DCT
2:23-cv-00306
FlatFrog Laboratories Ab v. Chemtronics Co Ltd
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: FlatFrog Laboratories Ab (Sweden)
- Defendant: Chemtronics Co Ltd (Korea); Chemtrovina Co., Ltd. (Vietnam)
- Plaintiff’s Counsel: Patton, Tidwell & Culbertson, L.L.P.; Mayer Brown LLP
- Case Identification: 2:23-cv-00306, E.D. Tex., 12/07/2023
- Venue Allegations: Venue is alleged based on the offer for sale and sale of the Accused Products within the Eastern District of Texas, supported by an example of a sale to a school in Dallas, Texas.
- Core Dispute: Plaintiff alleges that Defendant’s touch screen modules, incorporated into Samsung interactive displays, infringe three U.S. patents related to the mechanical assembly and optical design of large-format touch screens.
- Technical Context: The dispute centers on optical touch technology for large interactive whiteboards, a market where performance characteristics like touch accuracy, latency, and immunity to environmental factors are critical competitive differentiators.
- Key Procedural History: The complaint notes that Plaintiff sent multiple pre-suit communications to Defendant regarding infringement of its patents, beginning in June 2022 and including a formal cease-and-desist letter from U.S. counsel on September 22, 2022, which may be relevant to allegations of willful infringement.
Case Timeline
| Date | Event |
|---|---|
| 2016-12-07 | Priority Date for ’935 and ’335 Patents |
| 2017-03-28 | Priority Date for ’338 Patent |
| 2020-09-15 | U.S. Patent No. 10,775,935 Issues |
| 2022-03-22 | U.S. Patent No. 11,281,335 Issues |
| 2022-03-22 | U.S. Patent No. 11,281,338 Issues |
| 2022-06-01 | Plaintiff alleges first pre-suit notice sent to Defendant |
| 2022-09-09 | Samsung article describes sale of accused products in Texas |
| 2022-09-22 | Plaintiff’s U.S. counsel sends cease-and-desist letter to Defendant |
| 2023-12-07 | First Amended Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,775,935, “Touch Device,” issued September 15, 2020
The Invention Explained
- Problem Addressed: The patent family addresses the problem of "uncontrolled warpage" in large glass plates used for optical touch systems, where even minor twists or curves introduced during assembly can block or distort the light paths that detect touch, thereby impairing system accuracy (U.S. Patent No. 10,282,035, col. 1:62-2:4).
- The Patented Solution: The invention proposes a mechanical frame assembly to precisely manage the curvature of the glass plate. The assembly uses a multi-part frame where a "spacing element" can be adjusted to control the shape of a "first frame element." This, in turn, applies a controlled torque to a "second frame element" that supports the glass plate, allowing the system to induce a specific, beneficial curvature (e.g., slightly concave) in the touch surface to improve optical performance (’035 Patent, Abstract; col. 2:35-50).
- Technical Importance: This approach allows for the use of lighter, more compact frame designs while actively counteracting manufacturing-induced warpage or intentionally creating a desired parabolic curve to optimize the field of view for the optical sensors (’035 Patent, col. 3:8-23).
Key Claims at a Glance
- The complaint asserts independent claim 7 and reserves the right to assert additional claims (Compl., Prayer for Relief ¶1).
- Essential elements of Claim 7 include:
- A touch surface;
- A display panel;
- A frame assembly with a first frame element and a second frame element connected to form a bracket, where the second element has a support portion for the display panel;
- A plate, including the touch surface, attached to the support portion;
- Wherein the touch surface is curved with respect to a plane defined by its short and long edges; and
- Wherein the distance from the touch surface to that plane varies according to a parabolic function.
U.S. Patent No. 11,281,335, “Touch Device,” issued March 22, 2022
The Invention Explained
- Problem Addressed: As a continuation of the same parent application as the ’935 Patent, this patent addresses the same technical problem of controlling glass plate warpage in optical touch systems (U.S. Patent No. 10,282,035, col. 1:62-2:4). The complaint notes this technology enables an "innovative sealing window" and low Contact Detection Height ("CDH") (Compl. ¶53).
- The Patented Solution: The patent describes the same multi-part, mechanically adjustable frame assembly solution for precisely controlling the curvature of the touch surface, as detailed in the analysis of the ’935 Patent (’035 Patent, Abstract; col. 2:35-50).
- Technical Importance: The technical importance is identical to that of the ’935 Patent: enabling compact, cost-effective frames that can manage glass curvature to enhance optical touch system accuracy (’035 Patent, col. 3:8-23).
Key Claims at a Glance
- The complaint asserts independent claim 1 and reserves the right to assert additional claims (Compl., Prayer for Relief ¶1).
- Essential elements of Claim 1 include:
- A display panel;
- A plate including a touch surface with a center point and edges;
- A frame assembly with a plurality of frame elements configured to support the display panel and the plate;
- Wherein a first plane defined by the touch surface is curved with respect to a second plane defined by the edges; and
- Wherein a distance between a line in the first plane passing through the center point and the second plane varies according to a parabolic function.
Multi-Patent Capsule: U.S. Patent No. 11,281,338, “Touch Sensing Apparatus and Method for Assembly,” issued March 22, 2022
- Technology Synopsis: This invention relates to a touch sensing apparatus with a "sealing window" that protects the optical emitters and detectors arranged around the panel's perimeter (Compl. ¶67). The sealing window includes reference surfaces designed to engage with a carrier, ensuring precise and robust alignment of the optical components relative to the touch surface, which is critical for systems that operate with light paths very close to the surface (U.S. Patent No. 10,606,416, Abstract; col. 4:42-53).
- Asserted Claims: The complaint asserts independent claim 1 (Compl. ¶70, Prayer for Relief ¶1).
- Accused Features: The complaint alleges that the "Chemtronics Co Ltd module," when incorporated into the Accused Products, infringes the ’338 patent (Compl. ¶2, ¶70).
III. The Accused Instrumentality
Product Identification
The accused instrumentality is the "Chemtronics module," described as a "glass and touch module" designed, manufactured, and supplied by Defendants for integration into various Samsung interactive displays, including the Samsung Flip Pro and Samsung Flip 3 series (Compl. ¶2).
Functionality and Market Context
The Chemtronics module is a key component that provides touch-sensing capability to large-format interactive whiteboards (Compl. ¶18). A visual from Defendant's website, included in the complaint, identifies the module as a "Touch Sensor" based on "IR LED" technology and provides technical specifications such as screen sizes (55" to 85"), report rate, and accuracy (Compl. p. 6). The complaint alleges these modules are incorporated into Samsung products sold in the U.S. market for educational and collaborative purposes, referencing a photograph of an accused product being used in a Dallas elementary school classroom (Compl. ¶13, p. 4).
IV. Analysis of Infringement Allegations
The complaint alleges infringement but does not provide the referenced claim chart exhibits. The following tables summarize the infringement theory for the lead patents by mapping the claim elements to the functionality of the accused instrumentality as described in the complaint and the patents-in-suit.
’935 Patent Infringement Allegations
| Claim Element (from Independent Claim 7) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a touch surface; a display panel; | The Accused Products are interactive displays with a touch screen surface (Compl. ¶2, ¶4). | ¶2, ¶4 | col. 15:45-48 |
| a frame assembly configured to support the display panel, the frame assembly comprising a plurality of frame elements; | The Chemtronics module is alleged to be the claimed frame assembly, comprising at least a metal frame, touch kit, and cover glass, and is assembled with an LCD display (Compl. ¶2). | ¶2 | col. 6:35-42 |
| wherein the plurality of frame elements comprises a first frame element and a second frame element; wherein the second frame element is configured to connect with the first frame element to form a bracket | The internal components of the Chemtronics module are alleged to form the claimed multi-element bracket structure (Compl. ¶2, ¶42). | ¶2, ¶42 | col. 7:1-9 |
| a plate configured to attach with a second side that is opposite the first side of the support portion, the plate including the touch surface... | The cover glass of the Chemtronics module is alleged to be the claimed plate, providing the touch surface for the interactive display (Compl. ¶2). | ¶2 | col. 6:53-57 |
| wherein the touch surface is curved with respect to a first plane defined by a short edge and a long edge of the touch surface, and wherein a distance...varies according to a parabolic function. | The touch surface of the Accused Products is alleged to possess the specific, controlled parabolic curvature required by the claim (Compl. ¶42). | ¶42 | col. 16:47-52 |
’335 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a display panel; a plate including a touch surface with a center point and edges; | The Accused Products are interactive displays containing an LCD panel and a glass plate with a touch surface (Compl. ¶2, ¶4). | ¶2, ¶4 | col. 15:45-48 |
| a frame assembly comprising a plurality of frame elements configured to support the display panel and the plate; | The Chemtronics module is alleged to be the claimed frame assembly that supports both the LCD and the cover glass plate (Compl. ¶2). | ¶2 | col. 6:35-42 |
| wherein a first plane defined by the touch surface is curved with respect to a second plane defined by the short edge and the long edge; | The touch surface of the Accused Products is alleged to be curved relative to a plane defined by its outer edges (Compl. ¶56). | ¶56 | col. 16:47-52 |
| wherein a distance between a first line in the first plane that passes through the center point and the second plane varies according to a parabolic function. | The curvature of the touch surface in the Accused Products is alleged to follow the specific parabolic function recited in the claim (Compl. ¶56). | ¶56 | col. 16:51-52 |
Identified Points of Contention:
- Scope Questions: A central question for the '935 and '335 patents will be whether the "Chemtronics module," as a commercial component, can be shown to contain the distinct "first frame element," "second frame element," and associated structures recited in the claims. The analysis may focus on whether the defendant's integrated module performs the functions of the claimed elements in the manner described in the patents.
- Technical Questions: The infringement analysis for the '935 and '335 patents will raise the evidentiary question of whether the glass surface of the accused Samsung displays exhibits the specific curvature that "varies according to a parabolic function." This requires a precise geometric analysis that will likely be a point of significant factual and expert dispute.
V. Key Claim Terms for Construction
The Term: "frame assembly"
- Context and Importance: This term is foundational to the infringement allegations for the '935 and '335 patents. The definition will determine whether the accused "Chemtronics module" can be considered to be the claimed invention. Practitioners may focus on this term because its construction will dictate whether the specific multi-part, adjustable structure described in the patent is a requirement for infringement.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The abstract describes the invention broadly as "[a]n assembly for holding and controlling curvature of a glass plate," which could support an interpretation focused on the overall function rather than a specific structure (U.S. Patent No. 10,282,035, Abstract).
- Evidence for a Narrower Interpretation: The specification repeatedly describes and illustrates the assembly as comprising distinct components: a "first frame element (102)," a "second frame element (103)," and a "spacing element (116)" that work together in a specific mechanical relationship to control curvature (’035 Patent, Figs. 2a-2d; col. 8:37-41). This may support a narrower construction requiring these discrete, interacting parts.
The Term: "varies according to a parabolic function"
- Context and Importance: This term imposes a specific mathematical and geometric constraint on the shape of the touch surface. Infringement depends on proving the accused products meet this precise limitation.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification explains that a goal of the curvature is to improve the "field of view" for optical sensors, which might support an argument that any shape achieving this functional goal is equivalent (’035 Patent, col. 3:14-20).
- Evidence for a Narrower Interpretation: The specification provides an explicit mathematical formula to model the curvature:
F(x)=-a+cx²(’035 Patent, col. 16:50-52). This provides strong intrinsic evidence that the term should be construed literally to require a shape that can be accurately modeled by a parabolic equation.
VI. Other Allegations
- Indirect Infringement: The complaint alleges both induced and contributory infringement. The inducement theory is based on allegations that Defendants design and supply the Chemtronics module specifically for assembly into Samsung's products with knowledge of the patents and with the intent that the final products would infringe in the U.S. (Compl. ¶44, ¶58). The contributory infringement theory alleges the Chemtronics module is not a staple article of commerce and has no substantial non-infringing uses (Compl. ¶46, ¶60).
- Willful Infringement: Willfulness is alleged based on pre-suit knowledge of the asserted patents. The complaint cites multiple letters sent to Defendant's CEO starting in June 2022, including a formal cease-and-desist letter from U.S. counsel on September 22, 2022, and alleges that Defendants continued their infringing activities thereafter (Compl. ¶22-24, ¶48, ¶62, ¶76).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of structural mapping: can the plaintiff demonstrate that the commercial "Chemtronics module" is structurally equivalent to the specific, multi-part "frame assembly" disclosed in the patents, or will the defendant successfully argue that its integrated module represents a fundamentally different, non-infringing design?
- A key evidentiary question will be one of geometric precision: does the physical curvature of the touch surface on the accused Samsung products conform to the claim limitation that it "varies according to a parabolic function"? This will likely devolve into a competing expert analysis of manufacturing tolerances and mathematical modeling.
- A central question for the willfulness allegation will be one of knowledge and intent: what actions, if any, did Defendants take after receiving notice of the asserted patents in mid-2022? The timeline of events and Defendants' response will be critical to determining whether any infringement was "egregious."