DCT

2:23-cv-00061

Dialect LLC v. Samsung Electronics Co Ltd

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:23-cv-00061, E.D. Tex., 02/17/2023
  • Venue Allegations: Venue is alleged to be proper as to Samsung Electronics America, Inc. (SEA) based on its maintenance of a regular and established place of business in Plano, Texas, within the district. Venue is alleged as to Samsung Electronics Co., Ltd. (SEC) on the basis that it is a foreign corporation, for which venue is proper in any judicial district.
  • Core Dispute: Plaintiff alleges that Defendant’s voice-recognition assistant, the Samsung Bixby Platform, as incorporated in smartphones, tablets, and other devices, infringes nine U.S. patents related to natural language understanding and speech processing technology.
  • Technical Context: The technology at issue involves natural language understanding (NLU) and processing, which enables machines to interpret and respond to human speech in a conversational manner, a foundational technology for modern digital assistants.
  • Key Procedural History: The complaint alleges that in or about 2013, Samsung, through a third-party patent dealer, attempted to purchase the patent portfolio that includes the Asserted Patents, but the offer was declined. This allegation is foundational to the plaintiff's claims of pre-suit knowledge and willful infringement.

Case Timeline

Date Event
2002-06-03 Priority Date for ’209, ’738, and ’825 Patents
2004-08-09 Priority Date for ’367, ’327, ’468, ’607, ’652, and ’957 Patents
2008-07-08 U.S. Patent No. 7,398,209 Issues
2009-03-10 U.S. Patent No. 7,502,738 Issues
2011-03-29 U.S. Patent No. 7,917,367 Issues
2012-03-20 U.S. Patent No. 8,140,327 Issues
2012-06-05 U.S. Patent No. 8,195,468 Issues
2013-05-21 U.S. Patent No. 8,447,607 Issues
c. 2013 Samsung allegedly attempts to purchase Asserted Patents
2014 Launch of Samsung Galaxy S5, an Accused Product for the ’327 Patent
2014-09-30 U.S. Patent No. 8,849,652 Issues
2016-11-15 U.S. Patent No. 9,495,957 Issues
2017-08-15 U.S. Patent No. 9,734,825 Issues
2023-02-17 Complaint Filed

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

U.S. Patent No. 7,398,209 - Systems And Methods For Responding To Natural Language Speech Utterance

  • Patent Identification: U.S. Patent No. 7,398,209, "Systems And Methods For Responding To Natural Language Speech Utterance," issued July 8, 2008

The Invention Explained

  • Problem Addressed: The patent’s background section identifies a fundamental incompatibility between human communication and machine processing, noting that humans rely heavily on context and domain knowledge, whereas machine-based queries are "highly structured and are not inherently natural to the human user" (Compl. ¶25; ’209 Patent, col. 1:27-35).
  • The Patented Solution: The invention proposes a system that parses natural language speech to determine its meaning and context, then selects a specialized, autonomous software module called a "domain agent" tailored to that context. This agent then formulates and processes the user's request according to its own grammar, aiming to create a more natural and effective interaction (Compl. ¶25; ’209 Patent, col. 2:48-59). Figure 6 of the patent illustrates this process of parsing a query, selecting an agent, and formatting the query for that agent (Compl. ¶27).
  • Technical Importance: This approach represented a move away from rigid, keyword-based voice command systems toward more flexible, context-aware conversational interfaces. (Compl. ¶25).

Key Claims at a Glance

  • The complaint asserts at least Claim 1, an independent method claim (Compl. ¶72).
  • Claim 1 recites a method comprising the essential elements of:
    • Receiving a natural language speech utterance containing a request.
    • Maintaining a dynamic set of prior probabilities or fuzzy possibilities.
    • Recognizing words and phrases using dictionary and phrase tables.
    • Parsing the words to determine a meaning and a context for the request.
    • Selecting at least one "domain agent," described as an "autonomous executable," based on the determined meaning.
    • Formulating the request according to a grammar used by the selected domain agent.
    • Invoking the domain agent to process the formulated request.
    • Presenting the results of the processed request to the user.
  • The complaint does not explicitly reserve the right to assert dependent claims for the ’209 Patent.

U.S. Patent No. 7,502,738 - Systems And Methods For Responding To Natural Language Speech Utterance

  • Patent Identification: U.S. Patent No. 7,502,738, "Systems And Methods For Responding To Natural Language Speech Utterance," issued March 10, 2009

The Invention Explained

  • Problem Addressed: Similar to the ’209 Patent, the ’738 Patent addresses the technical problem that "human questions and machine processing of queries may be fundamentally incompatible" due to the human reliance on context and the structured nature of machine queries (Compl. ¶30; ’738 Patent, col. 1:26-37).
  • The Patented Solution: The patent describes a system architecture comprising a plurality of "domain agents," a parser to select the appropriate agent based on context, and an event manager to coordinate interactions. A key component of the claimed solution is an "update manager" that enables a user to purchase additional domain agents from a third party, allowing for the system's functionality to be expanded over time (Compl. ¶¶30-31; ’738 Patent, col. 2:63-67). This architecture is depicted in Figure 2 of the patent (Compl. ¶32).
  • Technical Importance: This invention outlines a modular and extensible framework for voice assistants, prefiguring an "app store" model where new capabilities (agents/capsules) can be added to the core system post-purchase. (Compl. ¶31).

Key Claims at a Glance

  • The complaint asserts at least Claim 1, an independent system claim (Compl. ¶104).
  • Claim 1 recites a system comprising the essential elements of:
    • An "agent architecture" that includes a plurality of "domain agents," each being an "autonomous executable."
    • A parser configured to determine a context and meaning from an utterance and select at least one domain agent based on that meaning.
    • An event manager to coordinate interaction between the parser and the agent architecture.
    • An "update manager that enables the user to purchase one or more domain agents from a third party on a one-time or subscription basis."
  • The complaint does not explicitly reserve the right to assert dependent claims for the ’738 Patent.

U.S. Patent No. 7,917,367 - Systems And Methods For Responding To Natural Language Speech Utterance

  • Patent Identification: U.S. Patent No. 7,917,367, "Systems And Methods For Responding To Natural Language Speech Utterance," issued March 29, 2011 (Compl. ¶33).
  • Technology Synopsis: The patent addresses the challenge of creating natural human-machine communication by proposing a system that can manage and synchronize context across multiple devices. It describes a "context manager" that registers a plurality of mobile devices and informs them of "context change events" to maintain a synchronized experience (Compl. ¶¶35-36).
  • Asserted Claims: At least Claim 1 (independent system claim) (Compl. ¶130).
  • Accused Features: The complaint alleges that the Samsung Bixby platform functions as a "context manager" that communicates across multiple registered devices to synchronize user context and provide multi-device experiences (Compl. ¶¶135, 144).

U.S. Patent No. 8,140,327 - System And Method For Filtering And Eliminating Noise From Natural Language Utterances To Improve Speech Recognition And Parsing

  • Patent Identification: U.S. Patent No. 8,140,327, "System And Method For Filtering And Eliminating Noise From Natural Language Utterances To Improve Speech Recognition And Parsing," issued March 20, 2012 (Compl. ¶38).
  • Technology Synopsis: This patent addresses the technical problem of speech recognition in noisy environments. The solution involves a system with a microphone array to capture speech, an adaptive filter to remove noise and echoes, and a speech coder that uses adaptive compression to digitize the signal efficiently for a speech recognition engine (Compl. ¶¶40-41).
  • Asserted Claims: The complaint appears to assert Claim 14, an independent system claim, though it references Claim 1 in its infringement counts (Compl. ¶¶41, 159, 160).
  • Accused Features: Samsung Galaxy devices (since at least the S5 model), Galaxy Buds, and Galaxy Home Mini devices are accused of infringing. The allegations focus on the use of multiple microphones, "beam-forming" technology, adaptive filters for noise cancellation, and adaptive lossy audio codecs (Compl. ¶¶162, 163, 167, 172).

U.S. Patent No. 8,195,468 - Mobile Systems And Methods Of Supporting Natural Language Human-Machine Interactions

  • Patent Identification: U.S. Patent No. 8,195,468, "Mobile Systems And Methods Of Supporting Natural Language Human-Machine Interactions," issued June 5, 2012 (Compl. ¶43).
  • Technology Synopsis: The patent describes a mobile device for processing multi-modal (speech and non-speech) inputs. The system uses a "semantic knowledge-based model," including a "personalized cognitive model" derived from prior user interactions, to create a speech transcription, merge it with the non-speech input, and determine the most likely context to generate a response (Compl. ¶¶45-46).
  • Asserted Claims: At least Claim 1 (independent mobile device claim) (Compl. ¶189).
  • Accused Features: The Samsung Bixby platform is accused of being a system for multi-modal input that uses natural language models and is personalized to the user based on prior usage patterns and interactions to determine context and generate responses (Compl. ¶¶192, 196, 198).

U.S. Patent No. 8,447,607 - Mobile Systems And Methods Of Supporting Natural Language Human-Machine Interactions

  • Patent Identification: U.S. Patent No. 8,447,607, "Mobile Systems And Methods Of Supporting Natural Language Human-Machine Interactions," issued May 21, 2013 (Compl. ¶47).
  • Technology Synopsis: This patent describes a device that processes multi-modal inputs by generating speech and non-speech transcriptions, merging them, and using a "context stack" of prior entries to identify a matching entry. This matching entry is then used to identify a domain agent and determine a request (Compl. ¶¶49-50).
  • Asserted Claims: At least Claim 1 (independent device claim) (Compl. ¶217).
  • Accused Features: The Bixby platform is alleged to process multi-modal inputs, use a cognitive model based on prior user interactions (creating a context stack), merge inputs, and identify the appropriate "capsule" (domain agent) based on the context (Compl. ¶¶222, 228, 230, 232).

U.S. Patent No. 8,849,652 - Mobile Systems And Methods Of Supporting Natural Language Human-Machine Interactions

  • Patent Identification: U.S. Patent No. 8,849,652, "Mobile Systems And Methods Of Supporting Natural Language Human-Machine Interactions," issued September 30, 2014 (Compl. ¶51).
  • Technology Synopsis: The invention addresses situations where recognized words alone are insufficient to determine a command. It describes a system that generates a "context stack" from prior utterances and synchronizes this stack with a second device. It then uses this updated context information, along with recognized words, to determine the user's command or request (Compl. ¶¶53-54).
  • Asserted Claims: At least Claim 1 (independent system claim) (Compl. ¶253).
  • Accused Features: The Bixby platform is accused of processing requests where words alone are insufficient (e.g., a city name shared by multiple locations), using training from prior utterances to build a context stack, and synchronizing context across multiple registered devices (Compl. ¶¶256, 260, 262).

U.S. Patent No. 9,495,957 - Mobile Systems And Methods Of Supporting Natural Language Human-Machine Interactions

  • Patent Identification: U.S. Patent No. 9,495,957, "Mobile Systems And Methods Of Supporting Natural Language Human-Machine Interactions," issued November 15, 2016 (Compl. ¶55).
  • Technology Synopsis: The patent describes a system that generates a "context stack" with multiple "context entries" based on prior utterances. When a new utterance is received, the system compares it to the context entries, generates "rank scores" for them, and uses the highest-ranking entries along with the recognized words to determine the command or request (Compl. ¶¶57-58).
  • Asserted Claims: At least Claim 1 (independent system claim) (Compl. ¶283).
  • Accused Features: The complaint alleges the Bixby platform uses prior utterances to generate a context stack of entries, compares new utterances to these entries, identifies contexts based on a rank score, and determines the final command based on this context (Compl. ¶¶288, 294, 297).

U.S. Patent No. 9,734,825 - Methods And Apparatus For Determining A Domain Based On The Content And Context Of A Natural Language Utterance

  • Patent Identification: U.S. Patent No. 9,734,825, "Methods And Apparatus For Determining A Domain Based On The Content And Context Of A Natural Language Utterance," issued August 15, 2017 (Compl. ¶60).
  • Technology Synopsis: This invention describes a system with multiple domain agents and a parser that uses "keyword and associated prior probabilities or fuzzy possibilities" to score at least two possible contexts for an utterance. Based on this score and the recognized words, the parser determines a domain and selects the appropriate domain agent to handle the query (Compl. ¶¶64-65).
  • Asserted Claims: At least Claim 1 (independent system claim) (Compl. ¶314).
  • Accused Features: The Bixby platform is accused of using "capsules" (domain agents), a parser that receives keywords and uses prior usage patterns (prior probabilities), and scoring algorithms to determine the appropriate context and select the correct capsule for a request (Compl. ¶¶317, 321, 323).

III. The Accused Instrumentality

Product Identification

  • The Samsung Bixby voice-recognition assistant platform ("Bixby Platform") and the Samsung products that incorporate it, including Samsung Galaxy smartphones, tablets, wearables, and Internet of Things (IoT) devices (Compl. ¶¶68, 72).

Functionality and Market Context

  • The complaint describes the Bixby Platform as a voice-recognition software agent that processes natural language requests from users (Compl. ¶¶68, 75). Its functionality is organized into domain-specific modules called "capsules," which are analogous to applications (Compl. ¶85). The platform learns from prior user interactions and usage patterns to improve its understanding and provide personalized suggestions (Compl. ¶79). Samsung operates a "Bixby Marketplace" where users can browse and add new capsules from third parties, including services with subscription-based payments, thereby expanding Bixby's capabilities (Compl. ¶¶115, 115 p.48 visual). The complaint positions Samsung as a global leader in mobile device manufacturing (Compl. ¶67).

IV. Analysis of Infringement Allegations

U.S. Patent No. 7,398,209 Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
receiving the user generated natural language speech utterance, the received user utterance containing at least one request; The Bixby platform receives natural language input from the user and associates the utterance with a command or request. ¶77 col. 6:49-52
maintaining a dynamic set of prior probabilities or fuzzy possibilities usable at each stage of processing the received user utterance; The Bixby platform uses training and prior usage patterns from user interactions to inform its natural language processing. The complaint presents a screenshot showing personalized command suggestions based on usage patterns as evidence of this element (Compl. p.31 visual). ¶79 col. 7:1-4
recognizing words and phrases contained in the received utterance using information in one or more dictionary and phrase tables; The Bixby platform is described as recognizing words and phrases using "Vocabulary" to build a dictionary or phrase table for a given "capsule." ¶¶80-81 col. 7:5-8
parsing the recognized words and phrases to determine a meaning of the utterance, wherein determining the meaning includes determining a context for the at least one request...; The Bixby platform is described as parsing words to derive the user's "intent," which determines the context for the request. ¶83 col. 7:9-16
selecting at least one domain agent based on the determined meaning, the selected domain agent being an autonomous executable that receives, processes, and responds to requests...; The Bixby platform selects a "capsule," which the complaint alleges is a domain agent, based on the derived intent to process the request. A diagram illustrates this selection process under the heading "Classify Capsule" (Compl. p.34 visual). ¶¶84-85 col. 7:17-23
formulating the at least one request...in accordance with a grammar used by the selected domain agent...; The Bixby platform uses "concepts" to format the grammar of a capsule and identifies the best "goals" (requests) based on the parsed utterance. ¶¶86-87 col. 7:24-29
invoking the selected domain agent to process the formulated request; and The Bixby platform is described as processing a generated "plan," which corresponds to the formulated request. ¶89 col. 7:30-31
presenting results of the processed request to the user... The platform generates a "Result Moment," which presents information to the user as a result of invoking the capsule and processing the request. ¶91 col. 7:32-37
  • Identified Points of Contention:
    • Scope Questions: A primary question will be whether Samsung’s software "capsule" constitutes a "domain agent being an autonomous executable" as defined by the patent. The defense may argue that capsules are merely data structures or APIs that do not meet the "autonomous executable" limitation.
    • Technical Questions: The complaint alleges that Bixby's use of "prior usage patterns" meets the limitation of "maintaining a dynamic set of prior probabilities." The court will need to determine if the technical implementation of Bixby's learning algorithm performs the specific function required by the claim or if it operates on a different technical principle.

U.S. Patent No. 7,502,738 Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
an agent architecture that includes a plurality of domain agents, each of the plurality of domain agents being an autonomous executable...; The Bixby platform includes a number of "capsules," which are described as units of related functionality and are alleged to be the claimed domain agents. ¶109 col. 9:16-21
a parser configured to determine a context...and to determine a meaning...wherein the parser selects at least one of the plurality of domain agents based on the determined meaning...; The Bixby platform includes a parser that determines a "derived intent" from the user's input to determine context and select the relevant capsule to handle the request. ¶111 col. 9:22-31
an event manager configured to coordinate interaction between the parser and the agent architecture; and The complaint alleges that the Bixby platform coordinates the interaction between its natural language parser and the capsules. The "Bixby Platform Overview" diagram is used to illustrate this coordination (Compl. p.47 visual). ¶113 col. 10:1-3
an update manager that enables the user to purchase one or more domain agents from a third party on a one-time or subscription basis. The Bixby platform includes a "Marketplace" described as a "one-stop shop" where users can add a wide range of services (capsules) to enhance their experience, including apps with subscription-based payments like Spotify. A screenshot of the Marketplace is provided as evidence (Compl. p.48 visual). ¶115 col. 10:4-7
  • Identified Points of Contention:
    • Scope Questions: The central dispute for this patent will likely concern the "update manager" limitation. The defense may argue that the Bixby Marketplace, which allows users to "browse and add" services, does not meet the claim's requirement of enabling a user to "purchase" agents, particularly for free capsules. The construction of "purchase" will be critical.
    • Technical Questions: As with the ’209 Patent, there is a question of whether the "Bixby Platform" as a whole, with its constituent parts, embodies the claimed "agent architecture" and "event manager," or if the functional blocks operate in a fundamentally different manner than what is claimed.

V. Key Claim Terms for Construction

  • The Term: "domain agent"

  • Context and Importance: This term, and its definition as an "autonomous executable," is foundational to the infringement theories for both the ’209 and ’738 patents, as well as several others. The plaintiff equates this term with Samsung's "capsules." The viability of the infringement case may depend on whether a Bixby "capsule" is construed to be a "domain agent."

  • Intrinsic Evidence for Interpretation:

    • Evidence for a Broader Interpretation: The specification of the ’209 Patent defines agents functionally as "autonomous executables that receive, process and respond to user questions, queries and commands" and as "packages or modules of functionality, typically for a specific domain or application" (’209 Patent, col. 2:50-54). This language may support a broad construction that covers software modules based on their function, regardless of specific implementation.
    • Evidence for a Narrower Interpretation: The detailed description and figures (e.g., ’738 Patent, Fig. 2) depict a specific client-server architecture with distinct agent managers, libraries, and criteria handlers. A defendant may argue that the term "domain agent" should be limited to an executable that operates within this specific disclosed architecture, potentially distinguishing it from a Bixby capsule.

  • The Term: "update manager that enables the user to purchase one or more domain agents from a third party on a one-time or subscription basis"

  • Context and Importance: This limitation is the core distinguishing feature of Claim 1 of the ’738 Patent. The infringement allegation hinges on mapping this term to the Samsung Bixby Marketplace.

  • Intrinsic Evidence for Interpretation:

    • Evidence for a Broader Interpretation: The claim language itself includes both "one-time or subscription basis," which may support a broad definition of "purchase" that includes various models for acquiring functionality, not just a simple monetary sale. The patent's focus is on the user's ability to add new functionality from third parties, a function the Bixby Marketplace is alleged to perform (Compl. ¶¶115, 30).
    • Evidence for a Narrower Interpretation: A defendant may argue that the plain and ordinary meaning of "purchase" requires a transfer of ownership for consideration. The complaint states users "browse and add" capsules and that the marketplace is open to developers to "launch" services (Compl. ¶115). This may support an argument that the Marketplace is a distribution platform, not necessarily a point of "purchase" as required by the claim, especially for free capsules.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges both induced and contributory infringement for all asserted patents. Inducement is based on allegations that Samsung supplies the accused products and provides instructions (e.g., user manuals, developer guides) that encourage users to operate them in an infringing manner (Compl. ¶¶93-94). Contributory infringement is based on allegations that Samsung sells components, such as processors, that are a material part of the invention and are not staple articles of commerce (Compl. ¶¶95, 119).
  • Willful Infringement: The complaint alleges willful infringement for all asserted patents. The primary basis for this allegation is Samsung's alleged pre-suit knowledge of the patent portfolio, stemming from its purported attempt to acquire the patents "on or about 2013" (Compl. ¶¶98, 124).

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

  • A core issue will be one of definitional scope: can the term "autonomous executable domain agent," described in the patents' specific architectural context, be construed to cover Samsung's software "capsules"? Similarly, will the Bixby "Marketplace" be found to function as an "update manager that enables the user to purchase" agents, as claimed? The outcome of these claim construction questions may be determinative for several of the asserted patents.
  • A key evidentiary question will be one of functional equivalence: does the Bixby platform's use of training data and user history, as described in high-level marketing and developer documents, perform the specific functions required by the claims (e.g., "maintaining a dynamic set of prior probabilities" or "generating...rank scores"), or is there a fundamental mismatch in the underlying technical operation that will be revealed during discovery?
  • A critical question for damages will be the impact of alleged pre-suit knowledge: what factual weight will be given to the 2013 allegation that Samsung attempted to purchase the asserted patent portfolio, and will this be sufficient to support a finding of willful infringement, potentially leading to enhanced damages?