Headwater Research LLC v. DISH Network Corp

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Headwater Research LLC (Texas)
  • Defendant: DISH Network Corp (Nevada), DISH Network LLC (Colorado), and DISH Wireless LLC D/B/A Boost Mobile (Colorado)
  • Plaintiff’s Counsel: Russ August & Kabat
• Case Identification: 2:25-cv-00902, E.D. Tex., 08/27/2025
• Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Texas because Defendants have a regular and established place of business in the District and have committed acts of infringement there, citing specific business addresses in Longview and Tyler and advertising of 5G wireless coverage in and around Marshall, Texas.
• Core Dispute: Plaintiff alleges that Defendants’ mobile devices, cellular networks, and associated services infringe seven patents related to the automated provisioning, management, and security of mobile device services.
• Technical Context: The technology addresses the management of mobile device services and security in an environment of rapidly increasing complexity and data consumption driven by smartphones.
• Key Procedural History: The complaint alleges that the inventor, Dr. Gregory Raleigh, founded ItsOn Inc., which licensed the asserted intellectual property and implemented the technology into software. Plaintiff alleges that this software included a patent marking notice, providing a basis for Defendants' alleged pre-suit knowledge of the patents-in-suit.

Case Timeline

Date	Event
2008-01-01	ItsOn Inc. founded
2009-01-28	Earliest Priority Date ('935, '055, '429, '464, '155 Patents)
2009-02-04	Earliest Priority Date ('930 Patent)
2009-02-13	Earliest Priority Date ('510 Patent)
2011-01-01	Plaintiff Headwater formed
2014-01-28	U.S. Patent No. 8,639,935 Issues
2017-03-28	U.S. Patent No. 9,609,510 Issues
2018-05-15	U.S. Patent No. 9,973,930 Issues
2021-08-17	U.S. Patent No. 11,096,055 Issues
2022-08-02	U.S. Patent No. 11,405,429 Issues
2024-04-23	U.S. Patent No. 11,966,464 Issues
2024-05-14	U.S. Patent No. 11,985,155 Issues
2025-08-27	Complaint Filing Date

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

U.S. Patent No. 8,639,935 - Automated device provisioning and activation

• Patent Identification: U.S. Patent No. 8,639,935, Automated device provisioning and activation, issued January 28, 2014. (Compl. ¶17).

The Invention Explained

• Problem Addressed: The patent describes the technical challenge of managing network service policies and device provisioning as the number of devices and the demand for data services grow, which increases costs and complexity for service providers (U.S. Patent No. 8,639,935, col. 5:58-6:13).
• The Patented Solution: The invention proposes a system architecture where a "service processor" on the end-user device interacts with a network-side "service controller." This on-device processor executes instructions stored on a non-transitory medium to manage service policies, receive encrypted messages from the network, and automate the provisioning and activation of services, thereby moving significant control logic from the centralized network to the end-user device (’935 Patent, Abstract; col. 12:12-25).
• Technical Importance: This architecture enabled mobile carriers to offer more dynamic and flexible service plans and to manage network resources more efficiently by delegating certain control functions to the device itself (Compl. ¶14-15).

Key Claims at a Glance

• The complaint asserts at least independent claim 1 (Compl. ¶7).
• The essential elements of independent claim 1 include:
  • A non-transitory computer-readable storage medium storing executable instructions.
  • The instructions, when executed, cause one or more processors to perform operations including:
  • linking to a non-transitory machine-readable storage medium to establish a plurality of links to a plurality of communications networks;
  • using a particular link to communicate with a network system coupled to the processor;
  • using a particular link to receive a server message from a particular server, wherein the server message comprises a message payload for a particular device agent, and the identifier is configured to assist in delivering the payload to the agent;
  • generating an encrypted message comprising at least a portion of the message payload; and
  • sending the encrypted message to the end-user device over the service control link.
• The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 9,609,510 - Automated Credential Porting For Mobile Devices

• Patent Identification: U.S. Patent No. 9,609,510, Automated Credential Porting For Mobile Devices, issued March 28, 2017. (Compl. ¶18).

The Invention Explained

• Problem Addressed: The patent addresses the cumbersome and often manual process of transferring a user's service credentials, such as a phone number, when switching to a new device or service provider, a process that can lead to service disruptions and user frustration (U.S. Patent No. 9,609,510, col. 6:1-12).
• The Patented Solution: The invention is a wireless device with a processor and memory configured to automate credential porting. The device stores a "target credential" (e.g., the new phone number). Upon detecting a "network-provisioning state change" (e.g., the number port being completed by the carrier), the device automatically initiates a programming session with a network element to obtain and store the new, updated credential, completing the process without user intervention (’510 Patent, Abstract).
• Technical Importance: This automation streamlines the user experience for activating new devices or switching carriers, reducing the need for customer support and minimizing service interruptions.

Key Claims at a Glance

• The complaint asserts at least independent claim 1 (Compl. ¶19).
• The essential elements of independent claim 1 include:
  • A wireless device comprising a user interface, memory, and one or more processors.
  • The memory is configured to store one or more credentials for authorizing the device and a target credential.
  • The processors are configured to:
  • obtain an indication of a user request to replace a particular credential with the target credential;
  • detect a network-provisioning state change;
  • based on the detected change, automatically determine that the particular credential does not match the target credential;
  • initiate a programming session with a network element;
  • obtain an updated credential from the network element; and
  • assist in storing the updated credential.
• The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 9,973,930 - End user device that secures an association of application to service policy with an application certificate check

• Patent Identification: U.S. Patent No. 9,973,930, End user device that secures an association of application to service policy with an application certificate check, issued May 15, 2018 (Compl. ¶19).
• Technology Synopsis: The technology involves a device that secures the link between a specific application and its corresponding network service policy. It does this by performing an application certificate check to verify the application's authenticity before applying specific data usage rules, thereby preventing unauthorized apps from exploiting particular service plans (U.S. Patent No. 9,973,930, Abstract).
• Asserted Claims: The complaint asserts at least independent claim 1 (Compl. ¶31).
• Accused Features: The complaint accuses Defendants' systems that manage application-specific service policies and data plans (Compl. ¶30-31).

U.S. Patent No. 11,096,055 - Automated device provisioning and activation

• Patent Identification: U.S. Patent No. 11,096,055, Automated device provisioning and activation, issued August 17, 2021 (Compl. ¶20).
• Technology Synopsis: This patent describes a wireless device with multiple network interfaces (e.g., cellular and Wi-Fi) and an on-device "adaptive policy control agent." This agent manages network selection and enforces service policies, enabling the device to intelligently switch between networks while maintaining consistent service rules (U.S. Patent No. 11,096,055, Abstract).
• Asserted Claims: The complaint asserts at least independent claim 1 (Compl. ¶43).
• Accused Features: The complaint targets Defendants' devices and network services that manage connectivity and apply service policies across different network types (Compl. ¶42-43).

U.S. Patent No. 11,405,429 - Security techniques for device assisted services

• Patent Identification: U.S. Patent No. 11,405,429, Security techniques for device assisted services, issued August 2, 2022 (Compl. ¶21).
• Technology Synopsis: This invention discloses security techniques for device-assisted services that use a secure, protected execution partition within the device's processor. Service measurement and control agents operate within this secure partition, isolating them from the general application environment to prevent tampering and ensure the integrity of service policy enforcement (U.S. Patent No. 11,405,429, Abstract).
• Asserted Claims: The complaint asserts at least independent claim 1 (Compl. ¶55).
• Accused Features: The complaint accuses mobile devices and operating systems that allegedly utilize secure hardware or software partitions to manage network services and policies (Compl. ¶54-55).

U.S. Patent No. 11,966,464 - Security techniques for device assisted services

• Patent Identification: U.S. Patent No. 11,966,464, Security techniques for device assisted services, issued April 23, 2024 (Compl. ¶22).
• Technology Synopsis: As part of the same patent family as the ’429 patent, this technology also covers the use of secure execution environments on a device to implement service profiles. It focuses on monitoring and verifying service usage from within this protected partition to ensure the integrity of device-assisted service management functions (U.S. Patent No. 11,966,464, Abstract).
• Asserted Claims: The complaint asserts at least independent claim 1 (Compl. ¶67).
• Accused Features: The complaint targets functionality in mobile devices that allegedly uses secure partitions for service control and usage monitoring (Compl. ¶66-67).

U.S. Patent No. 11,985,155 - Communications device with secure data path processing agents

• Patent Identification: U.S. Patent No. 11,985,155, Communications device with secure data path processing agents, issued May 14, 2024 (Compl. ¶23).
• Technology Synopsis: This patent describes a device with secure processing agents that monitor service usage and generate secure "device data records" (DDRs). These records are associated with a unique sequence order, which allows a network server to verify the integrity and completeness of the reported usage data, thereby preventing tampering or fraud (U.S. Patent No. 11,985,155, Abstract).
• Asserted Claims: The complaint asserts at least independent claim 1 (Compl. ¶79).
• Accused Features: The complaint accuses Defendants’ systems for monitoring, recording, and reporting device data usage for purposes of billing and policy enforcement (Compl. ¶78-79).

III. The Accused Instrumentality

Product Identification

The accused instrumentalities are "mobile electronic devices, including mobile phones and tablets," as well as "Defendants' cellular networks, servers, and services" and "eSIM-enabled devices" that operate on Defendants' networks, such as those branded "Boost Mobile and/or Ting Mobile" (Compl. ¶1).

Functionality and Market Context

The complaint alleges that these devices and services provide functionalities for automated device provisioning, activation, and management of cellular service plans (Compl. ¶1, ¶15). The complaint also provides context on the explosive growth of mobile data traffic, referencing a chart that illustrates the dramatic increase in monthly data consumption (Compl. ¶12-13; p. 6). This chart, sourced from Ericsson, depicts mobile data traffic growing from near zero in 2011 to a projection of nearly 300 exabytes per month by 2027 (Compl. p. 6). The complaint further alleges that Defendants advertise their network coverage within the Eastern District of Texas, providing a coverage map as an example (Compl. ¶35; p. 11). The "BOOST COVERAGE MAP" screenshot shows advertised 4G LTE and 5G coverage in and around Marshall, Texas (Compl. p. 11).

IV. Analysis of Infringement Allegations

The complaint references but does not attach Exhibits 8 and 9, which it states contain claim charts for the ’935 and ’510 patents, respectively. The infringement theories are summarized below in prose based on the narrative allegations in the complaint.

• U.S. Patent No. 8,639,935 Infringement Narrative:
  The complaint alleges that the Accused Instrumentalities infringe Claim 1 of the ’935 Patent by implementing a system for automated device provisioning and activation (Compl. ¶6-7). This system allegedly involves a non-transitory storage medium on accused mobile devices with instructions that, when executed, establish communication links with DISH's network servers, which function as the claimed "service controller." These servers are alleged to send encrypted messages containing service policies and configuration data (the claimed "message payload") to a specific agent on the device, which in turn activates and manages the user's services (Compl. ¶7).

• U.S. Patent No. 9,609,510 Infringement Narrative:
  The complaint alleges that the Accused Instrumentalities infringe Claim 1 of the ’510 patent by providing an automated process for porting user credentials, such as a phone number (Compl. ¶18-19). This process is allegedly initiated by a user request through the device's interface. The device is alleged to then detect a change in its network provisioning status (e.g., when a number port is completed on the network side), determine that its current credentials require updating, and automatically initiate a programming session with DISH's network to download and store the new credentials without further user intervention (Compl. ¶19).

• Identified Points of Contention:

  • Scope Questions: For the ’935 Patent, a potential point of contention may be whether the communications between DISH's devices and servers constitute the specific "server message" with a "message payload" intended for a "particular device agent" as recited in the claim, or if they represent more general network management communications that fall outside the claim's scope.
  • Technical Questions: For the ’510 Patent, a key technical question may be what specific event constitutes the "detect[ion of] a network-provisioning state change" that allegedly triggers the automated process. The dispute may center on whether the accused system performs this specific detection and subsequent automatic initiation as claimed, or if the update process is initiated by other means, such as a direct push command from the server.

V. Key Claim Terms for Construction

• The Term: "particular device agent" (from Claim 1 of the ’935 Patent)

• Context and Importance: The infringement theory for the ’935 patent depends on the server sending a message specifically for an "agent" on the device. Practitioners may focus on this term because its construction will determine whether general OS-level software components on the accused devices meet this limitation, or if a more specialized, distinct software module is required.

• Intrinsic Evidence for Interpretation:

  • Evidence for a Broader Interpretation: The specification describes agents as various software components that perform service policy and control functions, which could support a broad definition encompassing various software modules that manage services (’935 Patent, col. 16:1-10).
  • Evidence for a Narrower Interpretation: Figure 16 of the patent depicts a system with distinct, labeled software modules such as a "Policy Control Agent" and "Billing Agent," which may support an argument that an "agent" is a specific, modular software component rather than a general OS function (’935 Patent, Fig. 16).

• The Term: "detecting a network-provisioning state change" (from Claim 1 of the ’510 Patent)

• Context and Importance: This phrase is the critical trigger for the automated credential porting process claimed in the ’510 patent. The infringement analysis will likely turn on whether the accused devices perform this specific act of "detecting" a change, or if the update is triggered by a different mechanism, such as a direct push notification from the network server.

• Intrinsic Evidence for Interpretation:

  • Evidence for a Broader Interpretation: The patent abstract describes the invention broadly as "detect[ing] a network-provisioning state change, determine[ing] that the particular credential does not match the target credential, initiat[ing] a programming session," without narrowly defining the specific method of detection (’510 Patent, Abstract).
  • Evidence for a Narrower Interpretation: The patent's emphasis on device-centric automation could support a narrower reading that requires the device itself to actively sense or identify the state change, as opposed to passively receiving a command from the network that an update is available.

VI. Other Allegations

• Indirect Infringement: The complaint alleges inducement of infringement across all asserted patents, stating that Defendants actively encourage and instruct their customers to use the Accused Instrumentalities in ways that directly infringe (Compl. ¶9, ¶11, ¶21, ¶33, ¶35, ¶45, ¶47, ¶57, ¶59, ¶69, ¶71, ¶81, ¶83).
• Willful Infringement: The complaint alleges willful infringement based on pre-suit knowledge. The basis for this allegation is that software from ItsOn Inc., which licensed and implemented the patented technology, included a patent marking notice listing the '935 patent and patents in the same family as the other asserted patents. The complaint also alleges that patents assigned to Defendants cite family members of the asserted patents as prior art (Compl. ¶8, ¶10, ¶32, ¶34, ¶44, ¶46, ¶56, ¶58, ¶68, ¶70, ¶80, ¶82).

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

• A core issue will be one of architectural correspondence: Does the interaction between DISH’s mobile devices and its network servers map onto the specific client-server architecture of the asserted patents, which requires distinct on-device "service processors" or "agents" receiving specific instructions from a network "service controller," or do the accused systems operate on a fundamentally different technical basis?
• A key evidentiary question will be one of automation and causality: For the patents concerning automated credential porting and service activation, the case may turn on the specific technical trigger for the infringing action. Does the accused device autonomously "detect a network-provisioning state change" and initiate a session as claimed, or is the process primarily driven by explicit commands pushed from DISH's servers, potentially placing the infringing acts outside the scope of the claims?
• A third central question will be one of security implementation: For the patents directed to secure execution partitions, the dispute may focus on whether the security architectures in Defendants' devices perform the specific functions of isolating service control agents and verifying service usage in the manner claimed, or if they are general-purpose security features that do not practice the patented methods.