DCT
2:20-cv-00107
Sovereign Peak Ventures LLC v. LG Electronics Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Sovereign Peak Ventures, LLC (Texas)
- Defendant: LG Electronics, Inc. (Korea) and LG Electronics U.S.A., Inc. (Delaware)
- Plaintiff’s Counsel: Bragalone Conroy PC
- Case Identification: 2:20-cv-00107, E.D. Tex., 05/07/2020
- Venue Allegations: Venue is alleged based on LG Electronics U.S.A., Inc. having regular and established places of business within the Eastern District of Texas, and based on LG Electronics, Inc. being a foreign corporation subject to the alien-venue rule.
- Core Dispute: Plaintiff alleges that certain LG mobile phones and televisions infringe seven U.S. patents related to wireless network communication, parallel video processing, and augmented reality image manipulation.
- Technical Context: The asserted patents cover technologies fundamental to modern smart devices, including methods for managing handovers in heterogeneous cellular networks, efficiently decoding high-definition video, and overlaying virtual objects onto real-world images.
- Key Procedural History: This is an amended complaint. The complaint alleges that for several of the patents-in-suit, LG had disclosed the associated patent families to the USPTO during the prosecution of its own patents, which may be used to suggest pre-suit awareness of the technology.
Case Timeline
| Date | Event |
|---|---|
| 2002-11-07 | ’658 Patent Priority Date |
| 2006-11-07 | ’658 Patent Issue Date |
| 2007-07-19 | ’723 Patent Priority Date |
| 2007-10-26 | ’152 Patent Priority Date |
| 2008-06-10 | ’457 Patent Priority Date |
| 2008-12-03 | ’453 Patent Priority Date |
| 2009-03-16 | ’569 Patent Priority Date |
| 2010-10-04 | ’059 Patent Priority Date |
| 2013-02-12 | ’152 Patent Issue Date |
| 2013-05-14 | ’569 Patent Issue Date |
| 2013-06-18 | ’723 Patent Issue Date |
| 2014-07-29 | ’453 Patent Issue Date |
| 2015-05-26 | ’457 Patent Issue Date |
| 2016-08-09 | ’059 Patent Issue Date |
| 2020-04-14 | Plaintiff alleges LG received notice of infringement via letter |
| 2020-04-16 | Original complaint served |
| 2020-05-07 | Amended Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,374,152 - "Cell Selection System, Cell Selection Method, and Mobile Terminal"
- Patent Identification: U.S. Patent No. 8,374,152, "Cell Selection System, Cell Selection Method, and Mobile Terminal," issued February 12, 2013.
The Invention Explained
- Problem Addressed: In heterogeneous wireless networks where a large primary cell (e.g., a mobile phone network) encompasses numerous smaller secondary cells (e.g., WLAN hot spots), including detailed cell selection information for every secondary cell within the primary cell's broadcast information would create an excessive amount of data and be inefficient. (’152 Patent, col. 3:48-66).
- The Patented Solution: The invention proposes a system where the primary cell broadcasts cell selection information containing a "common parameter" applicable to all secondary cells. Each secondary cell then broadcasts its own "individual parameter." A mobile terminal uses both the common parameter from the primary cell and the individual parameter from a secondary cell to judge whether to change cells, thereby reducing the data load in the primary cell's broadcast. (’152 Patent, Abstract; col. 4:21-51).
- Technical Importance: This method aims to streamline network selection and handovers in increasingly dense and complex wireless environments, where devices must navigate between different radio access technologies like LTE and Wi-Fi. (Compl. ¶¶22-23).
Key Claims at a Glance
- The complaint asserts independent claim 9 (Compl. ¶38).
- Claim 9 requires a mobile terminal comprising:
- A first broadcast information receiver for receiving broadcast information from a first cell, which includes a "common parameter" for judging cell selection for all second cells.
- A second broadcast information receiver for receiving broadcast information from a second cell, which includes an "individual parameter."
- A first broadcast information processor for reading the common parameter.
- A second broadcast information processor for reading the individual parameter.
- A cell change controller that uses both parameters to judge whether to change the communication connection from the first cell to the second cell.
- The complaint does not explicitly reserve the right to assert dependent claims for this patent.
U.S. Patent No. 8,442,569 - "Radio Reception Apparatus, Radio Transmission Apparatus, and Radio Communication Method"
- Patent Identification: U.S. Patent No. 8,442,569, "Radio Reception Apparatus, Radio Transmission Apparatus, and Radio Communication Method," issued May 14, 2013.
The Invention Explained
- Problem Addressed: For a mobile device operating in a network that uses a secondary communication system (e.g., LTE-Advanced using unlicensed spectrum) in addition to a primary one (e.g., standard LTE), a method is needed to measure the channel quality of the secondary system to provide feedback for efficient data transmission. (’569 Patent, col. 1:15-46).
- The Patented Solution: The invention describes a method where a radio reception apparatus (a mobile device) acquires "distribution resource information" for a second reference signal associated with the secondary system. These resources are "distributed type," meaning the resource units are divided in time and allocated at predetermined frequency intervals. The device receives this second reference signal, measures the channel quality based on it, and transmits feedback to the base station. (’569 Patent, Abstract; col. 2:48-67).
- Technical Importance: This technology facilitates advanced cellular features like carrier aggregation, where licensed and unlicensed frequency bands are combined to increase data rates, by creating a structured method for managing channel quality reporting on the secondary channel. (Compl. ¶¶23, 58).
Key Claims at a Glance
- The complaint asserts independent claim 11 (Compl. ¶56).
- Claim 11 recites a radio communication method comprising the steps of:
- Acquiring distribution resource information for a second reference signal where resources are of a "distributed type."
- Receiving a signal containing the second reference signal.
- Measuring the channel quality of a transmission channel using that second reference signal.
- Transmitting feedback information containing the measured channel quality information.
- The complaint does not explicitly reserve the right to assert dependent claims for this patent.
U.S. Patent No. 8,467,723 - "Base Station Apparatus, Mobile Apparatus, and Communication Method"
- Patent Identification: U.S. Patent No. 8,467,723, "Base Station Apparatus, Mobile Apparatus, and Communication Method," issued June 18, 2013.
- Technology Synopsis: The patent addresses handovers between different radio access technologies (inter-RAT). It describes a method where a mobile device, while using a first RAT (e.g., LTE), detects it is within an area covered by a second, different RAT (e.g., 3G). The device sends "notification information" to the base station of the first RAT, which then uses that information to control the handover to the second RAT.
- Asserted Claims: Independent claim 9 (Compl. ¶73).
- Accused Features: LG phones that perform inter-RAT handovers, such as switching a connection from an E-UTRAN (LTE) network to a UTRAN or GERAN (3G) network (Compl. ¶74).
U.S. Patent No. 8,792,453 - "Secure Tunnel Establishment Upon Attachment or Handover to an Access Network"
- Patent Identification: U.S. Patent No. 8,792,453, "Secure Tunnel Establishment Upon Attachment or Handover to an Access Network," issued July 29, 2014.
- Technology Synopsis: The patent discloses a method for a mobile device to establish a secure tunnel to a trusted gateway (e.g., an ePDG for non-3GPP access). The device maintains a "reachability list" containing data on known gateways and their accessibility through various networks. It uses this list to determine a reachable gateway and establish a secure tunnel.
- Asserted Claims: Independent claim 1 (Compl. ¶88).
- Accused Features: LG mobile phones that establish secure IPsec tunnels to an evolved packet data gateway (ePDG) when attaching to a target access network, allegedly using a pre-configured reachability list to do so (Compl. ¶¶89-91).
U.S. Patent No. 9,042,457 - "Image Decoding Apparatus and Image Coding Apparatus with Parallel Decoding"
- Patent Identification: U.S. Patent No. 9,042,457, "Image Decoding Apparatus and Image Coding Apparatus with Parallel Decoding," issued May 26, 2015.
- Technology Synopsis: The patent describes a method for parallel video decoding to improve processing speed. The method involves a processor first performing variable length decoding on groups of image blocks to generate "block decoding information." This information, which may contain parameters necessary for decoding other blocks, is then used to decode multiple block groups in parallel.
- Asserted Claims: Independent claim 7 (Compl. ¶103).
- Accused Features: LG devices, such as the LG V40 with a Qualcomm SD845 processor, that support video decoding standards like H.265 (HEVC) and utilize frameworks like OpenCL to perform parallel decoding of a coded stream on a block-by-block basis (Compl. ¶¶103-106). A product brief for the Snapdragon 845 platform included in the complaint highlights its support for H.265 (HEVC) and OpenCL 2.0 (Compl. ¶103, p. 37).
U.S. Patent No. 9,414,059 - "Image Processing Device, Image Coding Method, and Image Processing Method"
- Patent Identification: U.S. Patent No. 9,414,059, "Image Processing Device, Image Coding Method, and Image Processing Method," issued August 9, 2016.
- Technology Synopsis: The patent discloses an image processing method for performing multiple processes on a coded video stream using pipelining. The method involves dividing an image into plural "coding unit blocks" of at least two different sizes. A control step then causes the plural processes to be executed on the coded stream, which has been partitioned into processing unit blocks of a uniform size to facilitate efficient pipelining.
- Asserted Claims: Independent claim 15 (Compl. ¶120).
- Accused Features: LG phones with Adreno GPUs that allegedly perform pipelined, parallel video decoding (e.g., wavefront parallel processing) on a coded bitstream that is divided into slices and blocks (Compl. ¶¶120-122). The complaint includes a document excerpt stating that "Adreno GPUs support up to 16 waves" that can be pipelined (Compl. ¶25, p. 12).
U.S. Patent No. 7,133,658 - "Method and Apparatus for Image Processing"
- Patent Identification: U.S. Patent No. 7,133,658, "Method and Apparatus for Image Processing," issued November 7, 2006.
- Technology Synopsis: The patent describes a method for augmented reality applications. The method involves detecting the position of a human body part in an input image, determining a point of origin and a "move locus" for a local coordinate system of an "ornament image" based on the detected position, determining arrangement information, and composing an output image by combining the ornament and input images.
- Asserted Claims: Independent claim 1 (Compl. ¶135).
- Accused Features: The "AR Sticker" application in LG phones, which allegedly uses Qualcomm's AI Engine to detect a user's facial feature (e.g., nose), determine placement for a sticker (ornament image), and superimpose it onto the user's face in the image, with the sticker tracking the user's movement (Compl. ¶¶135-138). Screenshots from an LG user guide show the "AR Sticker" feature overlaying antlers on a user's face (Compl. ¶27, p. 12).
III. The Accused Instrumentality
Product Identification
- The Accused Products are various LG mobile phones and, for certain patents, LG televisions (Compl. ¶13). Specific phone models named include the LG V-series (V20 through V60), G-series (G5 through G8), and Q-series, among others (Compl. ¶13).
Functionality and Market Context
- The complaint targets three main categories of functionality in LG's devices:
- Wireless Communication: LTE-enabled phones configured for Licensed Assisted Access (LAA) and inter-Radio Access Technology (inter-RAT) handovers (Compl. ¶13). This functionality allows phones to aggregate licensed and unlicensed spectrum for higher data speeds and to seamlessly transition between different network types like 4G LTE and 3G.
- Video Processing: Display devices, including mobile phones and televisions, configured to support video coding operations such as H.265 (HEVC) using processors like the Qualcomm Snapdragon with Adreno GPUs (Compl. ¶¶13, 24-25). This enables efficient decoding of high-definition video streams.
- Augmented Reality: Mobile phones with processors configured to provide augmented reality features, specifically the "AR Sticker" application, which uses a neural network like Qualcomm's AI Engine (Compl. ¶¶13, 27-28). The complaint alleges these features perform AI vision applications by detecting body parts and overlaying ornament images (Compl. ¶¶29-31).
IV. Analysis of Infringement Allegations
’152 Patent Infringement Allegations
| Claim Element (from Independent Claim 9) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a mobile terminal used in a network having a first cell using a first communication protocol and a plurality of second cells which are included in the first cell and use a second communication protocol which is different from that for the first cell, the mobile terminal supporting communications using the first and second communication protocols in both the first and second cells | The Accused Products are mobile phones configured to operate in LTE cells (first cell) that include a plurality of LAA cells (second cells), with LTE and LAA using different communication protocols. | ¶39 | col. 4:21-30 |
| a first broadcast information receiver for receiving broadcast information of the first cell including cell selection information comprising a common parameter that is commonly used for a judgment on cell selection of all the second cells | The Accused Products include first receiver circuitry configured to receive cell selection information over licensed LTE spectrum, which comprises a common parameter for cell selection of all the LAA cells. | ¶40 | col. 4:31-36 |
| a second broadcast information receiver for receiving broadcast information of one of the second cells including an individual parameter that is individually used for a judgment on cell selection of a second cell | The Accused Products include second receiver circuitry configured to receive an individual parameter over unlicensed LTE spectrum from an LAA cell, which is used for judgment on cell selection of that cell. | ¶41 | col. 4:37-41 |
| a first broadcast information processor for reading the common parameter from the broadcast information of the first cell | The Accused Products include a multi-core baseband processor where a processor core reads the common parameter from the LTE cell's broadcast information. | ¶42 | col. 4:42-44 |
| a second broadcast information processor for reading the individual parameter from the broadcast information of the second cell | The Accused Products include a multi-core baseband processor where a processor core reads the individual parameter from the LAA cell's broadcast information. | ¶43 | col. 4:45-47 |
| a cell change controller for judging by the common and individual parameters whether to change a communication connection of the mobile terminal from the first cell to the second cell | The Accused Products include a baseband processor programmed to judge, using the common and individual parameters, whether to change a communication connection from the LTE cell to the LAA cell. | ¶44 | col. 4:48-51 |
- Identified Points of Contention:
- Scope Questions: A central question may be whether the hardware components cited by the complaint, such as "first receiver circuitry" and "second receiver circuitry" illustrated with distinct receive paths, perform the specific functions of the claimed "first broadcast information receiver" and "second broadcast information receiver" (Compl. ¶¶40-41). The analysis may focus on whether this structural allegation maps to the functional language of the claim.
- Technical Questions: The complaint alleges the existence of a "common parameter" and an "individual parameter" (Compl. ¶¶40-41). A key factual question will be what these parameters are in the accused system and whether the alleged "common parameter" is, in fact, "commonly used for a judgment on cell selection of all the second cells" as required by the claim.
’569 Patent Infringement Allegations
| Claim Element (from Independent Claim 11) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A radio communication method...which performs communication by using a plurality of resources defined in a frequency-time domain... | The Accused Products are mobile phones that receive radio communication from an LTE cell and use a plurality of resources defined in a frequency-time domain. | ¶57 | col. 16:51-55 |
| acquiring distribution resource information for a second reference signal...in a case where distributed type resources...are used as resources for the second reference signal | The modem in the Accused Products acquires distribution resource information ("DRS") as a reference signal for a secondary cell (SCell) that uses distributed type resources. | ¶58 | col. 16:56-66 |
| receiving a signal containing the second reference signal transmitted from the transmission apparatus | The Accused Products include an LTE modem with an RF transceiver configured to receive the second reference signal from the base station. | ¶59 | col. 17:1-3 |
| measuring a channel quality of a transmission channel by using the second reference signal that is allocated in the distributed type resources on the basis of the distribution resource information | The LTE modem and processor in the Accused Products measure the channel quality of a transmission channel using the received DRS from the LAA SCell. | ¶60 | col. 17:4-7 |
| transmitting feedback information containing channel quality information indicative of the channel quality, to the transmission apparatus | The LTE modem in the Accused Products includes an RF transceiver that transmits feedback information containing channel quality information to the base station. | ¶61 | col. 17:8-11 |
- Identified Points of Contention:
- Scope Questions: The claim requires the use of "distributed type resources in which a resource unit defined in the frequency-time domain is divided in a time direction and distributedly allocated at predetermined frequency intervals." A potential point of contention will be whether the resource allocation for the "DRS" in the accused system meets this specific structural definition of "distributed type resources."
- Technical Questions: The complaint alleges that the modem and processor "measure a channel quality" using the received DRS (Compl. ¶60). A technical question for the case will be to determine the precise mechanism by which channel quality is measured in the accused devices and whether it relies on the DRS in the manner claimed.
V. Key Claim Terms for Construction
For the ’152 Patent
- The Term: "common parameter that is commonly used for a judgment on cell selection of all the second cells" (Claim 9)
- Context and Importance: This term is central to the inventive concept of improving efficiency. The infringement analysis will depend on whether the parameter identified in the accused system is truly "common" and used for judging selection of "all" secondary cells. A defendant may argue that any parameter used is either not common to all cells or is used for a different purpose than cell selection judgment.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification states that the cell selection information "has cell change judgment parameters whose patterns are less than the number of the second cells," suggesting the key is reducing data volume, which could support a broader reading of what constitutes a "common parameter." (’152 Patent, col. 4:2-5).
- Evidence for a Narrower Interpretation: The Background Art section discusses specific, conventional cell reselection parameters like "Treselection" and "Qhyst." (’152 Patent, col. 3:1-14). A party might argue that "common parameter" should be construed in light of these known types of parameters, potentially narrowing its scope to parameters of a similar technical nature.
For the ’569 Patent
- The Term: "distributed type resources" (Claim 11)
- Context and Importance: The nature of the resources used for the second reference signal is a key technical limitation. Practitioners may focus on this term because if the accused system allocates resources in a non-distributed manner (e.g., in a single, contiguous block), it would fall outside the claim's scope.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The abstract describes the resources as those where "a resource unit...is divided in a time direction and distributedly allocated at predetermined frequency intervals," which could be read to encompass various non-contiguous allocation schemes. (’569 Patent, Abstract).
- Evidence for a Narrower Interpretation: The detailed description and figures may show specific hopping patterns or allocation schemes for the "DVRB resources." For example, Figure 3 illustrates a specific pattern of resource blocks being allocated across different sub-frames. A party could argue that "distributed type resources" should be limited to the specific types of distributed allocation disclosed in these embodiments. (’569 Patent, Fig. 3).
VI. Other Allegations
- Indirect Infringement: The complaint alleges inducement of infringement against LG for all asserted patents. The basis for these allegations includes LG's creation of advertisements, user manuals, and instructions that allegedly promote the infringing use of the Accused Products, as well as maintaining distribution channels and providing technical support for these products in the United States (Compl. ¶¶47, 64, 79, 94, 111, 126, 142).
- Willful Infringement: The complaint alleges willful infringement for all asserted patents. The allegations are based on LG's alleged knowledge of the patents since at least April 14, 2020, when it received a notice letter. For several patents, the complaint further alleges that LG may have been aware of the patent families prior to this date because LG disclosed them to the USPTO during the prosecution of its own patent applications (Compl. ¶¶46, 48, 63, 78, 93, 110, 141).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of technical implementation: does the high-level functionality of the Accused Products, such as "AR Sticker" or support for "LAA," operate using the specific technical methods and structures required by the asserted claims? For example, does the AR application determine a "local coordinate system" as claimed by the ’658 patent, or does the LAA feature utilize a "common parameter" for cell selection as claimed by the ’152 patent?
- A key evidentiary question will be one of system interaction: for the wireless communication patents, what specific information do the accused LG phones actually receive from and transmit to third-party network base stations during operation? The infringement analysis will depend on evidence showing that the specific "distribution resource information" (’569 patent) or "notification information" (’723 patent) is actually exchanged and processed as claimed.
- A central question for the video processing patents will be one of architectural equivalence: do the parallel processing and pipelining methods allegedly used by the Adreno GPUs in the accused devices map onto the specific claim limitations regarding "block decoding information" (’457 patent) and the controlled execution of "plural first processes" on partitioned blocks (’059 patent), or is there a fundamental mismatch in the underlying technical architecture?