DCT
9:18-cv-00180
Motiva Patents LLC v. Sony Corp
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Motiva Patents, LLC (Texas)
- Defendant: Sony Corporation & Sony Interactive Entertainment, Inc. (Japan)
- Plaintiff’s Counsel: Antonelli, Harrington & Thompson LLP
- Case Identification: 9:18-cv-00180, E.D. Tex., 10/03/2018
- Venue Allegations: Venue is alleged to be proper in the Eastern District of Texas on the basis that the defendants are foreign corporations and may be sued in any judicial district.
- Core Dispute: Plaintiff alleges that Defendant’s PlayStation VR virtual reality systems infringe five U.S. patents related to human movement measurement systems that use hand-held controllers with sensors.
- Technical Context: The technology at issue involves systems for tracking the position, orientation, and movement of a user by means of one or more hand-held devices that communicate with a remote processing system, a key component in virtual reality and motion-controlled gaming.
- Key Procedural History: The complaint does not allege any significant procedural history, such as prior litigation between the parties, Inter Partes Review proceedings, or licensing negotiations concerning the patents-in-suit.
Case Timeline
| Date | Event |
|---|---|
| 2004-07-29 | Priority Date for all Asserted Patents |
| 2007-11-06 | U.S. Patent No. 7,292,151 Issues |
| 2011-05-31 | U.S. Patent No. 7,952,483 Issues |
| 2012-04-17 | U.S. Patent No. 8,159,354 Issues |
| 2013-04-23 | U.S. Patent No. 8,427,325 Issues |
| 2016-08-30 | U.S. Patent No. 9,427,659 Issues |
| 2018-10-03 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 7,292,151 - "Human Movement Measurement System"
The Invention Explained
- Problem Addressed: The patent’s background section describes limitations of prior art commercial tracking systems, which often suffered from being costly, obtrusive, and subject to technical problems such as line-of-sight occlusion, spatial distortion, and latency (’151 Patent, col. 1:18-67).
- The Patented Solution: The invention is a system for tracking human movement using one or more active, hand-held “transponders” that communicate wirelessly with a centralized “processor unit.” The system combines absolute position tracking with relative orientation tracking from embedded inertial sensors to provide real-time aural, visual, and tactile feedback to the user, creating a closed-loop system for functional movement assessment (’151 Patent, col. 2:7-67).
- Technical Importance: The patented approach sought to provide a low-cost, robust, and noninvasive system for biomechanical tracking suitable for applications like physical rehabilitation and exercise without requiring complex setup or expensive visualization environments (’151 Patent, col. 2:7-14).
Key Claims at a Glance
- The complaint asserts independent Claim 28 (by way of its dependency on Claim 27) (Compl. ¶12).
- The essential elements of the system claimed in independent Claim 1, as incorporated into Claims 27 and 28, include:
- A first communication device adapted to be hand-held, comprising a transmitter, a receiver, and an output device.
- A processing system, remote from the first communication device, for wirelessly receiving transmitted signals, determining movement information, and sending feedback data back to the first device.
- The first communication device is adapted to receive and process the feedback data and provide sensory stimuli via the output device.
- A second communication device, adapted to be hand held, in electrical communication with the first communication device.
- The processing system is adapted to determine movement information of the second device relative to the first.
- The processing system is adapted to determine movement information for both devices and to calculate a displacement vector from said movement information.
- The complaint does not explicitly reserve the right to assert dependent claims for this patent.
U.S. Patent No. 7,952,483 - "Human Movement Measurement System"
The Invention Explained
- Problem Addressed: The ’483 Patent, which shares a specification with the ’151 Patent, addresses the same technical problems of prior art movement tracking systems, including their cost, obtrusiveness, and performance limitations (’483 Patent, col. 1:16-67).
- The Patented Solution: The patent describes the same solution as the ’151 Patent, centered on a system of active transponders with integrated sensors and feedback mechanisms that communicate with a central processing unit to create a closed-loop system for movement assessment and training (’483 Patent, col. 2:5-67). The claims of this patent are directed specifically to a system for a user to play a video game.
- Technical Importance: The technology aimed to provide a more accessible and effective means for motion tracking in contexts such as video gaming, exercise, and physical therapy by integrating sensor and feedback functions into a low-cost, noninvasive device (’483 Patent, col. 2:5-12).
Key Claims at a Glance
- The complaint asserts independent Claim 44 (Compl. ¶24).
- The essential elements of the system claimed in Claim 44 include:
- A first hand-held communication device comprising a transmitter, receiver, and output device.
- A second hand-held communication device adapted to electrically communicate with the first device and comprising a transmitter.
- A processing system, remote from the first device, adapted to wirelessly receive signals, determine movement information for each of the respective communication devices, and send feedback data.
- An interactive interface where movement information of the first device controls the movement of an object in a computer-generated virtual environment.
- The first device is further adapted to receive and process feedback data, generate sensory stimuli, and includes a user input device for calibrating the device to establish a reference position.
- The complaint does not explicitly reserve the right to assert dependent claims for this patent.
U.S. Patent No. 8,159,354 - "Human Movement Measurement System"
- Patent Identification: U.S. Patent No. 8,159,354, “Human Movement Measurement System,” issued April 17, 2012 (Compl. ¶35).
- Technology Synopsis: Belonging to the same family as the lead patents, the ’354 Patent describes a system for tracking a hand-held device that communicates wirelessly with a remote processing system. The technology enables the device's movement to control an object in a virtual environment and for the processing system to determine the three-dimensional position of the device (Compl. ¶¶41-44).
- Asserted Claims: Claim 49 (Compl. ¶38).
- Accused Features: The complaint alleges that the PlayStation VR system's ability to determine the three-dimensional position of a controller to manipulate an object within a virtual three-dimensional environment infringes this patent (Compl. ¶44).
U.S. Patent No. 8,427,325 - "Human Movement Measurement System"
- Patent Identification: U.S. Patent No. 8,427,325, “Human Movement Measurement System,” issued April 23, 2013 (Compl. ¶47).
- Technology Synopsis: This patent, from the same family, claims a human movement tracking system where the hand-held communication device is specified to include a "motion detector" and a "user input device resident on the first hand-held communication device" (Compl. ¶52).
- Asserted Claims: Claim 1 (Compl. ¶50).
- Accused Features: The accused features are the PlayStation VR controllers, which the complaint alleges contain a motion detector and a user input device as claimed (Compl. ¶52).
U.S. Patent No. 9,427,659 - "Human Movement Measurement System"
- Patent Identification: U.S. Patent No. 9,427,659, “Human Movement Measurement System,” issued August 30, 2016 (Compl. ¶58).
- Technology Synopsis: This patent claims a wireless video game system comprising a remote processing system and a hand-held game controller. The claims detail specific software routines executing on a processing system to receive motion and user input, and to output feedback and control data for manipulating a virtual object (Compl. ¶65).
- Asserted Claims: Claim 45 (Compl. ¶61).
- Accused Features: The complaint accuses the PlayStation VR controllers and the software routines executing on the PlayStation console that process motion and user input from the controllers to provide feedback and control a virtual object (Compl. ¶¶63-65).
III. The Accused Instrumentality
Product Identification
- The accused instrumentalities are Defendant’s PlayStation VR systems, which include the PlayStation 4, PlayStation 4 Slim, and PlayStation 4 Pro consoles, the PS VR headset, a processing unit, a Camera, and various controllers such as the Move, DualShock 4, and Aim controllers (collectively, “Accused PlayStation VR Products”) (Compl. ¶11).
Functionality and Market Context
- The Accused PlayStation VR Products constitute a virtual reality system for playing video games (Compl. ¶25, ¶39). The system functions by tracking the movement of a user, which the complaint alleges is accomplished through hand-held controllers (e.g., Move Controllers) that are in communication with a processing system (e.g., a PlayStation console) (Compl. ¶8, ¶15). A product photograph in the complaint shows the PS VR headset, the PlayStation Camera, and two PlayStation Move controllers with illuminated spheres used for optical tracking (Compl. p. 3). A separate diagram illustrates the connectivity between the PS VR headset, a processing unit, the PlayStation Camera, and the PlayStation 4 console (Compl. p. 4). The complaint alleges these systems are sold and offered for sale to customers in Texas and throughout the United States (Compl. ¶7, ¶11).
IV. Analysis of Infringement Allegations
U.S. Patent No. 7,292,151 Infringement Allegations
| Claim Element (from Independent Claim 28) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a first communication device comprising a transmitter for transmitting signals, a receiver for receiving signals and an output device, said first communication device adapted to be hand-held | The accused products include a first hand-held controller (e.g., Move Controller) with a transmitter, receiver, and an output device for sensory feedback. | ¶14 | col. 2:45-52 |
| a processing system, remote from the first communication device, for wirelessly receiving said transmitted signals from said first communication device, said processing system adapted to determine movement information...and sending data signals to said first communication device for providing feedback or control data | The accused products include a processing system (e.g., PlayStation console) that wirelessly receives signals from the controller, determines its movement, and sends feedback data back to it. | ¶15 | col. 2:52-67 |
| said first communication device receives and processes said data signals...and wherein the output device provides sensory stimuli according to the received data signals | The first controller receives and processes data signals from the processing system, and its output device provides sensory stimuli (e.g., haptic feedback). | ¶16 | col. 4:46-67 |
| a second communication device, adapted to be hand held, in electrical communication with the first communication device | The accused products include a second hand-held controller that is in electrical communication with the first controller. | ¶17 | col. 3:28-32 |
| said processing system is adapted to determine movement information for both said first and second communication devices and to calculate a displacement vector from said movement information | The processing system is adapted to determine movement information for both controllers and to calculate a displacement vector based on that information. | ¶18 | col. 3:33-47 |
- Identified Points of Contention:
- Scope Questions: A central question may be the proper construction of "in electrical communication with the first communication device" as applied to the second hand-held device. The complaint alleges this limitation is met, but the analysis may depend on whether this requires a direct communication link between the two controllers, as opposed to both controllers communicating independently with the central processing system (Compl. ¶17).
- Technical Questions: What evidence does the complaint provide that the accused processing system performs the specific function of calculating a "displacement vector" from the movement information of two separate controllers, as required by the claim? The complaint asserts this functionality in a conclusory manner (Compl. ¶18), which may become a point of factual dispute.
U.S. Patent No. 7,952,483 Infringement Allegations
| Claim Element (from Independent Claim 44) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a first hand-held communication device comprising a transmitter for transmitting signals, a receiver for receiving signals, and an output device | The accused products include a first hand-held controller with a transmitter, receiver, and output device. | ¶26 | col. 2:45-52 |
| a second hand-held communication device adapted to electrically communicate with the first communication device...the second hand-held communication device comprising a transmitter | The accused products include a second hand-held controller that is adapted to electrically communicate with the first controller and also has a transmitter. | ¶27 | col. 3:28-32 |
| a processing system, remote from the first hand-held communication device, adapted to wirelessly receive the signals...to determine movement information for each of the respective communication devices, and to send data signals...to provide feedback data to the user | The accused products include a remote processing system (e.g., PlayStation console) that determines movement for each controller and sends feedback data to the user. | ¶28 | col. 2:52-67 |
| an interactive interface such that the movement information of the first hand-held communication device controls the movement of at least one object in a computer generated virtual environment | The movement of the first controller is used to control an object within the PlayStation VR virtual environment. | ¶29 | col. 4:40-45 |
| wherein the user input device is adapted for calibrating the first communication device to establish a reference position | The user input device on the controller is adapted for calibrating the device to establish a reference position. | ¶32 | col. 14:17-21 |
- Identified Points of Contention:
- Scope Questions: As with the ’151 Patent, the interpretation of "electrically communicate with the first communication device" may be a key issue for determining infringement (Compl. ¶27).
- Technical Questions: Does the accused system's setup or initialization process perform the specific function of "calibrating the first communication device to establish a reference position" as that phrase is used in the patent? The patent describes a specific "Calibration Phase" (e.g., ’483 Patent, Fig. 3C), which could inform the construction of this term and create a factual dispute over whether the accused products perform this claimed function.
V. Key Claim Terms for Construction
The Term: "in electrical communication with" (from ’151 Patent, Claim 27) / "adapted to electrically communicate with" (from ’483 Patent, Claim 44)
Context and Importance: This term is critical because the accused system involves two controllers that primarily communicate wirelessly with a central console, not necessarily with each other. The infringement analysis for claims requiring two such devices will depend on whether this term can be construed to cover such an architecture, or if it requires a direct link (wired or wireless) between the two hand-held devices themselves.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification discusses the system's use of "a combined wireless and tethered communication means" for exchanging information between the processor and transponders, which may suggest flexibility in how system components are linked (’151 Patent, col. 2:61-63). A court might find that two devices communicating through a common hub are "in electrical communication."
- Evidence for a Narrower Interpretation: The defendant may argue that the plain meaning of the phrase implies a more direct connection. The absence of an explicit embodiment showing two controllers communicating only via a third-party console could be cited to support a narrower construction limited to direct device-to-device links.
The Term: "calibrating the first communication device to establish a reference position" (’483 Patent, Claim 44)
Context and Importance: Practitioners may focus on this term because infringement turns on whether the function performed by the user input on the accused controllers matches this claimed function. Sony may contend that any calibration in its system is for a different purpose (e.g., camera setup, screen alignment) and does not "establish a reference position" for the communication device itself in the manner contemplated by the patent.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: General statements about system setup could support a broader meaning that encompasses any process of establishing a starting or baseline state for the controller in the virtual space.
- Evidence for a Narrower Interpretation: The specification provides a detailed description and flowchart of a "Calibration Phase," which involves matching the device's pose to an "Initial Reference Movement Trajectory" or "Initial Field Position" (’483 Patent, Fig. 3C; col. 14:17-62). This detailed disclosure may support an argument that "calibrating" requires these specific steps, potentially narrowing the claim's scope.
VI. Other Allegations
- Indirect Infringement: The complaint alleges inducement of infringement by end-users through advertising, promotion, and the distribution of instructions on how to use the accused products in an infringing manner (Compl. ¶68). It also alleges contributory infringement, asserting that the Accused PlayStation VR Products contain special features that are not staple articles of commerce and have no substantial non-infringing use (Compl. ¶70).
- Willful Infringement: Willfulness is alleged based on knowledge of the patents "at least as of the date when it was notified of the filing of this action" (Compl. ¶71). The complaint also alleges pre-suit willfulness on "information and belief," claiming that Defendant was "willfully blind" due to a "policy or practice of not reviewing the patents of others" (Compl. ¶72).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of system architecture: can the asserted claims, which require a "second hand-held communication device...in electrical communication with the first," be read to cover a system where two independent controllers communicate with a central console but not directly with each other? The resolution of this question of scope will be critical for the claims involving two-controller systems.
- A second key question will be one of functional operation: does the accused PlayStation VR system's user setup and initialization process perform the specific function of "calibrating...to establish a reference position" as required by Claim 44 of the ’483 Patent? This will likely involve a claim construction dispute informed by the patent’s detailed description of a "Calibration Phase" and a factual comparison to the accused product's actual functionality.
- A significant evidentiary question for damages will be one of pre-suit knowledge: can the plaintiff substantiate its allegation that the defendant maintained a policy of willful blindness toward third-party patent rights, or will the willfulness claim be limited to conduct occurring after the filing of the complaint?