DCT
2:25-cv-00602
Mimzi LLC v. Subaru Corp
Key Events
Amended Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Mimzi, LLC (Alabama)
- Defendant: Mercedes-Benz AG (Germany)
- Plaintiff’s Counsel: Kent & Risley LLC
- Case Identification: 2:25-cv-00602, E.D. Tex., 11/12/2025
- Venue Allegations: Venue is alleged to be proper because the Defendant is a foreign corporation.
- Core Dispute: Plaintiff alleges that Defendant’s vehicle infotainment systems, including those equipped with MBUX, Apple CarPlay, and Android Auto, infringe patents related to location-based information services and social network-based roadway condition reporting.
- Technical Context: The technology concerns the integration of a mobile device's location and voice input with backend databases to provide relevant, real-time information to a user, a foundational concept for modern in-vehicle navigation and personal assistant systems.
- Key Procedural History: Plaintiff alleges providing Defendant with notice of infringement via a letter dated October 20, 2023, which was received on October 24, 2023, forming the basis for allegations of willful infringement. The complaint also notes that during the prosecution of both patents, the patent examiner expressly considered and withdrew rejections based on 35 U.S.C. § 101 subject-matter eligibility.
Case Timeline
| Date | Event |
|---|---|
| 2008-07-29 | Earliest Priority Date for ’163 and ’361 Patents |
| 2017-10-17 | ’361 Patent Issued |
| 2021-08-24 | ’163 Patent Issued |
| 2023-10-20 | Plaintiff sent letter providing notice of infringement to Defendant |
| 2023-10-24 | Defendant received notice letter |
| 2025-11-12 | 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 background describes a need for a centralized, searchable repository for a person's communications and observations, akin to a "photographic memory," noting that while emails are searchable, phone calls and in-person conversations are not typically recorded or easily searchable (’163 Patent, col. 1:52-67).
- The Patented Solution: The invention proposes a system where a mobile device captures location data and spoken words, sends them to a server, and receives back location-relevant information, specifically travel information and advertisements (’163 Patent, col. 15:50-16:5). The system is designed to provide this information automatically based on the user's current location and voice input, integrating what the user says with where they are to deliver targeted content (’163 Patent, Fig. 1).
- Technical Importance: The technology combines mobile device location, voice recognition, and server-side databases to create a context-aware information delivery system, a precursor to modern digital assistant functionalities in vehicles and smartphones (Compl. ¶10, 15).
Key Claims at a Glance
- The complaint asserts independent claims 1, 11, and 22, along with several dependent claims (Compl. ¶17, 50).
- Independent Claim 1 (System):
- A communication network interface port.
- A database system configured to store 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 electronic device;
- receive location-based information from the mobile device;
- retrieve location-based 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"; and
- present the retrieved advertisement to a user.
- The complaint reserves the right to assert additional 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: The patent identifies a shortcoming in the art where a mobile phone user observing a road hazard (e.g., a traffic jam or stalled vehicle) lacks an efficient way to report this information to a "community searchable database" to instantly warn other drivers (’361 Patent, col. 1:64-2:5).
- The Patented Solution: The invention describes a system where a user's input (such as a spoken message) and location data are transmitted from a mobile device to a "social network database" containing roadway condition records. The system can then use this information to create new records or retrieve existing ones to communicate messages (e.g., hazard warnings) to other users, with the information ranked for relevance (’361 Patent, Abstract; Fig. 6).
- Technical Importance: This technology outlines a framework for crowd-sourcing real-time traffic and road hazard information, a key feature of modern collaborative navigation applications (Compl. ¶34, 45).
Key Claims at a Glance
- The complaint asserts independent claims 1, 16, and 18, along with several dependent claims (Compl. ¶35, 65).
- Independent Claim 1 (System):
- A hardware data input port to receive user input.
- An automated hardware processor to define a user request based on the input and metadata, including the device's location.
- An automated hardware communication interface port to:
- transmit the user request to a "social network database" comprising roadway condition records;
- receive location-dependent social network information from that database; and
- communicate a message to create a new record in the database.
- An automated hardware user interface to present the received social network 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
- Mercedes-Benz vehicles equipped with the Mercedes-Benz User Experience (MBUX) infotainment system, as well as those equipped with Apple CarPlay and Android Auto functionality (collectively, the "Accused Instrumentality") (Compl. ¶59, 74).
Functionality and Market Context
- The Accused Instrumentality allows a user to connect a smartphone to the vehicle's multimedia system or use the vehicle's native MBUX system (Compl. ¶51, 57). The user can operate applications via touchscreen or voice control (Compl. ¶20).
- This integration enables the use of smartphone applications like navigation maps (e.g., Apple Maps, Google Maps) on the vehicle's display (Compl. ¶53). The system uses the phone's internet connection and transfers data, including the vehicle's position, speed, and other driving statuses, to the mobile phone to "improve the accuracy of the navigation" (Compl. ¶25, 26).
- The MBUX system includes a "Car-to-X" communication feature that automatically detects and receives warnings about hazards (e.g., accidents, roadworks) from other vehicles and transmits the vehicle's own data to a central service to improve traffic reports (Compl. ¶51, 72). A screenshot from a user manual illustrates how a user can employ voice commands like "Search for an Asian restaurant" to operate the navigation system (Compl. ¶34).
IV. Analysis of Infringement Allegations
’163 Patent Infringement Allegations
The complaint alleges that when a user issues a voice command for a point of interest (e.g., a restaurant) in a Mercedes vehicle using MBUX, CarPlay, or Android Auto, the system infringes Claim 1 of the ’163 patent. The theory appears to be that the "spoken keyword" (e.g., "restaurant") is used to retrieve location-based information (e.g., nearby restaurants), which functions as a "location-based advertisement" when presented to the user.
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a database system, configured to automatically store and retrieve location-based information for a traveler, the location-based information comprising... location-based advertisements | The backend servers for MBUX, Apple Maps, or Google Maps, which store and provide information on businesses and points of interest (POIs). | ¶53, 57 | col. 15:55-61 |
| automatically receive a location from a mobile electronic device | The vehicle's multimedia system receives position data from the integrated smartphone or the vehicle's own GPS, which is then transmitted to backend servers. A user manual excerpt confirms that "position data" is transferred to the smartphone (Compl. ¶26). | ¶26 | col. 16:21-23 |
| automatically retrieve a location-based advertisement from the database system dependent on at least the received location... and relevant to at least one spoken keyword | The system uses the vehicle's location and a voice command (the "spoken keyword," e.g., "restaurant") to query the backend database and retrieve a list of nearby businesses or POIs. | ¶34, 57 | col. 16:35-41 |
| automatically present the retrieved location-based advertisement to a user of the mobile electronic device | The retrieved list of businesses or POIs is displayed to the user on the vehicle's multimedia screen. A video screenshot shows the iPhone interface on the vehicle display (Compl. ¶30). | ¶20, 30 | col. 16:42-45 |
- Identified Points of Contention:
- Scope Questions: A central question may be whether a point of interest or business listing, retrieved in response to a user's navigational query, constitutes a "location-based advertisement" as contemplated by the patent. The defense may argue this is merely informational data, not an advertisement.
- Technical Questions: Does the general voice command processing in MBUX/CarPlay perform the specific function of identifying a "spoken keyword" for the purpose of retrieving an "advertisement," or is it part of a broader natural language search query?
’361 Patent Infringement Allegations
The complaint alleges that Mercedes' Car-to-X system, as well as the use of Apple Maps or Google Maps via CarPlay/Android Auto, infringes Claim 1 of the ’361 patent. The theory is that these systems function as a "social network database" where users (or vehicles automatically) report "roadway condition records" (e.g., traffic, hazards) that are then shared with others.
| 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 associated with the received information... comprising at least the location of the mobile electronic device | The vehicle's MBUX processor or the connected smartphone's processor defines a request based on either a manual user report or automatically detected vehicle data (e.g., hard braking, fog light activation), combined with the vehicle's GPS location. | ¶71, 72 | col. 12:21-28 |
| automatically transmit the user request to a social network database comprising a plurality of roadway condition records | The vehicle transmits its position and hazard data to a central Mercedes-Benz service ("Car-to-X") or contributes data to the Apple/Google Maps traffic services. A user manual describes how the vehicle acts as a "sensor for the flow of traffic" (Compl. ¶34). | ¶34, 72 | col. 12:32-37 |
| automatically receive location-dependent social network information from the social network database, selectively dependent on the transmitted user request | The vehicle's MBUX system receives traffic incident and hazard warnings from the Car-to-X service or crowd-sourced traffic data from mapping applications, which is relevant to the vehicle's current location. A user manual describes receiving "roadworks, road blocks and warning messages" (Compl. ¶34). | ¶34, 51 | col. 12:41-44 |
| communicate a message dependent on the received location-dependent social network information for creating a new record in the social network database | The system uses received information to update its own status and, in turn, transmits its own data (position, speed, detected hazards) back to the central database, effectively creating new or updated records for other users. | ¶34, 72 | col. 12:48-52 |
| an automated hardware user interface configured to selectively present the received social network information ranked according to at least one social network ranking factor | The infotainment screen displays traffic incidents and warnings, presumably ranked for relevance based on factors like proximity, time, and severity. | ¶51 | col. 13:5-9 |
- Identified Points of Contention:
- Scope Questions: The case may turn on whether a backend traffic data service like Mercedes' Car-to-X or Google/Apple's crowd-sourced mapping data constitutes a "social network database" as that term is used in the patent. Similarly, does automated vehicle data (e.g., ABS activation) qualify as a "user request" to report a "roadway condition"?
- Technical Questions: What evidence does the complaint provide that the received traffic information is "ranked according to at least one social network ranking factor"? The defense may argue that ranking is based purely on geographic proximity and time, not "social" factors.
V. Key Claim Terms for Construction
For the ’163 Patent:
- The Term: "location-based advertisement"
- Context and Importance: This term is the lynchpin of the ’163 patent infringement allegation. Its construction will determine whether providing ordinary business listings or POI data in response to a voice query falls within the scope of the claims. Practitioners may focus on whether the patent requires a commercial, paid-for placement or if any business-related information suffices.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification does not explicitly define "advertisement" or require payment. The claims broadly recite retrieving an "advertisement... relevant to at least one spoken keyword," which could arguably cover any commercial entity returned based on a keyword query.
- Evidence for a Narrower Interpretation: The detailed description discusses an "ad server" and determining ads based on "keywords, location and demographics," which suggests a more traditional advertising model where content is selected and pushed to a user, rather than simply fulfilling a user's direct query for information (’163 Patent, Fig. 5, col. 13:58-14:26).
For the ’361 Patent:
- The Term: "social network database"
- Context and Importance: The infringement theory for the ’361 patent hinges on classifying modern, crowd-sourced traffic systems as a "social network database." The definition of this term will be critical to determining if systems like Car-to-X, which involve vehicle-to-infrastructure communication, or Google Maps, which aggregates anonymized user data, meet this limitation.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent does not define "social network" in the way it is commonly understood today (e.g., Facebook). The specification describes a "community searchable database" where content is "contributed by multiple members of the community," which could be read broadly to cover any system based on crowd-sourced data from a community of users (i.e., drivers) (’361 Patent, col. 1:40-45, 2:25-27).
- Evidence for a Narrower Interpretation: Claim 1 recites presenting information "ranked according to at least one social network ranking factor." Dependent claim 8 of the ’361 patent (not asserted in the complaint) further specifies ranking factors including "poster credibility and... popularity." This language may suggest the patent contemplates a network with user profiles and reputation systems, more akin to a traditional social network than an anonymized vehicle data aggregation service.
VI. Other Allegations
- Indirect Infringement: The complaint alleges induced infringement for both patents. It asserts that Defendant encourages and instructs customers to use the accused MBUX, CarPlay, and Android Auto systems in an infringing manner through its copyrighted user manuals, websites, and other marketing materials (Compl. ¶59-60, 74-75).
- Willful Infringement: The complaint alleges willful infringement for both patents based on Defendant’s alleged actual knowledge. This knowledge is claimed to arise from a notice letter sent by Plaintiff on October 20, 2023, and Defendant’s continued sale of the accused products after receiving this notice (Compl. ¶58, 61, 73, 76).
VII. Analyst’s Conclusion: Key Questions for the Case
The resolution of this case will likely depend on the court’s interpretation of key claim terms in light of significant technological evolution since the patents’ 2008 priority date.
- A core issue will be one of definitional scope: Can the term "location-based advertisement" from the '163 patent, described in the context of a targeted ad server, be construed to cover standard point-of-interest results returned by a modern navigation system in response to a user's direct voice query?
- A second core issue will be one of technological translation: Does a modern, automated, and largely anonymized vehicle-to-infrastructure data network (like Car-to-X) or a crowd-sourced traffic service (like Google/Apple Maps) qualify as a "social network database" as contemplated by the '361 patent, which appears to describe a more explicit, user-centric community contribution model?
- A key evidentiary question will be one of functional operation: What evidence will be presented to demonstrate that the accused systems perform the specific ranking and presentation steps as claimed (e.g., ranking by a "social network ranking factor"), and can Plaintiff show that the system's operation maps onto the claim limitations, rather than merely achieving a similar outcome through different technical means?