DCT
2:25-cv-00602
Mimzi LLC v. Subaru Corp
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Mimzi, LLC (Alabama)
- Defendant: Nissan Motor Co, Ltd. (Japan)
- Plaintiff’s Counsel: Kent & Risley LLC
- Case Identification: 2:25-cv-00602, E.D. Tex., 10/27/2025
- Venue Allegations: Venue is asserted on the basis that Defendant is a foreign corporation, making venue proper in any judicial district pursuant to 28 U.S.C. § 1391(c).
- Core Dispute: Plaintiff alleges that Defendant’s in-vehicle infotainment systems, including those equipped with Apple CarPlay, Android Auto, and Google Built-In, infringe patents related to location-based information retrieval and interaction with community-based databases.
- Technical Context: The technology at issue involves the integration of mobile device computing and vehicle telematics to provide drivers with location-aware, voice-activated information services, a central feature in the competitive modern automotive market.
- Key Procedural History: The complaint notes that it is a "First Amended Complaint" and that Defendant's allegedly infringing conduct has continued since its receipt of Plaintiff's original complaint, which may form the basis for a future claim of willful infringement.
Case Timeline
| Date | Event |
|---|---|
| 2008-07-29 | Priority Date for ’163 and ’361 Patents |
| 2017-10-17 | U.S. Patent No. 9,792,361 Issues |
| 2021-08-24 | U.S. Patent No. 11,100,163 Issues |
| 2025-10-27 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 11,100,163 - "Photographic Memory"
- Patent Identification: U.S. Patent No. 11,100,163, “Photographic Memory,” issued August 24, 2021.
The Invention Explained
- Problem Addressed: The patent describes a technological landscape where communications like email are easily searchable, but ephemeral data from phone calls, meetings, or real-world observations are not stored in a "centralized computerized repository" that can be searched with a single query (’163 Patent, col. 1:59-2:2). Specifically, it identifies the need for a mobile user who sees a traffic hazard to easily send a spoken message with location data to a community database to warn others (’163 Patent, col. 2:21-29).
- The Patented Solution: The invention discloses a system where a server receives location data and other information from a user's mobile device. This server then accesses a database to retrieve relevant location-based information, such as travel information or advertisements triggered by spoken keywords, and presents this information back to the user on their mobile device (’163 Patent, Abstract; Fig. 1). The system architecture connects a mobile user's real-time context (location and voice input) with a backend database to deliver targeted information.
- Technical Importance: This approach sought to bridge the gap between a user's physical location and the vast amount of digital information available, making that information accessible and relevant through natural inputs like speech.
Key Claims at a Glance
- The complaint asserts independent claims 1, 11, and 22, along with various dependent claims (Compl. ¶17, ¶50).
- Independent Claim 1 recites the essential elements of a system for presenting location-based information:
- A communication network interface port.
- A database system configured to store and retrieve location-based travel information and location-based advertisements.
- At least one server configured to:
- Control access to the database.
- Receive a location from a mobile device.
- Receive location-based information from the mobile device.
- Retrieve travel information from the database dependent on the received location.
- Retrieve a location-based advertisement from the database dependent on the received location and relevant to at least one spoken keyword.
- Present the retrieved advertisement to the user.
- The complaint reserves the right to assert additional claims, including dependent claims (Compl. ¶50).
U.S. Patent No. 9,792,361 - "Photographic Memory"
- Patent Identification: U.S. Patent No. 9,792,361, “Photographic Memory,” issued October 17, 2017.
The Invention Explained
- Problem Addressed: Similar to the ’163 Patent, the background identifies the challenge of capturing and searching real-world, spoken information (’361 Patent, col. 1:47-53). It specifically highlights the scenario where a mobile user should be able to "send a spoken message, with speech-recognized text and location data, to a community searchable database" to instantly warn others of a road hazard (’361 Patent, col. 2:1-5).
- The Patented Solution: The invention describes a computer-implemented system where a user provides input (e.g., speech) to a mobile device. The system determines the device's location and transmits a request to a "social network database" containing roadway condition records. It then receives location-dependent information from this database, ranks it, and presents it to the user. A key feature is the system's ability to also "communicate a message... for creating a new record in the social network database," enabling users to both consume and contribute information (’361 Patent, Abstract; Fig. 1).
- Technical Importance: The technology aimed to create a dynamic, two-way flow of information between mobile users and a centralized, location-aware community database, particularly for time-sensitive data like traffic conditions.
Key Claims at a Glance
- The complaint asserts independent claims 1, 16, and 18, along with various dependent claims (Compl. ¶35, ¶65).
- Independent Claim 1 recites the essential elements of a system for presenting social network outputs:
- A hardware data input port to receive user input.
- An automated hardware processor to define a user request based on the input and the device's location.
- An automated hardware communication interface port configured to:
- Transmit the request to a social network database of roadway condition records.
- Receive location-dependent social network information back from the database.
- Communicate a message to create a new record in that database.
- An automated hardware user interface to present the received information, ranked by a social network ranking factor.
- The complaint reserves the right to assert additional claims (Compl. ¶65).
III. The Accused Instrumentality
Product Identification
The accused instrumentalities are Defendant’s Nissan and Infiniti vehicles equipped with in-vehicle infotainment systems that support Apple CarPlay, Android Auto, and/or Google Built-In functionality (Compl. ¶60, ¶75).
Functionality and Market Context
The complaint alleges that these systems allow a user to connect a smartphone or use built-in services to access applications for navigation, communication, and information retrieval on the vehicle's display (Compl. ¶51, ¶52). A central feature is the use of voice commands, such as activating Apple's Siri or Google Assistant, to perform tasks like searching for nearby points of interest or getting directions (Compl. p. 28, 38). These infotainment systems use the vehicle's location, determined by GPS, and a data connection to interact with remote servers (e.g., Apple Maps, Google Maps, Waze) to retrieve and display location-relevant information like maps, turn-by-turn directions, and business listings (Compl. p. 29, 40). The complaint includes screenshots from Nissan marketing materials demonstrating a user initiating a voice search for "the best coffee nearby" and receiving a list of local cafes from Yelp with ratings and locations (Compl. p. 28-29).
IV. Analysis of Infringement Allegations
11,100,163 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a database system, configured to automatically store and retrieve... location-based advertisements | Remote servers associated with applications like Apple Maps, Google Maps, and Waze store and provide business listings and points of interest that are presented based on location. | ¶54 | col. 15:61-65 |
| at least one server having at least one automated processor, configured to: automatically receive a location from a mobile electronic device | The vehicle's infotainment system, in conjunction with a connected smartphone or built-in module, transmits its GPS-determined location to remote servers (e.g., Apple's or Google's). | ¶54 | col. 15:66-67 |
| automatically retrieve a location-based advertisement from the database system dependent on at least the received location of the mobile electronic device and relevant to at least one spoken keyword | A user speaks a command like "Find the best coffee nearby," which is processed. The system then retrieves a list of local coffee shops from a service like Yelp, based on the vehicle's current location and the spoken keyword "coffee." | ¶51; p. 28-29 | col. 15:66-16:2 |
| automatically present the retrieved location-based advertisement to a user of the mobile electronic device | The retrieved list of coffee shops, including names, ratings, and locations, is displayed on the vehicle's infotainment screen for the user to view and select. A screenshot shows a list of cafes returned from a voice search being displayed on the NissanConnect screen (Compl. p. 29). | ¶51; p. 29 | col. 16:3-4 |
- Identified Points of Contention:
- Scope Questions: The analysis may turn on whether a list of search results for businesses (e.g., coffee shops from Yelp) constitutes "location-based advertisements" as required by the claim. The defense may argue these are organic search results, not "advertisements," raising a key claim construction issue.
- Technical Questions: A factual question may be what precise information is transmitted from the vehicle to the server and how the server processes the "spoken keyword" to select and retrieve the allegedly infringing advertisements.
9,792,361 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| an automated hardware processor configured to define a user request dependent on the user input and metadata... comprising at least the location of the mobile electronic device | The vehicle's infotainment processor receives a user's voice command (e.g., a spoken report of a traffic jam) and combines it with the vehicle's current GPS location to form a request. | ¶66; p. 31 | col. 16:27-31 |
| automatically transmit the user request to a social network database comprising a plurality of roadway condition records | The infotainment system transmits the user's request over a data network to a mapping service like Waze or Google Maps, which the complaint alleges function as social network databases containing user-reported and real-time roadway conditions. | ¶69; p. 31 | col. 16:32-36 |
| automatically receive location-dependent social network information from the social network database | The system receives back data such as real-time traffic information, hazard alerts, or rerouting suggestions based on the vehicle's location and data from other users of the service. Marketing materials show the system providing detours based on real-time traffic (Compl. p. 40). | ¶74; p. 40 | col. 16:37-40 |
| communicate a message dependent on the received location-dependent social network information for creating a new record in the social network database | When a user actively reports a hazard (e.g., "traffic," "accident") through an application like Waze running on CarPlay, the system sends this information to the application's servers, creating a new data point that can be shared with other users. A screenshot depicts a user interface for reporting "Police," "Accident," or "Traffic" (Compl. p. 31). | ¶69; p. 31 | col. 16:41-45 |
| an automated hardware user interface configured to selectively present the received social network information ranked | The infotainment screen displays the received information, such as updated traffic conditions on a map or an alert about a nearby hazard, which is prioritized and presented to the driver. | ¶66; p. 40 | col. 17:12-15 |
- Identified Points of Contention:
- Scope Questions: A central dispute will likely be whether commercial mapping services like Google Maps or Waze qualify as a "social network database" within the meaning of the patent. The defense may argue that these are primarily navigation tools, not social networks, and that the term should be construed more narrowly.
- Technical Questions: The complaint alleges that reporting a hazard creates a new record. A factual inquiry may focus on the precise mechanism and data structure of this reporting feature and whether it aligns with the claim's requirement to "communicate a message... for creating a new record."
V. Key Claim Terms for Construction
For the ’163 Patent:
- The Term: "location-based advertisement"
- Context and Importance: This term is critical because the infringement theory for the ’163 Patent hinges on classifying business search results (e.g., from Yelp) as "advertisements." If this term is construed narrowly to require paid placements or explicit promotional content, the infringement allegation may be more difficult to sustain. Practitioners may focus on this term because its definition distinguishes between general search results and specific commercial solicitations.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification discusses an "advertising supported version of product" and adding an "ad transcript" to conversations, suggesting a broad concept of monetization that could encompass commercially-oriented information like business listings (’163 Patent, col. 4:30-32; col. 2:57-58).
- Evidence for a Narrower Interpretation: The specification does not provide an explicit definition or detailed examples of what constitutes a "location-based advertisement," which may lead a court to apply a more conventional, plain-and-ordinary meaning that implies a paid or sponsored placement, rather than a simple business listing.
For the ’361 Patent:
- The Term: "social network database"
- Context and Importance: The infringement case for the ’361 Patent depends on mapping services like Waze and Google Maps falling within the scope of this term. The definition will determine whether the patent reads on modern, crowdsourced navigation systems or is limited to a more specific type of community database envisioned at the time of invention.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes the underlying concept as a "community or collective photographic memory" where content is "contributed by multiple members of the community" to warn others of hazards (’361 Patent, col. 1:41-44). This community-contribution aspect aligns with the functionality of applications like Waze, where users report traffic and hazards.
- Evidence for a Narrower Interpretation: The claim itself recites a database "comprising a plurality of roadway condition records" (’361 Patent, col. 16:33-34). A defendant might argue that this functional language, combined with the term "social network," requires a system primarily dedicated to this purpose, rather than a general-purpose mapping service that includes it as one feature among many.
VI. Other Allegations
- Indirect Infringement: The complaint alleges induced infringement for both patents. It asserts that Defendant, with knowledge of the patents (at least since the filing of the original complaint), encourages infringement by providing customers with user manuals, marketing materials, and websites that instruct them on how to use the accused CarPlay, Android Auto, and Google Built-In features in an infringing manner (Compl. ¶60, ¶75). The complaint provides extensive examples of this product literature (Compl. p. 19-41).
- Willful Infringement: The complaint alleges that Defendant has continued its infringing activities, including selling the accused vehicles and distributing the instructional materials, even after receiving notice of its infringement via Plaintiff's original complaint (Compl. ¶61, ¶76). This allegation of post-notice conduct provides the factual basis for a potential claim of willful infringement.
VII. Analyst’s Conclusion: Key Questions for the Case
This case appears to center on whether patent claims, drafted before the widespread adoption of modern in-car infotainment systems, can be read to cover the functionality of today's integrated navigation and voice assistant technologies. The outcome will likely depend on claim construction and the specific technical operation of the accused systems.
- A core issue will be one of definitional scope: Can the term "location-based advertisement" from the ’163 Patent, in the context of the specification, be construed to cover location-based business search results provided by services like Yelp, or is its meaning limited to more explicit, paid promotional content?
- A second key issue will be one of system characterization: Do crowdsourced mapping applications like Waze and Google Maps, which provide real-time traffic and hazard data, function as the "social network database" claimed in the ’361 Patent, or is there a fundamental mismatch between the patent's description and the accused commercial services?
- Finally, a key evidentiary question will be one of functional operation: Does a user's action of reporting a traffic incident via an in-car interface (Compl. p. 31) constitute "communicat[ing] a message... for creating a new record" in a manner that directly maps onto the specific steps recited in claim 1 of the ’361 Patent?