DCT

2:17-cv-00317

Better Mouse Co LLC v. Razer USA Ltd

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:17-cv-00317, E.D. Tex., 04/14/2017
  • Venue Allegations: Plaintiff alleges venue is proper because Defendant has transacted business and committed acts of patent infringement in the Eastern District of Texas.
  • Core Dispute: Plaintiff alleges that Defendant’s computer gaming mice, which feature on-device hardware controls for adjusting cursor sensitivity (DPI), infringe a patent related to setting mouse resolution without the use of external computer software.
  • Technical Context: The technology relates to computer peripherals, specifically gaming mice, where users often require the ability to rapidly change cursor sensitivity "in-game" for different tasks like precise aiming versus fast movement.
  • Key Procedural History: The complaint does not mention any prior litigation, Inter Partes Review (IPR) proceedings, or licensing history related to the patent-in-suit.

Case Timeline

Date Event
2004-05-05 U.S. Patent No. 7,532,200 Priority Date
2009-05-12 U.S. Patent No. 7,532,200 Issued
2017-04-14 Complaint Filed

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

  • Patent Identification: US7532200B2, "Apparatus for Setting Multi-Stage Displacement Resolution of a Mouse," issued May 12, 2009.

The Invention Explained

  • Problem Addressed: The patent describes the inconvenience of prior art methods for adjusting a computer mouse's resolution (sensitivity) ('200 Patent, col. 1:15-33). These methods required users to install and navigate a software driver or tool on the host computer, a process that could be cumbersome, require technical knowledge, or be impossible if the driver software was lost (Compl. ¶7; ’200 Patent, col. 1:24-33).
  • The Patented Solution: The invention is an apparatus within the mouse itself that allows a user to directly set the resolution using a physical switch on the mouse's body ('200 Patent, Abstract). This switch is coupled to a microcontroller inside the mouse, which determines the new resolution based on the switch's state, stores that resolution value in an internal register, and then controls cursor movement based "directly" on that stored value, all without interacting with a software driver on the connected computer ('200 Patent, col. 2:35-55, Fig. 1).
  • Technical Importance: This approach allows a user to adjust mouse sensitivity "on-the-fly" and independently of the host computer's software environment, which is particularly advantageous in scenarios like competitive gaming (Compl. ¶6).

Key Claims at a Glance

  • The complaint asserts infringement of at least independent Claim 6 (Compl. ¶11).
  • The essential elements of Claim 6 are:
    • An X-Y axis plane displacement detector for sensing mouse movement.
    • An "N-stage switch" for setting a resolution value, having a switching button that can be manually switched to one of N positions, thereby activating a resolution setting pin.
    • A mouse microcontroller with a register, coupled to the detector and the switch.
    • The microcontroller performs several functions:
      • Determining the resolution value based on the state of the resolution setting pin.
      • Setting a mouse resolution based on this value and storing it in the register.
      • Responding to the detector's movement signals to provide a control signal to the computer.
      • Moving the mouse cursor on the screen "directly based on the resolution value stored in the register."

III. The Accused Instrumentality

Product Identification

  • The complaint identifies the Razer Abyssus Mirror, Orochi 2013, and Ouroboros mice as the accused products (Compl. ¶10).

Functionality and Market Context

  • The accused products are computer mice marketed to gamers, a demographic that values customizable and high-performance peripherals (Compl. ¶6). The complaint highlights specific features that allegedly embody the patented technology. For the Abyssus Mirror, the complaint provides a marketing image describing "Hardware Toggles for DPI and Polling Rate" that allow for "adjustments without the need for any software drivers" (Compl. p.4). A diagram of the Orochi 2013 mouse identifies dedicated "Sensitivity Stage Up" and "Sensitivity Stage Down" buttons (Compl. p.5). For the Ouroboros mouse, the complaint references a "dedicated DPI clutch-trigger" that allows a user to "temporarily increase/decrease the mouse's DPI" in-game (Compl. p.6).

IV. Analysis of Infringement Allegations

Claim Chart Summary

  • The complaint’s allegations in paragraphs 13-17 are mapped against the elements of Claim 6 below.
Claim Element (from Independent Claim 6) Alleged Infringing Functionality Complaint Citation Patent Citation
a X-Y axis plane displacement detector, for sensing a distance and a moving direction generated by the mouse in a two-dimensional space; The accused products are alleged to include a detector, such as the "Razer Precision 4G Laser Sensor" on the Orochi 2013, for sensing movement in a two-dimensional space. ¶13; p.5 col. 4:26-29
an N-stage switch for setting a resolution value, the N-stage switch circuit having a switching button capable of being manually switched to one of positions 1 to N, and accordingly activating a connected resolution setting pin to indicate a state, where N is a positive integer; The products are alleged to include a multi-position switch, such as the "Hardware Toggles for DPI" on the Abyssus Mirror, which can be manually switched to set a resolution value. ¶14; p.4 col. 4:30-36
a mouse micro controller with a register, coupled to the X-Y axis plane displacement detector and the switching circuit, the mouse micro controller determining the resolution value based on the state of the connected resolution setting pins... The products are alleged to include a microcontroller that is coupled to the detector and switch and determines the resolution based on the state of the switch's "resolution setting pins." ¶15 col. 4:37-43
setting a mouse resolution based on the resolution value and storing the resolution value in the register... The microcontroller is alleged to set the mouse resolution according to the selected value and store that value in an internal register. ¶16 col. 4:43-45
the mouse micro controller responding to the distance and moving direction sensed by the X-Y axis plane displacement detector to provide a control signal to a computer... thereby moving the mouse cursor... the mouse cursor being moved directly based on the resolution value stored in the register. The microcontroller is alleged to use the stored resolution value to directly control the cursor's movement on the computer screen in response to physical movement of the mouse. ¶17 col. 4:45-53

Identified Points of Contention

  • Scope Questions: A central dispute may arise over the definition of an "N-stage switch." The patent describes embodiments like DIP switches and a sliding switch ('200 Patent, Fig. 2, Fig. 4). The question will be whether this term can be construed to read on the accused "toggles," "up/down buttons," and "clutch-trigger" (Compl. p.4, p.5, p.6). The "clutch-trigger" on the Ouroboros, which temporarily changes DPI while held down, raises a particular question of whether a momentary, state-dependent function meets the "manually switched to one of positions 1 to N" limitation.
  • Technical Questions: A key evidentiary question will be whether the accused products' cursors are "moved directly based on the resolution value stored in the register." The complaint alleges the products operate "without the need for any software drivers" (Compl. p.4), which supports this limitation. However, a defense could argue that even if a host-PC driver is not needed, the mouse’s internal firmware might perform intermediate processing steps between reading the register and generating the final control signal, raising the question of whether this operation is "direct" as required by the claim.

V. Key Claim Terms for Construction

  • The Term: "N-stage switch"
  • Context and Importance: The nature of the physical switch is core to the invention. The case's outcome may depend on whether the various buttons and toggles on the accused mice fall within the scope of this term. Practitioners may focus on this term because the accused products employ different physical mechanisms (toggles, buttons, a clutch) than the specific DIP-switch embodiment detailed in the patent.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The claim language itself is functional, describing a switch "capable of being manually switched to one of positions 1 to N." This is not limited to a specific structure. The specification also discloses multiple embodiments, including a series of two-position DIP switches ('200 Patent, Fig. 2) and a single sliding "N-stage switch 31" ('200 Patent, Fig. 4), which may support a construction covering any hardware interface that allows a user to select from N discrete resolution levels.
    • Evidence for a Narrower Interpretation: A party could argue that the term implies a switch that remains in a selected physical position (like a DIP or slider switch) and might not cover the momentary press of an "up/down" button or a "clutch-trigger" that reverts its state upon release. The patent repeatedly describes determining resolution based on the "state of the switching circuit," which could be argued to imply a persistent, rather than a transient, state ('200 Patent, col. 3:40-44).

VI. Other Allegations

Indirect Infringement

  • The complaint does not contain specific factual allegations to support claims of induced or contributory infringement.

Willful Infringement

  • The complaint does not allege any facts regarding pre-suit knowledge of the patent by the Defendant. The prayer for relief includes a request for enhanced damages under 35 U.S.C. § 284, but this is not supported by specific factual pleadings of egregious or willful conduct in the body of the complaint (Compl. ¶c, p.8).

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

  • A core issue will be one of definitional scope: can the claim term "N-stage switch," which is exemplified in the patent by DIP and slider switches, be construed to cover the different physical interfaces on the accused products, including two-position toggles, separate up/down sensitivity buttons, and a momentary "clutch-trigger"?
  • A key evidentiary question will be one of technical operation: does the accused mice's firmware move the cursor "directly based on the resolution value stored in the register" as claimed, or does it involve intermediate software-based calculations or logic that could distinguish its operation from the patent's teachings and potentially avoid infringement? The answer will depend on a detailed analysis of the accused products' internal source code and hardware.