2:24-cv-00133
Avant Location Tech LLC v. Samsung Electronics Co Ltd
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Avant Location Technologies LLC (Texas)
- Defendant: Samsung Electronics Co. Ltd. (Republic of Korea) and Samsung Electronics America, Inc. (New York)
- Plaintiff’s Counsel: Fabricant LLP
- Case Identification: 2:24-cv-00133, E.D. Tex., 02/23/2024
- Venue Allegations: Plaintiff alleges venue is proper because Defendants are subject to personal jurisdiction in the district, have committed acts of infringement in the district, and maintain a regular and established place of business in the district through corporate offices and authorized retailers. Plaintiff further alleges that Defendant Samsung Electronics Co. Ltd. is a foreign corporation, making venue proper in any judicial district.
- Core Dispute: Plaintiff alleges that Defendant’s "SmartThings Find" feature, implemented in its smartphones, tablets, and accessories, infringes seven patents related to methods and systems for monitoring a mobile device's presence within a defined "special area."
- Technical Context: The technology concerns the use of short-range radio signals to create location-aware services, a domain critical to the modern "find my device" ecosystem that relies on crowdsourced networks to locate lost items.
- Key Procedural History: The complaint does not reference any prior litigation, Inter Partes Review (IPR) proceedings, or licensing history related to the patents-in-suit.
Case Timeline
| Date | Event |
|---|---|
| 2006-03-28 | Earliest Priority Date for all Patents-in-Suit |
| 2014-05-27 | U.S. Patent No. 8,738,040 Issued |
| 2015-01-13 | U.S. Patent No. 8,934,922 Issued |
| 2015-05-26 | U.S. Patent No. 9,042,910 Issued |
| 2015-08-25 | U.S. Patent No. 9,119,030 Issued |
| 2016-11-01 | U.S. Patent No. 9,485,621 Issued |
| 2017-04-11 | U.S. Patent No. 9,622,032 Issued |
| 2018-06-26 | U.S. Patent No. 10,009,720 Issued |
| 2020-10-30 | Accused "SmartThings Find" Feature Launch Date |
| 2024-02-23 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,738,040 - "Method and System for Monitoring a Mobile Station Presence in a Special Area"
- Patent Identification: U.S. Patent No. 8,738,040, "Method and System for Monitoring a Mobile Station Presence in a Special Area", issued May 27, 2014 (the "’040 Patent").
The Invention Explained
- Problem Addressed: The patent's background section describes the competitive pressure on mobile network operators from short-range wireless solutions (e.g., Wi-Fi, Bluetooth) that provide connectivity to fixed networks with cheaper rates. The technical challenge is for mobile operators to flexibly offer different rates or services when a user is in a specific "special area" (e.g., home, office) without needing to modify the short-range radio devices themselves (’040 Patent, col. 1:20-41).
- The Patented Solution: The invention provides a method where a mobile station detects a "distinctive defining signal" from a radio device, which defines a "special area." The mobile station uses "checking data," previously provided by the mobile network, to verify if the received signal is the correct one for that special area. Upon confirmation, the mobile station sends an "updating signal" to the network, which can then adapt an "operating parameter," such as a billing tariff or a service flag (’040 Patent, Abstract; col. 2:13-43). This allows the network operator to dynamically associate special areas with a user's device.
- Technical Importance: This approach provided mobile operators with a flexible, network-controlled method to implement location-based services and tariffs to compete with fixed-network providers, without requiring modifications to the beaconing hardware in the field (Compl. ¶17).
Key Claims at a Glance
- The complaint asserts at least independent claim 13 (Compl. ¶31).
- Claim 13 recites a mobile station comprising:
- observing means to observe a channel and process a received signal to determine if it is a defining signal;
- a processor to determine, based on previously obtained checking data, whether the received signal is a distinctive defining signal that defines a special area;
- the processor to determine whether the mobile station is present in one or more special areas;
- the processor to send an updating signal to a mobile telephone network about its presence, where the signal can be sent periodically, upon entry/exit of an area, or while remaining in an area; and
- wherein the updating signal is uncorrelated to any phone call establishment and is based on the mobile station's last determination about its presence.
U.S. Patent No. 10,009,720 - "Method and System for Monitoring a Mobile Station Presence in a Special Area"
- Patent Identification: U.S. Patent No. 10,009,720, "Method and System for Monitoring a Mobile Station Presence in a Special Area", issued June 26, 2018 (the "’720 Patent").
The Invention Explained
- Problem Addressed: Similar to related patents in the family, the ’720 Patent addresses the need for mobile operators to flexibly define "special areas" where different services or tariffs can be applied to a mobile user (’720 Patent, col. 1:26-46).
- The Patented Solution: The claimed method involves a mobile station receiving a "distinctive defining signal" from a radio device. This signal defines a "special area" (which can be a single coverage area, an intersection of areas, or a sum of areas) and includes information indicating whether the transmitting device is in a "predetermined environment." The mobile station sends an "updating signal" containing this environmental information to a server, which can then adjust an "operating parameter" (e.g., a tariff or a service flag) for that mobile station (’720 Patent, Abstract; col. 2:13-52).
- Technical Importance: The invention allows for more sophisticated definitions of special areas and adds a layer of context by including the "predetermined environment" status, enabling more nuanced location-based services (Compl. ¶17).
Key Claims at a Glance
- The complaint asserts at least independent claim 1 (Compl. ¶59).
- Claim 1 recites a method comprising:
- receiving and processing a distinctive defining signal in a mobile station;
- the signal defining a special area by its coverage area, a portion of its coverage area intersecting another, or a sum of coverage areas;
- the signal including information indicating whether the radio communication defining device is in a predetermined environment; and
- sending an updating signal from the mobile station to a server about its presence in the special area;
- the updating signal being usable by the server to adjust an operating parameter (e.g., tariff or service flag) for the mobile station;
- the updating signal comprising the information about the device's location in the predetermined environment.
The complaint asserts five additional patents. Below is a synopsis for each.
Patent Identification: U.S. Patent No. 9,042,910, "Method and System for Monitoring a Mobile Station Presence in a Special Area", issued May 26, 2015.
Technology Synopsis: This patent claims a mobile station capable of receiving signals from first and second radio devices that together define a special area by the sum or intersection of their coverage. The mobile station stores data from these signals and uses a processor to determine its presence in the special area before sending an updating signal, uncorrelated to phone calls, to a presence service provider (Compl. ¶89).
Asserted Claims: At least independent claim 7 (Compl. ¶89).
Accused Features: The "helping" mobile station in the SmartThings Find network is accused of receiving signals from at least two "lost" devices (e.g., a lost phone and a lost smart tag), using stored service identifiers to determine its presence in the resulting special area, and sending location updates to Samsung's servers (Compl. ¶¶90, 96).
Patent Identification: U.S. Patent No. 8,934,922, "Method and System for Monitoring a Mobile Station Presence in a Special Area", issued January 13, 2015.
Technology Synopsis: This patent claims a method where a provider of presence services electronically stores data linking a mobile station to first and second special areas. The provider receives updating signals from the mobile station about its presence in these areas and, in response, enables or disables a presence-related service for that station (Compl. ¶116).
Asserted Claims: At least independent claim 1 (Compl. ¶116).
Accused Features: Samsung's Cloud servers are accused of storing data linking "helping" devices to special areas defined by lost devices, receiving updating signals from these helpers, and enabling "found" services (e.g., displaying the location on a map) based on the helper's presence in those areas (Compl. ¶¶123, 129).
Patent Identification: U.S. Patent No. 9,119,030, "Method and System for Monitoring a Mobile Station Presence in a Special Area", issued August 25, 2015.
Technology Synopsis: This patent claims a method performed by a provider of presence services that stores data linking a mobile station to a special area. The provider receives an updating signal from the mobile station, derives the station's presence in the special area, and enables or disables a presence-related service accordingly (Compl. ¶142).
Asserted Claims: At least independent claim 1 (Compl. ¶142).
Accused Features: The complaint alleges that Samsung's Cloud servers receive updating signals from "helping" mobile stations, determine the helper's presence in the special area of a lost device, and enable services like displaying the found device's location on a map for the device's owner (Compl. ¶¶143, 149).
Patent Identification: U.S. Patent No. 9,485,621, "Method and System for Monitoring a Mobile Station Presence in a Special Area", issued November 1, 2016.
Technology Synopsis: This patent claims a method where a provider of presence services, which is different from the mobile telephone network, stores data linking a mobile station to a special area. The provider's servers receive an updating signal from the mobile station via the mobile network, derive the station's presence, and enable or disable a service based on that presence (Compl. ¶162).
Asserted Claims: At least independent claim 1 (Compl. ¶162).
Accused Features: Samsung, as a provider of presence services distinct from cellular carriers, is accused of using its Cloud servers to store data linking "helping" devices to special areas, receiving location updates from them via the cellular network, and enabling or disabling "offline finding" services (Compl. ¶¶169, 174-175).
Patent Identification: U.S. Patent No. 9,622,032, "Method and System for Monitoring a Mobile Station Presence in a Special Area", issued April 11, 2017.
Technology Synopsis: This patent claims a method where a provider of presence services receives an updating signal from a mobile station that has determined its presence in a special area. The provider stores an operating parameter based on this signal and can send different "checking data" back to the mobile station to modify the definition of the special area (Compl. ¶188).
Asserted Claims: At least independent claim 1 (Compl. ¶188).
Accused Features: Samsung's Cloud servers are accused of receiving location updates from "helping" mobile stations, storing parameters based on those updates (e.g., a "found" status), and having the capability to modify the special area by sending different checking data (e.g., for a different device) back to the mobile station (Compl. ¶¶200, 209).
III. The Accused Instrumentality
Product Identification
- The accused instrumentalities are Samsung products that implement the "SmartThings Find" feature. This includes, but is not limited to, Galaxy smartphones and tablets running Android 8 or later, Galaxy Watch devices with Wear OS or running Tizen 5.5 or later, and Galaxy Buds+ or later (Compl. ¶25).
Functionality and Market Context
- The SmartThings Find service operates as a crowdsourced device location network. When a user's device (e.g., a smartphone or smart tag) is registered and then goes offline for a period (e.g., 30 minutes), it begins to broadcast a Bluetooth Low Energy (BLE) signal (Compl. ¶34). Other nearby Samsung devices that have opted into the network (referred to as "helping" or "finder" devices) can detect this BLE beacon. The helping device then reports the location of the lost device to Samsung's servers, which allows the owner to view the lost item's last known location on a map (Compl. ¶¶41, 46). The complaint alleges that this system creates a "dynamic-crowdsourced special area" defined by the collective BLE signal coverage of all lost devices at a given time (Compl. ¶42). This functionality is presented as a key feature for users within the Samsung ecosystem, providing a way to locate devices even when they are disconnected from the internet (Compl. ¶33). A screenshot in the complaint shows a tutorial screen explaining the "Offline finding" feature to users (Figure 1; Compl. ¶33, p. 10).
IV. Analysis of Infringement Allegations
’040 Patent Infringement Allegations
| Claim Element (from Independent Claim 13) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A mobile station, comprising: observing means to observe a channel and process any received signal in order to determine whether or not it is receiving a defining signal... | A "helping" Samsung Galaxy smartphone observes a Bluetooth (BLE) channel to detect signals from "lost" Samsung devices. These signals are alleged to be the "defining signal" (Compl. ¶32). | ¶32 | col. 6:50-54 |
| a processor to process any received defining signal and to determine, based on a previously obtained checking data, whether or not the defining signal received is a distinctive defining signal that at least partially defines a special area... | The processor in the helping smartphone processes the received BLE signal. It uses previously stored "checking data" (e.g., offline finding service identifiers like UUID FD69 or FD5A) to determine if the signal is a "distinctive" one that defines the offline finding "special area" (Compl. ¶41, ¶44). | ¶41, ¶44 | col. 6:54-61 |
| to determine whether or not it is present in one or more special areas... | Upon identifying a distinctive BLE signal, the helping smartphone determines that it is present within the "special area," which is defined by the signal's coverage area (Compl. ¶41, ¶45). The complaint includes a screenshot showing how a user registers devices for offline finding, thereby joining the network (Figure 2; Compl. ¶42, p. 16). | ¶41, ¶45 | col. 6:61-63 |
| and to send an updating signal at least one of (i) periodically, (ii) when the mobile station enters into or exits from one of the special areas, and (iii) when the mobile station remains into a special area to a mobile telephone network about its presence... | The helping smartphone sends a signal with its location to the Samsung Cloud servers when it enters the special area (i.e., first detects a lost device) and periodically if it remains in the area (e.g., after 20 minutes) (Compl. ¶49, ¶25). | ¶46, ¶49, ¶25 | col. 6:63-col. 7:4 |
| where said updating signal sending is uncorrelated to any mobile station phone call establishment and is based on the last determination performed by the mobile station about its presence in the special areas. | The updating signal is sent over a cellular data connection, not as a phone call. The sending is based on the helping station's last determination, which it stores in a local database before transmitting the update (Compl. ¶50). A screenshot shows the location of a found SmartTag 2, which resulted from such an update (Figure 3; Compl. ¶47, p. 22). | ¶50 | col. 7:5-11 |
’720 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A method...comprising: receiving and processing the distinctive defining signal in the mobile station... | A "helping" Samsung Galaxy smartphone receives and processes a BLE signal from a lost Samsung device. This BLE signal is alleged to be the "distinctive defining signal" (Compl. ¶68). | ¶68 | col. 21:8-9 |
| the distinctive defining signal at least defining a special area by one or more of: (1) a coverage area of the distinctive defining signal; (2) a portion of the coverage area that intersects... and (3) a sum of the area of coverage... | The "special area" is alleged to be a "dynamic-crowdsourced special area" defined by the sum of the coverage areas of all lost devices in the network at a given time (Compl. ¶68, ¶69). | ¶68, ¶69 | col. 21:10-18 |
| the distinctive defining signal including information indicating whether or not the radio communication defining device is in a predetermined environment... | The BLE signal's "offline finding service identifier" indicates the lost device is offline. This offline status implies it is in a "predetermined environment," defined as being outside the range of the owner's other personal devices (Compl. ¶73). | ¶73 | col. 21:19-22 |
| and sending from the mobile station via a mobile telephone network an updating signal to one or more servers of a provider of presence related services about the mobile station's presence in the special area... | The helping smartphone sends an updating signal (including its location and the lost device's ID) via the mobile telephone network to Samsung's Cloud servers, indicating its presence near the lost device (Compl. ¶75). | ¶75 | col. 21:23-28 |
| the updating signal being useable by the one or more servers...to adjust an operating parameter, which comprises one or more of a tariff and a service flag, to adjust, activate, or deactivate the presence related services... | Samsung's servers use the updating signal to adjust a "service flag" operational parameter from "missing" to "found." This activates presence-related services, such as displaying the device's location on a map for the owner or enabling a "search nearby" feature (Compl. ¶78). | ¶76, ¶78 | col. 21:29-37 |
| and the updating signal comprising the information indicative of whether or not the radio communication defining device is located in the predetermined environment. | The updating signal is inherently indicative of the offline finding service because it is only triggered upon receipt of a signal from an offline device. This offline status indicates the device is in the predetermined environment (Compl. ¶81). | ¶81 | col. 21:38-41 |
- Identified Points of Contention:
- Scope Questions: A central question may be whether the term "special area," as used in the patents in the context of applying operator-defined services or tariffs to a specific user, can be construed to read on the "dynamic-crowdsourced special area" alleged in the complaint, which is formed by an ad-hoc network of unaffiliated users' devices.
- Technical Questions: The infringement theory for the ’040 Patent casts the "helping" device as the claimed "mobile station." However, claim 13 requires the mobile station to send a signal about "its presence" in the special area. This raises the question of whether a claim directed to a device being monitored can read on a third-party device that is performing the monitoring and reporting the location of a different, lost device.
V. Key Claim Terms for Construction
The Term: "special area"
Context and Importance: This term is fundamental to the infringement analysis. The patents describe "special areas" in the context of locations like homes, offices, or airports where a mobile network operator can apply different service rules or billing rates for a user (’040 Patent, col. 1:30-41; col. 3:11-14). The complaint alleges that the SmartThings Find network creates a "dynamic-crowdsourced special area" (Compl. ¶42). The construction of "special area" will determine whether this dynamic, user-generated network falls within the scope of what the patent claims.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claims define the special area functionally by the "coverage of the distinctive defining signal" (’040 Patent, Claim 13) or as a sum or intersection of such coverage areas (’720 Patent, Claim 1), without explicit limitation to static or pre-defined locations.
- Evidence for a Narrower Interpretation: The specification's background repeatedly frames the invention as a way for mobile operators to compete with fixed-network services in specific locations like homes, suggesting a more static, operator-defined context (’040 Patent, col. 1:20-30). The patent figures also depict geographically defined zones (e.g., ’040 Patent, Fig. 1).
The Term: "mobile station"
Context and Importance: Claim 13 of the ’040 Patent is directed to a "mobile station" that performs several actions, including determining its own presence and sending an update "about its presence." The complaint's theory of infringement relies on the "helping" device being this "mobile station." Practitioners may focus on this term because there appears to be a mismatch: the helping device reports the presence of a different (lost) device, not its own. The viability of the infringement case for this patent may depend on whether the "mobile station" of the claim can be construed to be a third-party device acting as a sensor in a network.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The term "mobile station" is a general term for a mobile device. The claims do not explicitly state that the mobile station must be the device whose owner benefits from the adjusted service parameter.
- Evidence for a Narrower Interpretation: The claim language "about its presence" suggests the report is self-referential. The patent's objective is to adapt an "operating parameter" (like a tariff) for the mobile station that enters the special area, implying the mobile station being monitored and the beneficiary of the service are the same entity (’040 Patent, col. 2:30-35).
VI. Other Allegations
- Indirect Infringement: The complaint alleges inducement of infringement, stating that Defendants provide instructions, product manuals, and marketing materials that encourage and instruct end-users to enable and use the SmartThings Find feature in a manner that directly infringes the patents-in-suit (Compl. ¶¶52, 82). The complaint also alleges contributory infringement, asserting the accused software components are material to the invention, not staple articles of commerce, and are known by Defendants to be especially adapted for infringement (Compl. ¶¶54, 84).
- Willful Infringement: The complaint alleges that Defendants had "actual notice of the Asserted Patents, at least as of the filing date of this complaint" (Compl. ¶26). This pleading basis suggests that the willfulness allegation is predicated on continued infringement after the complaint was filed, rather than on pre-suit knowledge.
VII. Analyst’s Conclusion: Key Questions for the Case
The resolution of this dispute may turn on the answers to several central questions for the court:
- A core issue will be one of definitional scope: can the term "special area," rooted in the patents' context of operator-defined zones for applying specific tariffs or services to a user, be construed to cover the dynamic, ad-hoc, and constantly changing crowdsourced network created by the accused SmartThings Find service?
- A key legal question will be one of infringing actor: do the claims, which are directed to a "mobile station" that determines and reports its own presence in a special area, read on the accused "helping" device, which instead detects and reports the presence of a separate, lost device? The answer will determine if there is a fundamental mismatch between the claimed invention and the accused system's operation.
- An evidentiary question will concern the "predetermined environment" recited in the ’720 Patent: does the complaint's definition—an area outside the range of a user's other personal devices—find support in the patent's specification, and can such a dynamically defined space be considered "predetermined" as required by the claim?