DCT
2:25-cv-00799
Emerging Automotive LLC v. Kia Corp
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Emerging Automotive LLC (California)
- Defendant: Kia Corporation (Republic of Korea) and Kia America, Inc. (California)
- Plaintiff’s Counsel: Bunsow De Mory LLP; Miller Fair Henry PLLC
- Case Identification: 2:25-cv-00799, E.D. Tex., 08/15/2025
- Venue Allegations: Venue is alleged as proper for Kia America, Inc. based on its maintenance of a "regular and established place of business" in the district, specifically its Southwest Region offices in Plano, Texas. Venue over Kia Corporation is alleged on the basis that it is a foreign corporation.
- Core Dispute: Plaintiff alleges that Defendant’s vehicles equipped with Kia Connect and Digital Key systems infringe patents related to methods and systems for securely sharing electronic keys ("e-Keys") to access and use vehicles.
- Technical Context: The patents relate to the field of connected vehicle technology, which enables remote and shared vehicle access through cloud-based authentication and mobile devices, a key component of the vehicle-sharing economy.
- Key Procedural History: The complaint does not mention any prior litigation, Inter Partes Review (IPR) proceedings, or licensing history related to the Asserted Patents.
Case Timeline
| Date | Event |
|---|---|
| 2011-04-22 | Earliest Priority Date for ’245 and ’715 Patents |
| 2021-08-31 | U.S. Patent No. 11,104,245 Issues |
| 2025-06-24 | U.S. Patent No. 12,337,715 Issues |
| 2025-08-15 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 11,104,245 - "Vehicles and Cloud Systems for Sharing E-Keys to Access and Use Vehicles,"
- Patent Identification: U.S. Patent No. 11,104,245, "Vehicles and Cloud Systems for Sharing E-Keys to Access and Use Vehicles," issued August 31, 2021.
The Invention Explained
- Problem Addressed: The patent addresses the need for improved wireless interfacing and networking with vehicles, implicitly focusing on the challenge of providing secure, temporary, and privilege-limited access to vehicles for multiple users without physical keys (’245 Patent, col. 2:7-12).
- The Patented Solution: The invention describes a system where a vehicle communicates with a cloud-based server to manage access. A user with a mobile device obtains a "unique access code" from the server and sends a request to the vehicle. The vehicle then communicates with the server to authenticate this code. If authentic, the mobile device is enabled with an electronic key that allows vehicle use consistent with privileges (e.g., time limits, feature access) defined for that specific access code (’245 Patent, Abstract; col. 2:30-57).
- Technical Importance: This technology provides a framework for enabling the modern vehicle-sharing economy, including peer-to-peer car rentals, remote valet services, and granting temporary access to family members or service personnel (’245 Patent, col. 16:15-24; col. 17:14-25).
Key Claims at a Glance
- Independent claim 1 is asserted (Compl. ¶15).
- Essential elements of Claim 1 include:
- A vehicle comprising an on-board computer.
- A first system for enabling unlocking and a second system for enabling starting.
- Communications circuitry configured to receive coded data from a mobile device, where the data includes a "unique access code" received by the mobile device from a server.
- The unique access code is associated with privileges set via the server responsive to a "restriction set by an administrator."
- The restriction is associated with a "mode of allowed use."
- A camera of the vehicle is used for "capturing video of an area that includes the vehicle during a period of time in which the unique access code is to be active."
- The complaint does not explicitly reserve the right to assert dependent claims for this patent.
U.S. Patent No. 12,337,715 - "Methods and Systems For Sharing e-Keys To Access Vehicles,"
- Patent Identification: U.S. Patent No. 12,337,715, "Methods and Systems For Sharing e-Keys To Access Vehicles," issued June 24, 2025.
The Invention Explained
- Problem Addressed: The patent addresses the same general problem as its family member, the ’245 Patent: creating a secure and flexible system for sharing vehicle access electronically.
- The Patented Solution: This patent claims a system for sharing e-keys where a request to share an e-key is initiated by sending a message to a recipient's device. The system then processes this request, validates it through a registered owner's e-key, generates a new secure e-key, and registers it with a server. The new e-key, with an associated privilege level, is then enabled for use by the recipient device (’715 Patent, Abstract).
- Technical Importance: This system provides the architecture for enabling user-to-user sharing of vehicle access, where a primary owner can securely provision temporary digital keys to third parties through a managed, server-based process (’715 Patent, col. 2:35-47).
Key Claims at a Glance
- Independent claim 23 is asserted (Compl. ¶27).
- Essential elements of Claim 23 include:
- A system comprising an on-board computer and a communications system.
- The communications system has instructions for communicating with a server.
- The server is configured to interface with an application that provides a user interface for initiating a request to share an e-key.
- The request is configured to be initiated using a message communicated to a recipient device.
- The system processes the request to enable generation of the e-key for use on the vehicle by the recipient device.
- The complaint does not explicitly reserve the right to assert dependent claims for this patent.
III. The Accused Instrumentality
Product Identification
The accused instrumentalities are Kia vehicles equipped with "Kia Connect" and "Kia Connect with Digital Key" systems, and all reasonably similar products (Compl. ¶¶15, 27).
Functionality and Market Context
The complaint alleges these systems enable users to access and control their vehicles via an electronic key on a mobile device (Compl. ¶15). This functionality includes remote operations such as locking, unlocking, and starting the vehicle. The system is also alleged to allow owners to share digital keys with other users, who can then access and operate the vehicle using their own mobile devices (Compl. ¶¶18, 27, 30).
No probative visual evidence provided in complaint.
IV. Analysis of Infringement Allegations
The complaint references, but does not include, claim chart exhibits B and D comparing the asserted claims to the accused products (Compl. ¶¶16, 28). The following analysis is based on the narrative allegations in the complaint.
U.S. Patent No. 11,104,245 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A vehicle, comprising, an on-board computer of the vehicle; | Kia vehicles contain on-board computers that manage vehicle systems. | ¶15 | col. 51:52-53 |
| a first system...for enabling unlocking...a second system...for enabling starting... | The Kia Connect and Digital Key systems are alleged to enable remote unlocking and starting of the vehicle. | ¶15 | col. 52:3-10 |
| communications circuitry...configured to receive coded data from the mobile device for unlocking and use...the coded data...including a unique access code received by the mobile device from the server... | The Kia Connect and Digital Key systems are alleged to operate via communication between a user's mobile device and the vehicle, using credentials or keys managed by a central server system. | ¶15 | col. 52:11-22 |
| wherein the unique access code is associated with privileges set via the server responsive to a restriction set by an administrator of the vehicle... | The functionality to share digital keys in the accused systems suggests an administrative function for setting user permissions and restrictions. | ¶15 | col. 52:23-26 |
| a camera of the vehicle is used for capturing video of an area that includes the vehicle during a period of time in which the unique access code is to be active... | The complaint does not specify facts related to this camera limitation. | ¶15 | col. 52:30-35 |
- Identified Points of Contention:
- Technical Questions: A significant question will be whether the accused Kia vehicles practice the specific limitation requiring a "camera... for capturing video... during a period of time in which the unique access code is to be active." The complaint does not allege specific facts to support this element, which could be a central point of dispute if this feature is not standard or is not used in the manner claimed.
- Scope Questions: The infringement analysis may focus on whether the architecture of the Kia Connect system, including its method of generating, transmitting, and validating digital keys, maps onto the patent's definition of a "unique access code" and the specific authentication flow between the mobile device, vehicle, and server described in the patent specification.
U.S. Patent No. 12,337,715 Infringement Allegations
| Claim Element (from Independent Claim 23) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A system for enabling use and sharing of an electronic key...for a vehicle, comprising: an on-board computer of the vehicle; a communications system of the vehicle... | Kia vehicles with Kia Connect are alleged to constitute a system with an on-board computer and communications hardware for sharing e-keys. | ¶27 | col. 54:8-13 |
| the server is configured to interface with an application...the application provides a user interface for initiating a request to share the e-key... | The Kia Connect application on a user's mobile device provides an interface that allegedly allows a vehicle owner to initiate the sharing of a digital key. | ¶27 | col. 54:15-19 |
| the request to share is configured to be initiated using a message communicated to the recipient device... | The complaint alleges Kia's system allows sharing of electronic keys, which implies a notification or message is sent to the recipient to enable access. | ¶27 | col. 54:20-22 |
| processing the request to enable generation of the e-key for use on the vehicle by the recipient device. | The accused system allegedly processes the owner's sharing request to generate and provision a new, functional digital key for the recipient's device. | ¶27 | col. 54:23-25 |
- Identified Points of Contention:
- Technical Questions: The case may turn on the specific technical implementation of how a sharing request is "initiated" in the Kia system. The evidence will need to show whether this initiation happens "using a message communicated to the recipient device" as the claim requires, or if the process is handled entirely on the server side before any notification is sent to the recipient.
- Scope Questions: It raises the question of whether the combination of a Kia vehicle, a user's mobile device with the Kia Connect app, and Kia's backend servers collectively constitutes the claimed "system" as defined by the patent.
V. Key Claim Terms for Construction
"a restriction set by an administrator" (’245 Patent, Claim 1)
- Context and Importance: This term is central to defining the level of control and customization required by the claimed invention. The dispute will likely focus on whether the ability to simply share or not share a key meets this limitation, or if it requires more granular controls (e.g., setting speed limits, geographic boundaries, or time-of-day restrictions).
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification discusses "privileges" broadly, which could support an interpretation where the simple act of granting or denying access is a "restriction" (’245 Patent, col. 2:47-49).
- Evidence for a Narrower Interpretation: The specification provides numerous specific examples of restrictions, such as speed limits, geographic boundaries, and time-of-day use, suggesting that the term requires more than a simple on/off permission (’245 Patent, col. 17:19-25; FIG. 4).
"a camera of the vehicle is used for capturing video... during a period of time in which the unique access code is to be active" (’245 Patent, Claim 1)
- Context and Importance: This is a highly specific limitation that links the vehicle's security/monitoring hardware to the e-key system. Practitioners may focus on this term because infringement will depend on whether the accused vehicles not only have cameras but also use them in the specific manner and timing required by the claim in connection with the Digital Key feature.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent discusses various camera uses, such as for recording when a break-in is detected or when a panic button is hit, which could be argued as being generally active during a time of potential use (’245 Patent, FIG. 11).
- Evidence for a Narrower Interpretation: The claim language "is used for capturing video... during a period of time in which the unique access code is to be active" suggests a direct and continuous link between the key's validity period and the camera's recording function, not just incidental recording upon a separate trigger (’245 Patent, col. 52:30-35).
VI. Other Allegations
Indirect Infringement
The complaint alleges induced infringement based on Kia's publication of support information, including websites, user guides, and YouTube videos that allegedly instruct customers on how to use the accused Kia Connect and Digital Key features in an infringing manner (Compl. ¶¶18, 30). Contributory infringement is alleged on the basis that the components enabling e-key use and sharing are material to the invention, are not staple articles of commerce, and are especially made for use in an infringing way (Compl. ¶¶20, 32).
Willful Infringement
Willfulness is alleged based on Kia's continued infringing conduct after having knowledge of the patents, with knowledge alleged to begin "at least the filing and/or service date of the Complaint in this action" (Compl. ¶¶19, 31). This frames the willfulness claim as being based on post-suit conduct.
VII. Analyst’s Conclusion: Key Questions for the Case
- A central evidentiary question will be one of feature presence: does the accused Kia Digital Key system practice the specific limitation in Claim 1 of the ’245 patent requiring the use of a "camera...for capturing video" that is functionally linked to the active period of a shared electronic key, or is this a feature mismatch?
- The case will likely involve a key question of architectural correspondence: does the technical workflow of Kia's system for generating and validating digital keys—from the server, to the owner's device, to the recipient's device, and to the vehicle—align with the specific sequence of receiving a "unique access code" and authenticating it as claimed in the ’245 patent?
- A core issue for the ’715 patent will be one of process interpretation: does the initiation of a key-sharing action by an owner on the Kia Connect app constitute a "request...initiated using a message communicated to the recipient device" as required by Claim 23, or does the claim require the process to begin with a communication to the recipient?