DCT
1:19-cv-00046
Anuwave LLC v. Entergy Texas Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Anuwave LLC (Texas)
- Defendant: Entergy Texas, Inc. (Texas)
- Plaintiff’s Counsel: Ferraiuoli LLC
- Case Identification: 1:19-cv-00046, E.D. Tex., 01/30/2019
- Venue Allegations: Venue is asserted on the basis that the Defendant is a resident of the Eastern District of Texas.
- Core Dispute: Plaintiff alleges that Defendant’s "Entergy Texting" service infringes a patent related to methods for enabling interactive, menu-driven communication with services over a standard SMS channel.
- Technical Context: The technology enables application-like user experiences on mobile devices using only SMS messaging, avoiding the need for more costly or less available IP-based data connections like WAP or GPRS.
- Key Procedural History: The complaint notes that Anuwave is the current owner of the patent by assignment. No other procedural events, such as prior litigation or administrative challenges to the patent, are mentioned.
Case Timeline
| Date | Event |
|---|---|
| 2006-08-03 | '862 Patent Priority Date |
| 2012-10-23 | '862 Patent Issued |
| 2019-01-30 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
- Patent Identification: U.S. Patent No. 8,295,862, Method and system to enable communication through SMS communication channel, issued October 23, 2012. (Compl. ¶8).
The Invention Explained
- Problem Addressed: The patent addresses the limitations of using SMS for mobile commerce and other services. It notes that requiring users to remember and manually type specific text commands is a "tedious process," and that many advanced mobile applications require IP-based data connections (like GPRS) that may be unavailable or costly for the user. (’862 Patent, col. 1:17-52).
- The Patented Solution: The invention describes a "network aware application" (NWA) running on a mobile device, managed by a "middleware" layer. This system intercepts messages and allows the NWA to present a user-friendly interface, such as a menu of services. The user's selections are converted into the necessary SMS command, sent to a gateway, and the response is then decoded and rendered back to the user in a graphical format, creating an interactive experience over the basic SMS channel. (’862 Patent, Abstract; col. 2:4-27). This process is illustrated in the patent's Figure 1 flowchart.
- Technical Importance: This approach aimed to provide richer, application-like functionality on mobile devices without relying on an internet connection, thereby broadening the availability of interactive mobile services. (’862 Patent, col. 1:53-58).
Key Claims at a Glance
- The complaint asserts independent claim 7. (Compl. ¶¶14, 24). The patent also contains independent claim 1. (Compl. ¶10).
- Independent Claim 7 recites the essential elements of a method:
- listing all services at a terminal station available with an SMS gateway according to meta information available at the terminal station;
- upon selecting a service, a network aware application configured to allow a user to type in a desired parameter;
- upon user entering the desired parameter, submitting a request to the SMS gateway;
- the SMS gateway responding back with a response;
- wherein the desired parameter is not listed at the terminal station.
- The complaint notes the patent contains five dependent claims, but none are specifically asserted. (Compl. ¶10).
III. The Accused Instrumentality
Product Identification
- The "Entergy Texting" solution. (Compl. ¶14).
Functionality and Market Context
- The complaint alleges the Accused Instrumentality is a service that allows Defendant's customers to "quickly access and manage your account, report outages, and more" using text message commands sent from a mobile phone to a short code, 368374. (Compl. ¶14; p. 4 visual). A screenshot in the complaint shows various available text commands, including "INFO" to get a list of commands, "PAUSE" to temporarily turn off alerts, and "HELP" for information. (Compl. p. 5 visual). Users can allegedly register their device by texting "reg/nick" followed by an account number or other identifier. (Compl. ¶16).
IV. Analysis of Infringement Allegations
'862 Patent Infringement Allegations
| Claim Element (from Independent Claim 7) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| listing all services at a terminal station that are available with an SMS gateway according to meta information available at the terminal station; | When a user texts "INFO" to the short code, the system allegedly responds with a list of all available SMS services and their corresponding commands. The complaint alleges this list is based on "meta information" such as the user's linked account and preferences. | ¶15 | col. 6:67-7:2 |
| upon selecting a service, a network aware application configured to allow a user to type in a desired parameter; | The complaint identifies the "network aware application" as a mobile device's standard SMS client. It alleges this application is configured to allow a user to type a desired parameter, such as an account number or zip code after selecting a service like "reg/nick". | ¶16 | col. 7:3-5 |
| upon user entering the desired parameter, submitting a request to the SMS gateway; and | Upon the user entering and sending the text message containing the service command and the desired parameter, the mobile device allegedly submits a request to the SMS gateway (identified as the SMS service provider's server and Defendant's servers). | ¶17 | col. 7:6-7 |
| the SMS gateway responding back with a response, | After the request is submitted, the SMS gateway allegedly responds by sending the requested information back to the user's mobile device for display. | ¶18 | col. 7:8 |
| wherein the desired parameter is not listed at the terminal station. | The complaint alleges that the user-provided parameter (e.g., account number, zip code, nickname) is not pre-listed on the "terminal station (i.e., 'mobile device')" but is instead provided by the user. | ¶19 | col. 8:1-3 |
- Identified Points of Contention:
- Scope Questions: A primary question may be whether a standard, built-in SMS client on a mobile phone can be considered the claimed "network aware application." The patent specification describes this application as being managed by "middleware" and distinct from a "standard SMS module," suggesting a more specialized program. (’862 Patent, col. 2:8-12, col. 3:15-22). The complaint’s allegation equates the two. (Compl. ¶16).
- Technical Questions: The infringement theory for the "listing" step raises a question of location. Claim 7 requires listing services according to "meta information available at the terminal station." The complaint alleges the list is based on user account data linked to the device, which may be stored on Defendant's servers. (Compl. ¶15). The court may need to determine if remotely stored data is "available at the terminal station" in the manner contemplated by the patent, which describes the application as being "bundled with a meta information of available SMS based services." (’862 Patent, col. 2:46-48).
V. Key Claim Terms for Construction
The Term: "network aware application"
Context and Importance: This term is central to the invention. The infringement case appears to depend on whether a standard, pre-installed SMS messaging application on a mobile phone meets this definition. Practitioners may focus on this term because the complaint's theory reads on ubiquitous technology, whereas the patent specification appears to describe a more specialized component.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The term is not explicitly defined with a precise boundary in the claims. An argument could be made that any application that communicates over a network is "network aware."
- Evidence for a Narrower Interpretation: The specification consistently distinguishes the "network aware application" (NWA) from the "standard SMS module." (’862 Patent, col. 3:20-22). It is described as an "embedded client" that is "managed by a middleware" and presents a specific interface to the user, suggesting it is more than a generic text client. (’862 Patent, col. 2:9-12; col. 3:28-40).
The Term: "meta information available at the terminal station"
Context and Importance: The location of this "meta information" is critical to the first step of the asserted claim. Whether this information must be stored locally on the user's device or can be accessed from a remote server will likely be a key point of dispute.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The phrase "available at" could be argued to mean "accessible by," which would not preclude the information from being stored on a remote server that the terminal station can query.
- Evidence for a Narrower Interpretation: The plain meaning of "at the terminal station" suggests local storage. This is supported by the specification, which states the "network aware application is bundled with a meta information of available SMS based services" and that a "User Interface Builder" on the device "contains the meta information." (’862 Patent, col. 2:46-48; col. 4:31-36).
VI. Other Allegations
- Indirect Infringement: The complaint does not include a standalone count for indirect infringement. It contains allegations that Defendant enables its customers to use the accused method, but it does not formally plead the required elements of knowledge and intent for inducement or contributory infringement. (Compl. ¶¶14, 20).
- Willful Infringement: The complaint alleges Defendant had knowledge of its infringement "at least as of the service of the present complaint." (Compl. ¶23). This allegation, if proven, would only support a claim for post-filing willfulness, as no facts suggesting pre-suit knowledge are alleged.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "network aware application," which the patent describes as a specialized component managed by middleware, be construed to cover a generic, pre-installed SMS client on a standard mobile phone, as the complaint alleges?
- A key evidentiary and constructional question will be one of location: does the accused system meet the requirement that services are listed according to "meta information available at the terminal station," or does the system rely on information stored on a remote server in a way that falls outside the claim scope as suggested by the patent's description of a "bundled" application?