DCT
2:25-cv-00593
Damaka Inc v. Cisco Systems Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Damaka, Inc. (Texas)
- Defendant: Cisco Systems, Inc. (Delaware)
- Plaintiff’s Counsel: Fabricant LLP
- Case Identification: [Damaka, Inc.](https://ai-lab.exparte.com/party/damaka-inc) v. [Cisco Systems, Inc.](https://ai-lab.exparte.com/party/cisco-systems-inc), 2:25-cv-00593, E.D. Tex., 05/30/2025
- Venue Allegations: Venue is alleged to be proper based on Defendant's regular and established places of business within the Eastern District of Texas, including a 162,000-square-foot data center in Allen, Texas.
- Core Dispute: Plaintiff alleges that Defendant’s Cisco Webex applications and Software Development Kits (SDKs) infringe six patents related to methods for integrating communication functionalities into software applications without requiring users to switch between different programs.
- Technical Context: The technology at issue addresses the integration of real-time communication services, such as audio/video calling, directly within a primary software application, a foundational capability for modern collaboration platforms.
- Key Procedural History: The complaint notes that the parties have had "business dealings in the past" but does not specify any prior litigation, licensing history, or inter partes review proceedings concerning the patents-in-suit.
Case Timeline
| Date | Event |
|---|---|
| 2013-07-16 | Earliest Priority Date for all Patents-in-Suit |
| 2015-05-05 | U.S. Patent No. 9,027,032 Issued |
| 2016-02-23 | U.S. Patent No. 9,270,744 Issued |
| 2017-02-21 | U.S. Patent No. 9,578,092 Issued |
| 2019-01-01 | Approximate date from which Accused Products have been available |
| 2023-02-07 | U.S. Patent No. 11,576,046 Issued |
| 2024-03-12 | U.S. Patent No. 11,930,362 Issued |
| 2025-04-15 | U.S. Patent No. 12,279,116 Issued |
| 2025-05-30 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 9,027,032 - “System And Method For Providing Additional Functionality To Existing Software In An Integrated Manner”
The Invention Explained
- Problem Addressed: The patent describes the problem of "context switching" on mobile devices, where a user must leave a primary application to access a different function (like email or video calling) in a separate application. This process is described as disruptive to the user experience and a drain on device resources like performance and battery life (’032 Patent, col. 3:51-4:11).
- The Patented Solution: The invention proposes a "function block," a set of instructions compiled into a primary "superblock application." This function block provides additional capabilities, such as audio/video calls, that can be accessed via an Application Programming Interface (API) and rendered directly within the superblock application's display, thereby avoiding the need to switch applications (’032 Patent, Abstract; col. 4:12-29).
- Technical Importance: This architecture enables developers to integrate advanced, often network-dependent, communication features into their applications while maintaining a seamless user experience.
Key Claims at a Glance
- The complaint asserts independent claim 15 (Compl. ¶21).
- The essential elements of claim 15, a method claim, include:
- Receiving, by a "function block" on a mobile device, a request for an A/V call from a "superblock application."
- Determining, by the function block, that the superblock application is authorized to access the A/V functionality.
- Determining, by the function block, that the A/V call requires access to an external resource.
- Establishing the A/V call between the superblock application and the external resource via a network interface, where this capability is not natively supported by the superblock application.
- Providing video output to a video window that is displayed simultaneously with the superblock application's display window.
- Providing audio for the A/V call.
- The complaint reserves the right to assert additional claims (Compl. ¶20).
U.S. Patent No. 9,578,092 - “System And Method For Providing Additional Functionality To Existing Software In An Integrated Manner”
The Invention Explained
- Problem Addressed: The ’092 Patent addresses the same technical problem as the ’032 Patent: the inefficiency and poor user experience caused by context switching between applications on mobile devices to access different functionalities (’092 Patent, col. 3:51-4:11).
- The Patented Solution: The solution is also a "function block" integrated within a "superblock application" to provide services without leaving the primary application's environment. The ’092 patent claims this concept as a "computer program product" stored on a non-transitory computer-readable medium, targeting the software itself as an infringing article (’092 Patent, Abstract; col. 19:40-45).
- Technical Importance: Claiming the invention as a computer program product allows the patent to cover the software package itself (e.g., an SDK or an application on an app store) in addition to methods of its use.
Key Claims at a Glance
- The complaint asserts independent claim 1 (Compl. ¶34).
- The essential elements of claim 1, a computer program product claim, require a non-transitory medium with instructions for a "function block" that, when executed, is operative to:
- Receive a request for an A/V service from a "superblock application."
- Determine the superblock application is authorized.
- Determine the service requires an external resource.
- Establish the service with the external resource via a network interface, a capability not otherwise supported by the superblock.
- Provide video output to a window displayed simultaneously with the superblock's window.
- Provide audio for the A/V service.
- The complaint reserves the right to assert additional claims (Compl. ¶33).
U.S. Patent No. 9,270,744 - “System And Method For Providing Additional Functionality To Existing Software In An Integrated Manner”
- Patent Identification: U.S. Patent No. 9,270,744, issued February 23, 2016 (Compl. ¶9).
- Technology Synopsis: The patent addresses the context-switching problem with a function block architecture. The asserted claim emphasizes that the steps of receiving, determining, establishing, and providing the communication service are performed "without switching context from the superblock application to another application on the mobile device" (’744 Patent, col. 18:49-55).
- Asserted Claims: Independent claim 20 is asserted (Compl. ¶49).
- Accused Features: The Cisco Webex SDK is accused of being a function block that is embedded within a third-party application to provide communication services without requiring the user to switch to a different application (Compl. ¶¶ 50, 53).
U.S. Patent No. 11,576,046 - “System And Method For Providing Additional Functionality To Existing Software In An Integrated Manner”
- Patent Identification: U.S. Patent No. 11,576,046, issued February 7, 2023 (Compl. ¶10).
- Technology Synopsis: The patent describes a method for providing a service to a superblock application via a function block that accesses an external resource. The asserted claim requires that the "function block is accessible only to the superblock application on the electronic device" and that the service is provided "without switching context" (’046 Patent, col. 20:40-50).
- Asserted Claims: Independent claim 11 is asserted (Compl. ¶61).
- Accused Features: The Cisco Webex SDKs are accused of being function blocks embedded in applications that access "Webex Cloud servers" to provide A/V calls without requiring a switch to a different application (Compl. ¶¶ 63-64).
U.S. Patent No. 11,930,362 - “System And Method For Providing Additional Functionality To Existing Software In An Integrated Manner”
- Patent Identification: U.S. Patent No. 11,930,362, issued March 12, 2024 (Compl. ¶11).
- Technology Synopsis: This patent claims a method for enabling an end-to-end communication session between two users. The method involves creating for storage on a server two "superblock applications" (one for each user), each with a function block compiled therein that communicates via API calls to establish the session (’362 Patent, Abstract; col. 25:19-32).
- Asserted Claims: Independent claim 1 is asserted (Compl. ¶72).
- Accused Features: The Cisco Webex product is accused of practicing the method, where the Webex applications on each user's device act as the "superblock applications" with compiled-in function blocks that communicate with Cisco's back-end servers and each other (Compl. ¶¶ 73, 74, 76).
U.S. Patent No. 12,279,116 - “System And Method For Providing Additional Functionality To Existing Software In An Integrated Manner”
- Patent Identification: U.S. Patent No. 12,279,116, issued April 15, 2025 (Compl. ¶12).
- Technology Synopsis: This patent claims a method of providing a real-time communication session by providing a function block for compilation into a third-party application. The method requires the function block to be configured to interact with the application through API calls and to establish the session using one or more servers over the internet (’116 Patent, Abstract; col. 31:16-33).
- Asserted Claims: Independent claim 1 is asserted (Compl. ¶87).
- Accused Features: The Cisco Webex SDK is accused of being the "function block" that is provided for compilation into third-party applications to enable real-time communication sessions via cloud servers and API calls (Compl. ¶¶ 89, 90).
III. The Accused Instrumentality
Product Identification
The Accused Products are identified as "all versions and variants of the Cisco Web and Mobile A/V Applications, and Cisco’s A/V SDKs, since 2019," specifically including the "Cisco Mobile and Web Application 'Webex,' and the Webex SDKs" (Compl. ¶15).
Functionality and Market Context
The complaint alleges that the Webex SDKs are software development kits that developers can integrate into their own applications to add audio and video calling functionality (Compl. ¶22). This functionality is allegedly provided by the SDK acting as a "function block" that communicates over a network with external resources, such as Cisco's "Webex cloud" servers, to establish calls and perform user validation (Compl. ¶¶ 23, 63). The complaint presents a screenshot from developer documentation stating, "The Webex iOS SDK is the easiest way to integrate Webex into your iOS app" (Compl. p. 7).
IV. Analysis of Infringement Allegations
U.S. Patent No. 9,027,032 - Infringement Allegations
| Claim Element (from Independent Claim 15) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| receiving, by a function block... a request for an audio/video (A/V) call from a superblock application... | The Webex SDK provides a function that can be called by an application to "make and receive audio/video calls." | ¶22 | col. 5:32-38 |
| determining, by the function block, that the superblock application is authorized to access A/V call functionality... | To use Webex SDK A/V resources, a user must be validated remotely as an authorized user through a server-based authentication flow. | ¶23 | col. 10:43-49 |
| determining, by the function block, that the A/V call requires access to a resource that is external to the mobile device... | The user validation and call establishment require connection to an external authorization server. A diagram shows a client communicating with an authorization server (Compl. p. 8). | ¶23 | col. 5:40-49 |
| establishing, by the function block, the A/V call between the superblock application and the resource via a network interface, wherein such establishing is not supported by the superblock application | The Webex SDK allows an application to establish an A/V call over a network, providing functionality not otherwise supported by the application itself. | ¶24 | col. 4:43-47 |
| providing, by the function block, video output for the A/V call to a video window within a display window of the superblock application... wherein the video window is displayed simultaneously... | The Webex SDK creates a video display window within the superblock application's main window. A marketing photo shows a multi-party video call on a phone screen (Compl. p. 10). | ¶25 | col. 6:20-25 |
| providing, by the function block, audio for the A/V call via the mobile device. | The Webex SDK provides a function block to establish an A/V call, which includes audio, via a mobile device. | ¶26 | col. 5:45-49 |
Identified Points of Contention
- Scope Questions: The complaint's theory relies on the Webex SDK being the "function block" and a third-party developer's application being the "superblock application." This raises the question of whether the claimed combination exists as a single infringing article or method attributable to the Defendant, or if infringement only occurs through the actions of third parties.
- Technical Questions: Does the alleged user authentication flow (Compl. p. 8) satisfy the claim element of determining that the "superblock application is authorized," or does it only authenticate the end-user? The patent language suggests an authorization process specific to the application itself (’032 Patent, col. 10:43-49).
U.S. Patent No. 9,578,092 - Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a computer program product in a non-transitory computer readable medium... contains computer program instructions comprising a function block... | The Accused Products are computer program products, such as the Webex Mobile SDKs, that reside on a mobile phone and include a function block for A/V calling. | ¶35 | col. 19:40-45 |
| the function block is operative... to: (a) receive from a superblock application a request for an audio/video (A/V) service; | The superblock application can call the Webex SDK A/V service. A code snippet shows the webex.phone.dial(...) API call (Compl. p. 14). |
¶36 | col. 5:32-38 |
| (ii) determine that the superblock application is authorized to access the A/V service functionality; | To use Webex SDK resources, the user must be validated remotely as an authorized user. | ¶37 | col. 10:43-49 |
| (iii) determine that the A/V service requires access to a resource that is external to the data processing system; | The Webex SDK requires authorization via an external server to function. The complaint presents a diagram of this authorization flow (Compl. p. 15). | ¶38 | col. 5:40-49 |
| (iv) establish the A/V service... via the network interface, wherein establishing is not otherwise supported by the superblock application; | The Webex SDK allows a user to establish an A/V call between the application and a resource over a network, providing functionality the application does not natively possess. | ¶39 | col. 4:43-47 |
| (v) provide video output for the A/V service to a video window... displayable simultaneously... | The Webex SDKs create a window that is displayable simultaneously with the display window of the superblock application. | ¶40 | col. 6:20-25 |
| (vi) provide audio for the A/V service. | The Cisco Webex SDKs provide audio and video calls. | ¶41 | col. 5:45-49 |
Identified Points of Contention
- Scope Questions: Does the Webex SDK, as distributed by Cisco, constitute the complete claimed "computer program product," which requires instructions for both a "function block" and a "superblock application"? A potential dispute is whether the claimed product only comes into existence after a third-party developer combines the SDK with their own application code, raising questions about direct infringement by Cisco.
V. Key Claim Terms for Construction
The Term: "function block"
- Context and Importance: This term is central to all asserted patents. Its construction will determine whether a software development kit (SDK), which is a set of tools provided to third-party developers, falls within the scope of the claimed invention. Practitioners may focus on this term because the infringement theory equates the Webex SDK with the "function block."
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes the function block as a "set of executable instructions" that can be "provided as a software developer's kit (SDK)" and "compiled or otherwise include[d]" in the superblock application (’032 Patent, col. 3:1-2; col. 4:63-65; col. 5:1-3). This language may support an interpretation that covers SDKs.
- Evidence for a Narrower Interpretation: The figures and some descriptive text depict the function block as a component "attached via a glue point" and contained entirely "within the superblock" (’032 Patent, Fig. 2A; col. 4:35-38). This could suggest a more tightly integrated component than a general-purpose SDK.
The Term: "superblock application"
- Context and Importance: The relationship between the "function block" and the "superblock application" is critical for determining infringement. The definition of this term will be key to arguments about whether Cisco directly infringes by providing the SDK, or whether infringement can only occur indirectly through the actions of third-party developers who create the final application.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification defines the superblock simply as an "application... on the mobile device" that is enhanced by the function block (’032 Patent, col. 3:4-6). This general definition could encompass any third-party application that incorporates the SDK.
- Evidence for a Narrower Interpretation: The consistent depiction of the function block as an internal component of the superblock in patent figures may support an interpretation that the two are parts of a single, indivisible software product (’032 Patent, Figs. 2A, 3A, 3B).
VI. Other Allegations
Indirect Infringement
The complaint alleges inducement by asserting that Cisco provides instructions, documentation, marketing, and technical support that encourage customers and end-users to use the Webex SDKs in an infringing manner (Compl. ¶¶ 28, 43, 55, 66, 81, 92). It also alleges contributory infringement, claiming the Webex SDKs are material components specially made and adapted for infringement, are not staple articles of commerce, and have no substantial non-infringing uses (Compl. ¶¶ 29, 44, 56, 67, 82, 93).
Willful Infringement
Willfulness is alleged based on Cisco’s status as a major technology company that "should have been aware" of Plaintiff's patents. The complaint also pleads willful blindness, alleging Cisco has a "policy or practice of not reviewing the patents of others" and that there was a "high likelihood that patents filed on innovations by Plaintiff read on the Accused Products" (Compl. ¶17).
VII. Analyst’s Conclusion: Key Questions for the Case
- A central issue will be one of indirect vs. direct infringement: a significant part of the dispute may turn on whether Cisco's act of providing the Webex SDK to third-party developers, who then create the final allegedly infringing applications, constitutes direct infringement by Cisco. Alternatively, the case may depend on Plaintiff's ability to prove the specific knowledge and intent elements required for induced and contributory infringement.
- Another core issue will be one of definitional scope: can the term "function block," as described and claimed in the patents, be construed to read on a general-purpose software development kit (SDK)? The resolution of this claim construction question may substantially determine the outcome of the infringement analysis.
- A key evidentiary question will be one of technical mapping: does the publicly available documentation for the Webex products provide sufficient technical detail to demonstrate that the accused systems perform each specific step of the asserted method claims, such as the "authorization" of the "superblock application" itself, as distinct from end-user authentication?