom behind the cab.
  • The showroom has a frame and a display platform defining an internal display area.
  • A series of panels (left, right, rear) are affixed to the frame.
  • The panels are movable between a lowered and a raised position.
  • The panels surround the showroom on three sides when lowered.
  • The display platform is open to the air on at least three sides when the panels are raised, allowing a consumer to reach in and touch products.
  • Advertising on a raised panel serves as a vertical billboard above the display platform and showroom roof.
• The complaint reserves the right to assert other claims (Compl. ¶25).

U.S. Patent No. 8,220,854 - "Method and Apparatus for Selling Consumer Products," issued July 17, 2012

The Invention Explained

• Problem Addressed: The patent addresses the same technical problem as the ’461 Patent: creating a mobile retail platform to overcome the drawbacks of fixed stores and remote internet shopping (’854 Patent, col. 1:35-46).
• The Patented Solution: The invention is a mobile showroom vehicle built on a compact, self-propelled chassis (’854 Patent, col. 4:36-40). Like the ’461 Patent, it features a rear showroom with movable side and rear panels that transition between a closed state for transport and an open state for display. A key feature described is that when the panels are open, the display area is open to the air, allowing consumers to directly touch and interact with the products on display (’854 Patent, col. 2:20-25).
• Technical Importance: This invention provided a platform for what is now known as experiential marketing, enabling direct and memorable brand-to-consumer interactions in public spaces without the infrastructure of a traditional store (’854 Patent, col. 8:34-45).

Key Claims at a Glance

• The complaint asserts independent claim 1 (Compl. ¶27).
• The key elements of independent claim 1 include:
  • A self-propelled moving vehicle with a cab and a showroom behind the cab.
  • The showroom comprises a display area.
  • The showroom has a series of panels (left, right, rear).
  • Each panel is movable between a closed and an open position.
  • The display area is open to the air when one or more panels are open, allowing a consumer to reach in and touch products.
• The complaint reserves the right to assert other claims (Compl. ¶25).

U.S. Patent No. 8,690,215 - Multi-Patent Capsule

• Patent Identification: "Method and Apparatus for Selling Consumer Products," issued April 8, 2014.
• Technology Synopsis: This patent, part of the same family, also claims an article of manufacture for a mobile promotional vehicle (’215 Patent, Abstract). The invention specifies a self-propelled vehicle with a cab and a rear showroom that includes a series of movable panels on its left, right, and rear sides, which can be moved between a closed and an open position to facilitate either transport or on-site display (’215 Patent, col. 14:15-23). The core innovation remains a transformable vehicle designed for mobile, direct-to-consumer marketing (’215 Patent, col. 13:4-9).
• Asserted Claims: Independent Claim 1 (Compl. ¶28).
• Accused Features: The complaint alleges that the "Aardy" promotional vehicles, by virtue of being self-propelled vehicles with a cab, a rear showroom, and a series of movable panels that open to reveal a display area, incorporate the patented invention (Compl. ¶¶ 21, 29-32).

III. The Accused Instrumentality

• Product Identification: "Aardy" vehicles supplied by Aardvark Event Logistics, Inc. (Compl. ¶21).
• Functionality and Market Context: The complaint alleges that Defendants T-Mobile and Samsung used the accused Aardy vehicles for various promotional campaigns, such as the "East Coast Program" and the "Galaxy Program" (Compl. ¶¶ 22-23). The vehicles are described as self-propelled with a cab and a rear showroom structure (Compl. ¶30). This structure allegedly includes a frame, a display platform, and a series of movable panels on three sides (Compl. ¶¶ 31-32). According to the complaint, these panels can be moved from a closed position to a raised or open position, which makes the display platform "open to the air on at least three sides" and allows consumers to interact with products like computer or television screens (Compl. ¶33). The complaint alleges these vehicles were used to secure new customers and generate sales (Compl. ¶98).

IV. Analysis of Infringement Allegations

The complaint alleges that the "Aardy" vehicles infringe claim 1 of each of the patents-in-suit (Compl. ¶25). The core allegations are summarized in the tables below. The complaint references photographic evidence in Exhibit 5, which reportedly shows an accused T-Mobile vehicle with its panels raised to create an open-air display (Compl. ¶¶ 24, 29).

’461 Patent Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
(a) a self-propelled moving vehicle, said self-propelled moving vehicle comprising a cab and a showroom, said showroom being provided behind said cab	The accused products are self-propelled moving vehicles with a cab at the front and a showroom provided behind the cab.	¶30	col. 3:9-12
(b) said showroom comprising a frame and a display platform, said frame and display platform defining an internal display area	The backs of the accused products include a frame and a display platform, which together define an internal display area.	¶31	col. 4:65-68
(c) said self-propelled moving vehicle comprising a series of panels affixed to said frame...comprising a panel on the left side...a panel on the right side...and a panel at the rear	The accused products have a series of panels affixed to the frame, including panels on the left side, right side, and rear of the showroom.	¶32	col. 4:63-65
(e) wherein each of said panels is movable, such that said panels have a lowered position and a raised position	Each of the panels on the accused products is movable between a lowered or closed position and a raised or open position.	¶32	col. 5:1-4
(g) wherein said display platform is open to the air on at least three sides when said series of panels are all in said raised position...a consumer can reach in...to touch any products	The display platforms are open to the air on at least three sides when the panels are all in the raised position, allowing a consumer to reach in from the left, right, and rear to touch products positioned on the display platform, such as computer or television display screens.	¶33	col. 4:10-27
(h) wherein advertising is provided on...at least one of said panels when said panels are in said raised position, such that said panel serves as a vertical billboard above said display platform and above said roof of said showroom	Advertising is provided on the front of at least one of the panels when they are in the raised position, such that the panel serves as a vertical billboard above the display platform and the roof of the showroom.	¶34	col. 5:21-27

’854 Patent Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
(a) a self-propelled moving vehicle, said self-propelled moving vehicle comprising a cab and a showroom, said showroom being provided behind said cab	The accused products are self-propelled moving vehicles having a cab at the front of the vehicle and a showroom provided behind the cab.	¶30	col. 3:26-29
(b) said showroom comprising a display area	The backs of the accused products include a frame and a display platform, defining an internal display area.	¶31	col. 4:1-2
(c) said showroom further comprising a series of panels...comprising a panel on the left side...a panel on the right side...and a panel at the rear side...	The accused products include a panel on the left side, a panel on the right side, and a panel at the rear of the showroom.	¶32	col. 4:46-49
(d) wherein each of said panels is movable, such that each of said panels has a closed position and an open position	Each of the panels on the accused products is movable, having a lowered or closed position and a raised or open position.	¶32	col. 5:1-5
(e) wherein said display area is open to the air when one or more of said panels is in said open position, such that a consumer can reach in to touch products...	The display platforms are open to the air when the panels are in the raised position, allowing a consumer to reach in and touch products on the display platform.	¶33	col. 4:25-33

Identified Points of Contention

• Scope Questions: A potential dispute may arise over the term "showroom." While the complaint alleges the accused vehicles have a "showroom," a court may need to construe whether the specific open-air platform of the Aardy vehicle meets the definition as contemplated in the patents, which also describe it in the context of a "mobile kiosk" or "mobile store" (’461 Patent, col. 2:1-2).
• Technical Questions: For the ’461 Patent, a key factual question will be whether the raised panels of the accused vehicle function as a "vertical billboard above said display platform and above said roof of said showroom" (Claim 1(h)). The infringement analysis may turn on evidence of the precise height, position, and function of the accused panels relative to the vehicle's roofline, as compared to the configuration described and depicted in the patent (’461 Patent, Fig. 2).

V. Key Claim Terms for Construction

• The Term: "showroom" (asserted in all three patents)

  • Context and Importance: This term is foundational to the claimed invention. Its construction will determine whether the rear portion of the accused "Aardy" vehicle, which functions as an open product display area, falls within the scope of the claims.
  • Intrinsic Evidence for a Broader Interpretation: The specification describes the showroom as an "internal show or display area 48" which is defined by a "frame 40 in combination with display platform 46 and lower frame 43" (’461 Patent, col. 4:65-68). This structural definition could support an interpretation covering any vehicle-based area configured for product display.
  • Intrinsic Evidence for a Narrower Interpretation: The patents describe the invention as a "moving showroom, mobile kiosk, or mobile store" (’461 Patent, Abstract). A defendant might argue that "showroom" implies a more integrated or enclosed structure than the allegedly open platform of the accused product, potentially pointing to embodiments showing specific product mounts and background displays (’461 Patent, Fig. 2).

• The Term: "vertical billboard above said display platform and above said roof of said showroom" (’461 Patent, Claim 1(h))

  • Context and Importance: This limitation defines a specific spatial and functional characteristic of the raised panels in the ’461 Patent. Infringement of this claim hinges on whether the accused vehicle's raised panels meet these specific height and purpose requirements. Practitioners may focus on this term because it appears to be a clear point of differentiation from a simple raised wall.
  • Intrinsic Evidence for a Broader Interpretation: The patent states that when panels "extend vertically above the roof, they can serve as a vertical billboard" for advertising that can be read at a distance (’461 Patent, col. 5:23-27). This functional description could be argued to cover any raised panel that displays advertising and is positioned above the primary display.
  • Intrinsic Evidence for a Narrower Interpretation: The patent figures depict the panels extending significantly above the height of the vehicle's roof (’461 Patent, Fig. 2). A defendant could argue this limitation requires the panel to function as a distinct, elevated sign, rather than merely forming a high wall, and that the "above said roof" language requires a clear vertical separation that may not be present in the accused vehicle.

VI. Other Allegations

• Indirect Infringement: The complaint alleges inducement of infringement, stating that Defendants engaged in an "affirmative act to encourage the manufacturer of the accused product to manufacture the accused product" (Compl. ¶112). This appears to target Defendants' role in commissioning the "Aardy" vehicles from Aardvark Event Logistics.
• Willful Infringement: The complaint includes extensive allegations of willful infringement based on both pre- and post-notice conduct. It alleges pre-suit knowledge based on Defendants' prior use of Plaintiff's own patented vehicles for marketing campaigns (Compl. ¶¶ 72, 85). The complaint quotes alleged T-Mobile agency correspondence describing the accused Aardy vehicle as a "close rendition of the Bobcar" and "Very comparable to the Bobcar" as evidence of intent to copy (Compl. ¶¶ 75-76). It further alleges that Defendants continued their infringing activities after Plaintiff sent notice letters in May 2016 (Compl. ¶¶ 92-93).

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

• A core issue will be one of factual comparison undergirded by intent: given the alleged prior business relationship and internal communications describing the accused vehicle as "very comparable" to Plaintiff's patented vehicle, what evidence will show that the accused vehicle's structure and function are not just conceptually similar but meet the specific, granular limitations of the asserted claims?
• A key legal question will be one of definitional scope: can the term "showroom" be construed to read on the specific open-air display configuration of the accused vehicles, and does a raised panel on the accused vehicle satisfy the specific positional and functional requirements of being a "vertical billboard above said...roof" as recited in Claim 1 of the ’461 Patent?
• An evidentiary question central to damages will be one of willfulness: what evidence will demonstrate that Defendants, particularly in light of their alleged prior use of Plaintiff's products and subsequent commissioning of a "comparable" vehicle, acted with the requisite knowledge and intent to support a finding of willful infringement?