DCT

2:24-cv-00822

IngenioSpec LLC v. Bose Corp

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:24-cv-00822, E.D. Tex., 10/07/2024
  • Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Texas because Defendant Bose, a Massachusetts corporation, maintains regular and established places of business in the district and has committed acts of infringement there.
  • Core Dispute: Plaintiff alleges that Defendant’s Bose QuietComfort Ultra Earbuds infringe four patents related to wearable electronic devices, including features for wireless audio, charging, user interfaces, and hearing enhancement.
  • Technical Context: The technology concerns the integration of various electronic functionalities, such as audio playback, communication, and user control, into compact, head-worn devices like wireless earbuds.
  • Key Procedural History: Plaintiff alleges that it sent a letter to Bose on June 20, 2024, providing notice of the asserted patents and its belief that Bose products required a license. The complaint also notes that Plaintiff has licensed its patented technology to more than a dozen other corporations.

Case Timeline

Date Event
2003-04-15 ’789 Patent Priority Date
2004-07-28 ’518, ’4901, and ’2901 Patents Priority Date
2013-11-12 U.S. Patent No. 8,582,789 Issues
2023-11-28 U.S. Patent No. 11,829,518 Issues
2023-12-26 U.S. Patent No. 11,852,901 Issues
2024-06-20 Plaintiff sends letter to Defendant alleging infringement
2024-07-23 U.S. Patent No. 12,044,901 Issues
2024-10-07 Complaint Filed

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

U.S. Patent No. 11,829,518 - “Head-Worn Device with Connection Region”

  • Patent Identification: U.S. Patent No. 11,829,518, titled “Head-Worn Device with Connection Region,” issued November 28, 2023.

The Invention Explained

  • Problem Addressed: The patent’s background section describes the inconvenience of handling portable electronic devices, such as music players or mobile phones, which often requires a cumbersome, multi-step process to use, especially in environments like cold weather (U.S. Patent No. 11,829,518, col. 3:11-23). The background also notes the difficulty of using a mobile phone for both voice calls and text messaging, as holding the phone to one's ear for a call prevents viewing the screen (U.S. Patent No. 11,829,518, col. 3:44-54).
  • The Patented Solution: The invention proposes integrating electronic functionalities into a head-worn device, such as an eyewear frame, to make them easier to operate hands-free (U.S. Patent No. 11,829,518, Abstract). A key aspect is a touch-sensitive input surface on the device's frame, which allows a user to control functions without moving mechanical parts, and an electrical connector for coupling to external devices or chargers (U.S. Patent No. 11,829,518, col. 4:1-12).
  • Technical Importance: The solution aims to improve the usability of portable electronics by embedding them into a wearable form factor, thereby reducing the need for users to physically handle separate devices for common tasks like listening to music or communicating (U.S. Patent No. 11,829,518, col. 3:24-26).

Key Claims at a Glance

  • The complaint asserts infringement of at least independent claim 1 (Compl. ¶22).
  • Claim 1 of the ’518 Patent requires:
    • A head-worn wireless electronic apparatus configured for producing audio outputs for a user.
    • A speaker in the apparatus.
    • An electrical connector with at least two conductive pads on a surface of the apparatus, configured to removably couple to a counterpart connector.
    • A rechargeable battery.
    • A microphone.
    • A touch-sensitive input surface configured to generate an electrical signal for an operation based on a touch input.
  • The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 12,044,901 - “System For Charging Embedded Battery in Wireless Head-Worn Personal Electronic Apparatus”

  • Patent Identification: U.S. Patent No. 12,044,901, titled “System For Charging Embedded Battery in Wireless Head-Worn Personal Electronic Apparatus,” issued July 23, 2024.

The Invention Explained

  • Problem Addressed: The patent addresses the same problems as the ’518 Patent, namely the inconvenience of managing separate portable electronic devices and the need for a more integrated, hands-free user experience (U.S. Patent No. 12,044,901, col. 3:11-54).
  • The Patented Solution: This patent focuses on a complete system that includes both the head-worn device and a separate charging apparatus. The head-worn device has conductive elements that connect to a counterpart connector on the charging apparatus, allowing the device’s internal rechargeable battery to be recharged when placed in the apparatus (U.S. Patent No. 12,044,901, Abstract; col. 45:16-48).
  • Technical Importance: The invention provides a dedicated charging solution tailored to the wearable device, simplifying power management for a user and completing the product ecosystem (U.S. Patent No. 12,044,901, col. 45:16-48).

Key Claims at a Glance

  • The complaint asserts infringement of at least independent claim 1 (Compl. ¶31).
  • Claim 1 of the ’4901 Patent requires a system comprising:
    • A head-worn personal electronic apparatus which itself includes a speaker, touch sensitive surface, rechargeable battery, electronic circuitry, wireless communication circuitry, and at least one conductive element.
    • A charging apparatus having at least a charging connector, where placement of the head-worn apparatus in the charging apparatus results in an electrical connection between the conductive element and the charging connector to recharge the battery.
  • The complaint does not explicitly reserve the right to assert dependent claims.

Multi-Patent Capsules

U.S. Patent No. 8,582,789 - “Hearing Enhancement Systems”

  • Patent Identification: U.S. Patent No. 8,582,789, titled “Hearing Enhancement Systems,” issued November 12, 2013.
  • Technology Synopsis: The ’789 Patent describes a hearing enhancement system that uses a directional speaker to transmit ultrasonic signals, which are then transformed into audible sound near the user's ear. This method allows for hearing enhancement while leaving the user's ear canal open, and the system can be configured to modify audio based on a user's specific hearing characteristics (U.S. Patent No. 8,582,789, Abstract).
  • Asserted Claims: The complaint asserts infringement of at least independent claim 13 (Compl. ¶40).
  • Accused Features: The complaint alleges that the Bose QuietComfort Ultra Earbuds function as hearing enhancement systems that modify audio signals based on a user's hearing characteristics (Compl. ¶39).

U.S. Patent No. 11,852,901 - “Wireless Headset Supporting Messages and Hearing Enhancement”

  • Patent Identification: U.S. Patent No. 11,852,901, titled “Wireless Headset Supporting Messages and Hearing Enhancement,” issued December 26, 2023.
  • Technology Synopsis: The ’2901 Patent describes a wireless headset that combines hearing enhancement with messaging capabilities. The headset can modify audio output based on a user's hearing profile and can also process incoming messages, such as voice calls, providing notifications and allowing the user to respond (U.S. Patent No. 11,852,901, Abstract; col. 6:22-38).
  • Asserted Claims: The complaint asserts infringement of at least independent claim 10 (Compl. ¶49).
  • Accused Features: The complaint accuses the Bose QuietComfort Ultra Earbuds of being wireless wearable devices that infringe the patent’s claims (Compl. ¶48).

III. The Accused Instrumentality

  • Product Identification: The Bose QuietComfort Ultra Earbuds are the accused instrumentality for all four asserted patents (Compl. ¶21, 30, 39, 48).
  • Functionality and Market Context: The complaint alleges the accused products are wireless electronic devices that produce audio output for a user (Compl. ¶21). The allegations suggest the earbuds incorporate a speaker, a touch-sensitive surface for user control, a rechargeable battery, electronic circuitry, and at least one conductive element for charging via a counterpart connector (e.g., in a charging case) (Compl. ¶30). The complaint further alleges that the products provide hearing enhancement features that modify audio based on a user's hearing characteristics (Compl. ¶39). No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

The complaint references preliminary infringement claim charts attached as Exhibits 5, 6, 7, and 8, but these exhibits were not provided. Therefore, the narrative infringement theories are summarized below in prose.

  • ’518 Patent Infringement Allegations: The complaint alleges that the Bose QuietComfort Ultra Earbuds are "wireless electronic devices" that meet all limitations of at least claim 1 of the ’518 patent (Compl. ¶21-22). The allegations suggest the earbuds embody the claimed speaker, microphone, rechargeable battery, touch-sensitive input surface, and an electrical connector with conductive pads for removably coupling to an external counterpart connector, such as a charging case (Compl. ¶21).
  • ’4901 Patent Infringement Allegations: The complaint alleges that the Bose QuietComfort Ultra Earbuds, as a "personal electronic apparatus," together with their charging system, meet all limitations of at least claim 1 of the ’4901 patent (Compl. ¶30-31). The theory suggests the earbuds contain the claimed speaker, touch surface, and rechargeable battery, while the charging case constitutes the claimed "charging apparatus" that connects to the earbuds' conductive elements to recharge the battery (Compl. ¶30).
  • Identified Points of Contention:
    • Scope Questions: A central question may be whether the term "head-worn... apparatus" as used in the patents, which frequently use eyewear frames as an illustrative embodiment, can be construed to read on the form factor of wireless earbuds. Further, for the ’4901 patent, a question for the court may be whether the earbuds and their separate charging case together constitute the claimed "system."
    • Technical Questions: The complaint's allegations are general. A key technical question will be what specific components and software in the accused earbuds perform the functions required by each claim element. For example, what evidence demonstrates that the earbuds' user interface constitutes the claimed "touch-sensitive input surface" that generates an electrical signal for an "operation" in the manner claimed.

V. Key Claim Terms for Construction

  • The Term: "head-worn wireless electronic apparatus" (from claim 1 of the ’518 Patent and claim 1 of the ’4901 Patent).
  • Context and Importance: This term defines the overall device. The patents' specifications and figures heavily feature eyewear as the exemplary embodiment. Defendant may argue that the term should be limited to devices worn like glasses, whereas Plaintiff will likely argue it broadly covers any device worn on the head, including earbuds. The construction of this term may be dispositive for infringement.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The claims themselves use the general term "head-worn... apparatus" without limiting it to eyewear (’518 Patent, col. 45:16-17). The abstract of the ’518 patent also references a "headset" as an alternative embodiment, which may support a construction that includes in-ear devices (’518 Patent, Abstract).
    • Evidence for a Narrower Interpretation: The detailed description and figures of the ’518 patent consistently describe the invention in the context of an "eyewear frame" with "temples" and "lens holders" (’518 Patent, col. 5:11-21; Fig. 1). A defendant may argue these repeated, specific examples limit the scope of the broader claim term to an eyewear-like structure.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges induced infringement for all four patents. The basis is the allegation that Bose actively encourages and instructs customers, through user manuals or other materials, to use the accused products in a way that directly infringes the claims (Compl. ¶23, 32, 41, 50). Knowledge is alleged based on a pre-suit letter dated June 20, 2024, and the filing of the complaint itself (Compl. ¶23, 32, 41, 50).
  • Willful Infringement: The complaint alleges that Bose's infringement has been and continues to be willful, reckless, and egregious. This allegation is based on Bose’s alleged knowledge of the patents from at least the June 20, 2024 letter and its continued infringing activities thereafter (Compl. ¶27, 36, 45, 54).

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

  • A core issue will be one of definitional scope: can the term “head-worn... apparatus,” described and depicted primarily in the context of eyewear, be construed to cover the distinct form factor of in-ear wireless earbuds? The outcome of claim construction for this term could significantly influence the entire case.
  • A second key question will be one of system-level infringement: for patents claiming a system comprising multiple components (such as the ’4901 patent claiming a head-worn apparatus and a charging apparatus), does the combination of the accused earbuds and their separate charging case, when sold and used together, satisfy all limitations of the claimed system?
  • A central evidentiary question will be one of technical mapping: without the preliminary claim charts, the complaint offers a high-level infringement theory. A key focus for discovery will be to determine precisely how the hardware and software of the accused Bose QuietComfort Ultra Earbuds allegedly perform each of the specific functions recited in the asserted claims.