DCT
2:23-cv-00221
Fendgo LLC v. Samsung Electronics Co Ltd
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Fendgo LLC (California)
- Defendant: Samsung Electronics Co., Ltd. (Republic of Korea) and Samsung Electronics America, Inc. (New York)
- Plaintiff’s Counsel: Steptoe & Johnson LLP
- Case Identification: 2:23-cv-00221, E.D. Tex., 05/19/2023
- Venue Allegations: Venue is alleged to be proper in the Eastern District of Texas based on Defendant Samsung Electronics America, Inc. maintaining a regular and established place of business in Plano, Texas, where its "Mobile" and "Mobile R&D and Engineering" divisions are located.
- Core Dispute: Plaintiff alleges that the "Send SOS messages" feature in Defendant's Samsung Galaxy smartphones, which run on Android 12 or later, infringes a patent related to an emergency personal protection system integrated with a mobile device.
- Technical Context: The technology concerns using the existing hardware of a smartphone—such as its power button, camera, and GPS—to create a streamlined system for a user to send an emergency alert with location and media to pre-selected contacts.
- Key Procedural History: The complaint alleges that Plaintiff provided Defendant with pre-suit notice of infringement, first via a letter on January 11, 2022, and subsequently by sending a claim chart on March 3, 2022. This alleged pre-suit knowledge forms the basis of the willfulness claim.
Case Timeline
| Date | Event |
|---|---|
| 2005-01-14 | U.S. Patent No. 11,265,404 Priority Date |
| 2021-10-04 | Android 12, which includes the accused SOS feature, launched |
| 2022-01-11 | Plaintiff's counsel allegedly sent notice letter to Defendant |
| 2022-03-01 | U.S. Patent No. 11,265,404 Issued |
| 2022-03-03 | Plaintiff's counsel allegedly sent infringement claim chart to Defendant |
| 2022-03-28 | Defendant allegedly confirmed awareness of the issued patent |
| 2023-05-19 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 11,265,404 - Emergency personal protection system integrated with mobile devices, issued March 1, 2022
The Invention Explained
- Problem Addressed: The patent's background section observes that standalone personal safety devices are often forgotten or not carried, and that victims of assault are frequently alone, leaving them unable to alert anyone that they are being attacked (’404 Patent, col. 2:17-28).
- The Patented Solution: The invention integrates an emergency alert system directly into a mobile device, which people are more likely to carry routinely. It proposes using a "panic button" that, when activated by a specific user action like a "series of depressings," automatically engages the device's camera, location unit, and transmitter to capture and send emergency information (such as images, audio, and GPS coordinates) to authorities or a specified contact ('404 Patent, Abstract; col. 3:51-col. 4:4).
- Technical Importance: The technology seeks to provide a more reliable and accessible personal safety tool by leveraging the near-ubiquitous presence of mobile phones and their integrated hardware components ('404 Patent, col. 2:41-49).
Key Claims at a Glance
- The complaint primarily asserts independent claim 9 (Compl. ¶33).
- The essential elements of claim 9 are:
- A mobile device, comprising:
- a camera unit, adapted to obtain at least one of image data and audio data;
- a location unit, adapted to obtain location data;
- a transmitting unit, adapted to transmit the image, audio, and location data as emergency information, along with owner identification; and
- a panic button, adapted to activate the camera, location, and transmitting units to send the information when activated;
- wherein the panic button is activated by a "series of depressings" of the button.
- The complaint alleges infringement of "one or more claims" but focuses its narrative allegations on claim 9 (Compl. ¶32).
III. The Accused Instrumentality
- Product Identification: The "Accused Products" are identified as "mobile devices running Android 12 or other version(s) with the same functionality, such as Samsung Galaxy" (Compl. ¶28). The specific accused functionality is the "SOS feature" (Compl. ¶33).
- Functionality and Market Context: The complaint alleges that the Accused Products contain a "Send SOS messages" feature that allows a user to rapidly press the side or power key three or four times to send an alert to designated emergency contacts (Compl. ¶37, ¶39). This alert allegedly includes the user's location, a photo, and a voice recording (Compl. ¶37). The complaint provides a screenshot from Samsung's marketing materials showing its lineup of "Galaxy" mobile devices (Compl. ¶34, p. 8). The complaint alleges this feature is part of a competitive effort to offer "cutting-edge SOS features their consumers' desire" (Compl. ¶28).
IV. Analysis of Infringement Allegations
'404 Patent Infringement Allegations
| Claim Element (from Independent Claim 9) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A mobile device, comprising: | The Accused Products are Samsung Galaxy smartphones, which are mobile devices. A screenshot from Samsung's website shows its mobile device offerings (Compl. p. 8). | ¶34 | col. 9:10 |
| a camera unit, adapted to obtain at least one of image data and audio data; | The Accused Products include a camera unit for taking images, video, and audio. A Samsung support page describes the features of the Galaxy smartphone camera (Compl. p. 9). | ¶35 | col. 9:11-13 |
| a location unit, adapted to obtain location data; | The Accused Products include a GPS antenna to track real-time location data. A Samsung support page explains how to activate location services on a Galaxy phone (Compl. p. 10). | ¶36 | col. 9:14-15 |
| a transmitting unit, adapted to transmit as emergency information the image data, the audio data, and the location data along with specific information including owner identification information; and | The SOS feature allegedly transmits the user's location, photo, and a voice recording to designated contacts. | ¶37 | col. 9:16-21 |
| a panic button, adapted to activate the camera unit, the location unit, and the transmitting unit, and send the emergency information and the specific information to a specified location when the panic button is activated, | The Accused Products allegedly use the side or power key as the panic button to activate the SOS feature. | ¶38 | col. 9:22-27 |
| wherein the panic button is activated by a series of depressings of the panic button. | The SOS feature is activated by pressing the side or power key "three or four times rapidly." A screenshot from a Samsung support page provides this instruction (Compl. p. 12). | ¶39 | col. 9:28-30 |
- Identified Points of Contention:
- Scope Questions: A central question may be whether a general-purpose, multi-function "Side key or Power key" (Compl. ¶39) on a smartphone constitutes a "panic button" as that term is used in the patent.
- Technical Questions: The infringement theory hinges on whether the accused SOS feature "activate[s] the camera unit" as claimed. The patent specification describes a process where the system "takes an image of the attacker" ('404 Patent, col. 3:7-9). The complaint's evidence, a screenshot from a Samsung support page, states that a user "can decide if you'd like to attach images or an audio recording to the SOS message" (Compl. ¶37, p. 11). This raises the question of whether the accused feature performs a real-time capture of new media upon activation, as the patent may require, or whether it merely attaches pre-selected media, which may create a technical distinction from the claimed invention.
V. Key Claim Terms for Construction
The Term: "panic button"
- Context and Importance: The definition of this term is critical. The case may turn on whether a standard, multi-function hardware button on a smartphone can be considered a "panic button," or if the term implies a dedicated or specially designated button. Practitioners may focus on this term because the accused feature co-opts a pre-existing, general-purpose key.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent claims a button "activated by a series of depressings" ('404 Patent, col. 9:28-30), a mode of operation common for multi-function side keys. The specification's focus is on integrating the function into the mobile device, which could support reading the term on existing hardware.
- Evidence for a Narrower Interpretation: The patent figures depict a distinct button labeled with an icon (see FIG. 1A, item 20), which could suggest a dedicated button was contemplated. The specification also refers to "a separate panic button located on the device" ('404 Patent, col. 3:19-20), which could be argued to distinguish it from a standard power or volume key.
The Term: "adapted to activate the camera unit"
- Context and Importance: This term is central to the mechanism of infringement. The dispute will likely involve whether the accused feature's method of including media in an alert meets this limitation.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: A plaintiff may argue that "activate" broadly means to initiate the sequence that results in media being sent, and that the claim language links the activation of the camera unit to the act of sending the information ('404 Patent, col. 9:22-27).
- Evidence for a Narrower Interpretation: The specification states that when the system is activated, "a camera built into the mobile phone/device takes an image of the attacker" ('404 Patent, col. 3:7-9), implying a real-time, automatic capture event. A defendant could argue that a feature allowing a user to "decide if you'd like to attach images" (Compl. p. 11) does not perform the same function and is therefore technically distinct.
VI. Other Allegations
- Indirect Infringement: The complaint alleges induced infringement, stating that Defendants encourage infringement by "publishing and distributing data sheets, manuals, and guides for the Accused Products" that "describe and tout the use of the subject matter claimed in the '404 patent (e.g., the SOS feature)" (Compl. ¶41).
- Willful Infringement: The complaint alleges willful infringement based on pre-suit knowledge. It claims Defendants were notified of the pending patent application and potential infringement via a letter on January 11, 2022, and were sent a claim chart showing how Samsung products allegedly infringe on March 3, 2022, after the patent had issued (Compl. ¶30, ¶44).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "panic button", which in some patent embodiments is depicted as a distinct element, be construed to read on a standard, multi-function "Side key or Power key" of a commercial smartphone?
- A key evidentiary question will be one of functional operation: does the accused SOS feature, which the complaint's own evidence suggests may allow a user to "decide if you'd like to attach images," perform the same function as the claimed invention's "activat[ing] the camera unit," which the patent specification describes as "tak[ing] an image of the attacker"? The case may turn on whether the accused system performs a real-time media capture or merely attaches existing files.