DCT
3:24-cv-01328
Better Mouse Co LLC v. Altex Electronics Ltd
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Better Mouse Company, LLC (Texas)
- Defendant: Altex Electronics, Ltd. (Texas)
- Plaintiff’s Counsel: Ni, Wang & Massand, PLLC
- Case Identification: 3:24-cv-01328, N.D. Tex., 05/31/2024
- Venue Allegations: Venue is alleged based on Defendant committing acts of infringement and maintaining a regular and established place of business within the Northern District of Texas.
- Core Dispute: Plaintiff alleges that Defendant’s computer gaming mice infringe a patent related to on-device hardware for adjusting mouse resolution without the need for external software.
- Technical Context: The technology concerns user-adjustable mouse sensitivity (DPI/CPI), a feature that allows users to change cursor speed for different tasks, such as gaming or precision design work, directly from the peripheral itself.
- Key Procedural History: The complaint notes that on September 18, 2023, Plaintiff provided notice of infringement to the supplier of the accused products, IC Intracom USA, Inc. This notice may be relevant to the allegations of willfulness.
Case Timeline
| Date | Event |
|---|---|
| 2004-05-05 | '200' Patent Priority Date |
| 2009-05-12 | '200 Patent Issue Date |
| 2023-09-18 | Notice of Infringement Sent to Defendant's Supplier |
| 2024-05-31 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 7,532,200 - "Apparatus for Setting Multi-Stage Displacement Resolution of a Mouse" (issued May 12, 2009)
The Invention Explained
- Problem Addressed: The patent describes the prior art method of adjusting mouse resolution as inconvenient, as it required users to install and navigate specific software drivers or tools on a computer. This process could be difficult for some users, and the necessary software media (e.g., a CD-ROM) could be lost. (’200 Patent, col. 1:15-34).
- The Patented Solution: The invention is an apparatus within the mouse itself that allows a user to directly set the resolution. It includes a physical "switching circuit" on the mouse, which a user can manually adjust. A "mouse micro controller" inside the device reads the state of this switch, determines the corresponding resolution, stores that value in a register, and controls the cursor's movement based on that stored value, all without requiring a dedicated software tool on the host computer. (’200 Patent, col. 2:34-60; Fig. 1).
- Technical Importance: This approach decouples resolution setting from host computer software, enabling faster, on-the-fly adjustments and simplifying the use of the mouse across different computers where a user may not have the ability or desire to install drivers. (’200 Patent, col. 3:45-50).
Key Claims at a Glance
- The complaint asserts independent claim 6. (Compl. ¶20).
- The essential elements of independent claim 6 are:
- An "X-Y axis plane displacement detector" for sensing the mouse's movement.
- An "N-stage switch" with a "switching button" that can be manually switched to one of N positions to activate a "resolution setting pin".
- A "mouse micro controller" with a "register" that is coupled to the detector and the switch.
- The micro controller determines the resolution based on the switch's state, stores the resolution value in the register, and uses that stored value to generate the control signal for moving the computer cursor.
- The complaint states infringement of "one or more claims," reserving the right to assert others. (Compl. ¶19).
III. The Accused Instrumentality
Product Identification
- The complaint names the Manhattan RGB Wired Optical USB Gaming Mouse (SKU: 190121), Manhattan RGB LED Wired Optical USB Gaming Mouse (SKU: 179256), and Manhattan Curve Wireless Optical Mouse (SKU: 179294) as the "Accused Products." (Compl. ¶13).
Functionality and Market Context
- The Accused Products are described as computer gaming mice offered for sale by Defendant, an authorized reseller. (Compl. ¶¶12-13). The complaint alleges they feature a "top-mount push-button" that allows a user to "instantly shift resolution" between four different levels: 1200, 2400, 4800, and 7200 dpi. (Compl. ¶15). This functionality is allegedly enabled by a "high-precision 7200 CPI optical sensor (Instant A704F)" which supports 4-level resolution that can be "switched via pressing CPI related buttons." (Compl. ¶16).
- The complaint includes an image from the product's packaging, showing the physical mouse and its marketing features. (Compl. ¶14, p. 4). Another included visual, from the product's user manual, explicitly labels a "DPI button" and instructs the user to "Press the DPI button to cycle through the four resolution settings." (Compl. p. 7; Ex. D at 2).
IV. Analysis of Infringement Allegations
’200 Patent Infringement Allegations
| Claim Element (from Independent Claim 6) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| an X-Y axis plane displacement detector, for sensing a distance and a moving direction generated by the mouse in a two-dimensional space; | The Accused Products contain a "high-precision 7200 CPI optical sensor (Instant A704F)" that functions as a displacement detector. | ¶¶16, 21 | col. 2:46-50 |
| an N-stage switch for setting a resolution value, the N-stage switch circuit having a switching button capable of being manually switched to one of positions 1 to N, and accordingly activating a connected resolution setting pin to indicate a state, where N is a positive integer; | The Accused Products have a "top-mount, push-button control" or "DPI button" that allows a user to manually cycle through four (N=4) resolution settings (1200, 2400, 4800, and 7200 dpi). | ¶¶15, 22 | col. 3:23-34 |
| a mouse micro controller with a register, coupled to the X-Y axis plane displacement detector and the switching circuit, the mouse micro controller determining the resolution value based on the state of the connected resolution setting pins, setting a mouse resolution based on the resolution value and storing the resolution value in the register... | The Accused Products contain the Instant A704F sensor, which functions as a microcontroller that determines the resolution based on the state of the CPI button, sets the resolution, and stores it. | ¶¶16, 23 | col. 4:9-16 |
| ...the mouse micro controller responding to the distance and moving direction sensed by the X-Y axis plane displacement detector to provide a control signal to a computer...the mouse cursor being moved directly based on the resolution value stored in the register. | The microcontroller responds to the optical sensor's movement data to provide a control signal, moving the cursor based on the resolution value set by the DPI button and stored internally. A circuit diagram from a component datasheet is provided as evidence of this capability. | ¶23 | col. 4:16-22 |
- Identified Points of Contention:
- Scope Questions: A central question may be whether the accused "push-button [that]...cycle[s] through" resolution settings meets the claim limitation of an "N-stage switch...capable of being manually switched to one of positions 1 to N." The defense may argue that cycling through states with a single button is functionally and structurally different from a switch that can be set to a specific, discrete position, as depicted in the patent's embodiments (e.g., a DIP switch or a slider).
- Technical Questions: The infringement theory relies on a technical datasheet for an internal component, the A704F sensor. (Compl. ¶¶16, 23). An evidentiary question will be whether the Accused Products, as sold, actually implement the full functionality of this component in the manner required by the claims. For example, the complaint alleges the use of specific CPI settings (Compl. ¶15), and discovery may be required to confirm that the products are configured to operate exactly as alleged, rather than in an alternative mode described in the component's datasheet.
V. Key Claim Terms for Construction
The Term: "N-stage switch"
- Context and Importance: The definition of this term is critical, as it lies at the heart of the invention and the infringement allegation. The dispute may turn on whether the accused single, cycling push-button falls within the scope of an "N-stage switch" as understood from the patent.
- Intrinsic Evidence for a Broader Interpretation: The patent claims a "switching circuit for setting a resolution value, the switching circuit having multiple switches for being manually adjusted" (’200 Patent, cl. 1), which could be argued to encompass any hardware mechanism, including a cycling button, that selects from multiple resolution states.
- Intrinsic Evidence for a Narrower Interpretation: The patent’s detailed description and figures show specific embodiments like a "DIP (Dual In-line Package) switch" with multiple toggles and an "N-stage switch 31" with a slider-like "switching button 311." (’200 Patent, col. 3:17-29, Figs. 3, 5). A party could argue these embodiments limit the term to switches with physically distinct positions corresponding to each stage.
The Term: "directly based on the resolution value stored in the register"
- Context and Importance: This term addresses the requirement that the resolution adjustment is self-contained within the mouse hardware, a key point of novelty over prior art software-based solutions. Practitioners may focus on this term to dispute whether any processing by the host computer's operating system breaks the "direct" link between the mouse's register and the final cursor movement.
- Intrinsic Evidence for a Broader Interpretation: The patent’s primary goal was to eliminate the need for a separate, user-installed "software driver or tool" to set the resolution. (’200 Patent, col. 3:45-50). This context may support an interpretation that as long as the resolution-setting logic is internal to the mouse, the cursor movement is "directly based" on that setting, even if the host OS performs standard, generic signal processing.
- Intrinsic Evidence for a Narrower Interpretation: An opposing argument could be that if the host operating system applies its own sensitivity scaling or acceleration curves to the signal received from the mouse, the cursor's final movement is no longer "directly based" only on the value in the mouse's register, but is instead a function of both the mouse's setting and the OS's processing.
VI. Other Allegations
- Indirect Infringement: The prayer for relief includes a request for judgment on indirect infringement. (Compl. p. 10, ¶A). However, the complaint does not plead specific facts to support the elements of knowledge and intent required for induced or contributory infringement.
- Willful Infringement: The complaint alleges willful infringement and seeks enhanced damages. (Compl. p. 10, ¶B). The factual basis provided is a notice of infringement sent to the Defendant’s supplier on September 18, 2023. (Compl. ¶17). The complaint does not allege pre-suit notice was provided directly to the Defendant.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "N-stage switch...capable of being manually switched to one of positions 1 to N", which is exemplified in the patent by multi-toggle or slider switches, be construed to cover the accused product's single push-button that cycles through a set of resolution levels?
- A key evidentiary question will be one of technical implementation: does the accused mice's use of the A704F internal sensor component, as assembled and sold, perform the specific, multi-part functions of determining, setting, storing, and responding to the resolution value in a manner that satisfies every limitation of the "mouse micro controller" element of Claim 6? The case may turn on evidence from discovery that moves beyond the component's datasheet to the operation of the final, assembled product.