NuCurrent Inc v. ASUSTeK Computer Inc

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: NuCurrent, Inc. (Delaware)
  • Defendant: AsusTek Computer Inc. (Taiwan)
  • Plaintiff’s Counsel: Global IP Law Group, LLC
• Case Identification: 2:24-cv-00696, E.D. Tex., 08/26/2024
• Venue Allegations: Venue is asserted under 28 U.S.C. § 1391(c)(3), which permits suing a non-U.S. resident defendant in any judicial district. The complaint also alleges Defendant conducts substantial business in and directs products into the Eastern District of Texas.
• Core Dispute: Plaintiff alleges that Defendant’s wireless charging products, including chargers, earbuds, and smartphones, infringe five U.S. patents related to multi-layer, multi-turn inductor structures designed for high-efficiency wireless power transfer.
• Technical Context: The technology concerns the physical design of inductor coils used in wireless charging systems to improve efficiency and reduce energy loss, a critical factor in the performance of consumer electronics.
• 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

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

U.S. Patent No. 9,208,942 - "Multi-layer-multi-turn structure for high efficiency wireless communication"

• Patent Identification: U.S. Patent No. 9208942, entitled “Multi-layer-multi-turn structure for high efficiency wireless communication,” issued on December 8, 2015.

The Invention Explained

• Problem Addressed: The patent family addresses the technical problem of the "skin effect" in conductors carrying high-frequency alternating current, where current concentrates near the conductor's surface (’003 Patent, col. 1:56-62). This phenomenon increases electrical resistance, leading to energy loss, reduced efficiency, and diminished performance in wireless power transfer systems (’003 Patent, col. 2:8-24).
• The Patented Solution: The invention is a physical structure for an inductor coil that mitigates the skin effect by using multiple, thin conductive layers separated by insulating layers (’003 Patent, Abstract). This multi-layer design increases the available surface area for current flow without significantly increasing the conductor's overall size, thereby reducing resistance and improving the inductor's quality factor, which is a measure of its efficiency (’003 Patent, col. 4:42-51).
• Technical Importance: This structural approach was designed to improve the efficiency and effective range of near-field wireless power systems, making them more practical for consumer electronics and implanted medical devices (’003 Patent, col. 2:41-56).

Key Claims at a Glance

• The complaint asserts independent claim 1 (Compl. ¶27).
• Claim 1 of the ’942 Patent recites:
  • A multi-layer-multi-turn structure for high efficiency wireless communication comprising:
  • a plurality of conductor layers;
  • an insulator layer separating each of said conductor layers; and
  • at least one connector connecting two of said conductor layers wherein an electrical resistance is reduced when an electrical signal is induced in said structure at a predetermined frequency.
• The complaint reserves the right to assert additional claims, including dependent claims (Compl. ¶29).

U.S. Patent No. 9,232,893 - "Method of operation of a multi-layer-multi-turn structure for high efficiency wireless communication"

• Patent Identification: U.S. Patent No. 9232893, entitled “Method of operation of a multi-layer-multi-turn structure for high efficiency wireless communication,” issued on January 12, 2016.

The Invention Explained

• Problem Addressed: This patent addresses the same technical problem as the ’942 Patent: inefficient wireless power transfer due to resistive losses caused by the skin effect at high frequencies (’893 Patent, col. 1:51-67).
• The Patented Solution: Rather than claiming a physical structure, this patent claims a method of operating such a structure. The method involves providing the multi-layer, multi-turn inductor and inducing an electrical signal within it to achieve high-efficiency wireless communication, thereby overcoming the limitations of conventional conductors (’893 Patent, col. 2:40-49, Abstract).
• Technical Importance: By claiming the method of use, the patent aims to cover the application of the multi-layer inductor technology in active wireless power systems.

Key Claims at a Glance

• The complaint asserts independent claims 1 and 11 (Compl. ¶27).
• Claim 1 of the ’893 Patent recites:
  • A method for operating a structure for high efficiency wireless communication, the method comprising the following steps:
  • providing a plurality of first conductors;
  • providing a plurality of first insulators, each of said first insulators positioned between each of said first conductors; and
  • inducing a first electrical signal in at least one of said plurality of first conductors.
• The complaint reserves the right to assert additional claims (Compl. ¶29).

U.S. Patent No. 11,336,003 - "Multi-layer, multi-turn inductor structure for wireless transfer of power"

• Patent Identification: U.S. Patent No. 11336003, entitled “Multi-layer, multi-turn inductor structure for wireless transfer of power,” issued May 17, 2022.
• Technology Synopsis: This patent describes a multi-layer, multi-turn inductor structure designed to reduce electrical resistance at a predetermined frequency to improve the efficiency of wireless power transfer (’003 Patent, Abstract). The structure comprises multiple conductor layers separated by insulator layers and connected by at least one connector.
• Asserted Claims: Claims 1-5, 6-9, 12-18, 20, 21, 23, and 24 are asserted, including independent claims 1, 6, 12, 20, and 23 (Compl. ¶27).
• Accused Features: The complaint alleges that the wireless charging antennas within ASUS’s Qi-compliant devices, such as the Balteus charger and Zenfone 10, embody the claimed structure (Compl. ¶18-24).

U.S. Patent No. 11,476,566 - "Multi-layer-multi-turn structure for high efficiency wireless communication"

• Patent Identification: U.S. Patent No. 11476566, entitled “Multi-layer-multi-turn structure for high efficiency wireless communication,” issued October 18, 2022.
• Technology Synopsis: This patent also relates to a multi-layer, multi-turn structure for wireless communication that reduces electrical resistance when a signal is induced. The structure includes multiple conductor layers, an insulator layer, and a connector to improve efficiency at a predetermined frequency (’566 Patent, Abstract).
• Asserted Claims: Claims 1, 2, 5, 9-19, and 22-24 are asserted, including independent claims 1, 9, and 22 (Compl. ¶27).
• Accused Features: The complaint accuses the wireless charging components of ASUS’s Qi-compliant products of infringement (Compl. ¶18-24).

U.S. Patent No. 11,916,400 - "Multi-layer-multi-turn structure for high efficiency wireless communication"

• Patent Identification: U.S. Patent No. 11916400, entitled “Multi-layer-multi-turn structure for high efficiency wireless communication,” issued February 27, 2024.
• Technology Synopsis: This patent covers a similar multi-layer, multi-turn inductor structure having conductor and insulator layers. The claimed invention is a structure for wireless communication that reduces electrical resistance when an electrical signal is induced at a predetermined frequency (’400 Patent, Abstract).
• Asserted Claims: Claims 1-16 are asserted, including independent claims 1, 8, and 15 (Compl. ¶27).
• Accused Features: The complaint accuses the wireless charging components of ASUS’s Qi-compliant products of infringement (Compl. ¶18-24).

III. The Accused Instrumentality

Product Identification

• The complaint identifies the "Accused Instrumentalities" as Qi-compliant wireless charging devices, specifically naming the ASUS-ROG Balteus Qi Wireless Charger (a transmitting "PTx" device), the ASUS ROG Cetra True Wireless Earbuds (a receiving "PRx" device), and the ASUS Zenfone 10 smartphone (a PRx device) (Compl. ¶19-21).

Functionality and Market Context

• The accused products are consumer electronics that implement the Qi wireless charging standard, governed by the Wireless Power Consortium ("WPC") (Compl. ¶19). The complaint alleges these products are certified as Qi-compliant, meaning they are designed to wirelessly transmit or receive power via magnetic induction (Compl. ¶19-20). A screenshot from the Wireless Power Consortium website shows the certification details for the accused ASUS Zenfone 10 smartphone (Compl. p. 10). A diagram from the user manual for the accused ASUS ROG Cetra True Wireless Earbuds illustrates the wireless charging functionality of the device's case (Compl. p. 9). The complaint notes the power capabilities of the devices, such as the Balteus charger delivering up to 5.0W and the Zenfone 10 receiving up to 12.0W (Compl. ¶20, 24).

IV. Analysis of Infringement Allegations

The complaint alleges that ASUS directly infringes the patents-in-suit by making, using, selling, and importing the Accused Instrumentalities (Compl. ¶18, 30). The complaint states that claim charts demonstrating infringement are attached as Exhibit 1 (Compl. ¶28). However, this exhibit was not filed with the public version of the complaint.

Without the claim charts, a detailed element-by-element analysis of the infringement allegations is not possible based on the provided documents. The general infringement theory articulated in the complaint is that the wireless charging antennas within the accused ASUS products are physical embodiments of the claimed multi-layer, multi-turn structures, and that by operating these products, ASUS performs the steps of the asserted method claims (Compl. ¶18). A screenshot from the Wireless Power Consortium website shows the certification details for the accused ASUS-ROG Balteus Qi Wireless Charger, which Plaintiff identifies as a PTx device (Compl. p. 8).

• Identified Points of Contention:
  • Factual Questions: A central point of contention will likely be a factual one: do the coils within the accused ASUS products actually contain the specific multi-layer, multi-turn structure with distinct conductive layers, insulators, and connectors as required by the claims? The complaint alleges compliance with the Qi standard but provides no direct evidence, such as from a product teardown, that the accused products practice the patented structure.
  • Method Infringement: For the ’893 Patent, a key question will be whether ASUS's operation of its devices constitutes performance of all steps of the claimed method. Proving infringement of a method claim by operating a device can present different evidentiary challenges than proving the existence of a physical structure.

V. Key Claim Terms for Construction

• The Term: "multi-layer-multi-turn structure"

  • Context and Importance: This term, appearing in the preamble of multiple independent claims (e.g., ’942 Patent, Claim 1), defines the fundamental nature of the claimed invention. Its construction will be critical in determining whether the accused products, which contain some form of coiled antenna, fall within the scope of the claims.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The specification describes the structure's applicability to a wide range of wireless power and data systems, including RFID, medical implants, and consumer electronics (’003 Patent, col. 2:31-40). This could support a construction that is not limited to a single application.
    • Evidence for a Narrower Interpretation: The background and summary sections heavily frame the invention as a solution to the "skin effect" at high frequencies by using specific layered configurations (’003 Patent, col. 1:56-62, col. 4:42-51). A defendant may argue that the term should be limited to structures specifically designed with conductor thicknesses and materials that demonstrably mitigate this effect, as opposed to any arbitrary layered coil.

• The Term: "connector connecting two of said conductor layers"

  • Context and Importance: This element is recited in structural claims (e.g., ’942 Patent, Claim 1) and defines how the separate conductive layers are electrically joined. Practitioners may focus on this term because the physical implementation of the connection will be a key factual issue in comparing the claims to the accused devices.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The specification provides a non-limiting list of examples, including "a via, a solder, a tab, a wire, a pin, or a rivet" (’003 Patent, col. 4:50-54), suggesting the term should be read broadly to encompass various forms of electrical connection.
    • Evidence for a Narrower Interpretation: The patent figures consistently depict connectors as distinct elements, such as vias, that bridge the gap between planar layers (’003 Patent, Fig. 8B, element 530). A defendant could argue that this limitation requires a discrete connecting component and would not be met by, for instance, a single continuous wire that is merely formed into a multi-layered shape.

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

This dispute will likely center on two key questions for the court:

• A core issue will be one of structural evidence: what factual proof will NuCurrent provide that the inductor coils inside ASUS's mass-market, Qi-standard products are actually built using the specific multi-layer, multi-turn architecture described in the patents, as opposed to more conventional coil designs?
• A key legal question will be one of claim scope: can the term "multi-layer-multi-turn structure", which the patents describe as a solution to the high-frequency "skin effect," be construed broadly enough to read on the coils used in the accused Qi charging systems, which typically operate at lower frequencies where such effects are less pronounced?