DCT

1:25-cv-01207

Secure Communication Tech LLC v. Google LLC

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 1:25-cv-01207, W.D. Tex., 09/08/2025
  • Venue Allegations: Plaintiff alleges venue is proper because Defendant maintains regular and established places of business in the Western District of Texas, employs personnel in the district, and has committed acts of infringement there by developing, marketing, and selling the accused products and the Android operating system.
  • Core Dispute: Plaintiff alleges that Defendant’s Google-branded devices (e.g., Pixel), Chromebooks, and third-party devices running the Android operating system infringe five patents related to proximity-based wireless communication brokered by a central server.
  • Technical Context: The technology involves using short-range wireless protocols (e.g., Bluetooth) for device discovery and long-range wireless networks (e.g., cellular) for secure, server-managed communication, enabling features like device pairing, file sharing, and location services.
  • Key Procedural History: The complaint alleges that Defendant had pre-suit knowledge of the patents through multiple channels, including direct communication from the inventor as early as 2012, Defendant’s citation of the ’749 Patent during its own patent prosecution, and Defendant’s filing of Inter Partes Review (IPR) petitions challenging certain patents-in-suit after becoming aware of related litigation against Samsung.

Case Timeline

Date Event
2008-09-08 Earliest Priority Date for all Patents-in-Suit
2012-02-09 Plaintiff alleges Defendant was aware of the '749 and related patents
2012-02-14 U.S. Patent 8,116,749 Issued
2012-12-17 Plaintiff alleges Defendant disclosed the '749 Patent in an IDS filing
2013-01-01 Google's Find Hub feature released (approximate date)
2017-01-01 Google's Fast Pair feature released (approximate date)
2020-01-01 Google's Nearby Share feature released (approximate date)
2022-05-17 U.S. Patent 11,334,918 Issued
2022-09-13 U.S. Patent 11,443,344 Issued
2023-06-27 U.S. Patent 11,687,971 Issued
2024-05-28 U.S. Patent 11,995,685 Issued
2025-07-02 Plaintiff alleges Defendant filed IPRs challenging the patents-in-suit sometime before this date
2025-08-04 Original Complaint filed in this matter
2025-09-08 First Amended Complaint Filed

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

U.S. Patent No. 8,116,749 - Protocol for anonymous wireless communication

  • Patent Identification: U.S. Patent No. 8,116,749, “Protocol for anonymous wireless communication,” issued February 14, 2012.

The Invention Explained

  • Problem Addressed: The patent’s background section describes the impracticality of mobile electronic payments and social networking between individuals in close proximity due to the limitations of existing technologies. It notes that peer-to-peer approaches suffer from security risks and fraud, while GPS-based systems perform poorly indoors (’749 Patent, col. 2:15-62).
  • The Patented Solution: The invention proposes a hybrid communication architecture. A first device uses a short-range wireless capability (e.g., Bluetooth) to detect an identifier from a second, nearby device. Instead of communicating directly, the first device then uses a long-range wireless network (e.g., cellular) to send this identifier to a central server, which brokers the subsequent information exchange or transaction. This allows the server to apply security policies and manage the interaction (’749 Patent, col. 3:4-34).
  • Technical Importance: This architecture combined the proximity-awareness of short-range radio with the security and robust connectivity of a server-based wide-area network, offering a method for secure, location-aware mobile applications that could function indoors (’749 Patent, col. 4:4-10).

Key Claims at a Glance

  • The complaint asserts independent claim 1 (Compl. ¶68).
  • Claim 1 of the ’749 Patent recites a method with the essential elements of:
    • Detecting, by a first device, an identifier from a second device in proximity using a short-range wireless capability.
    • Communicating with a central server by the first device using a second, different wireless capability.
    • Providing the detected identifier to the central server.
    • Receiving information from the server that is associated with the second device.
    • Wherein the server provides the information based on a policy associated with the identities of both the first and second devices.
  • The complaint does not explicitly reserve the right to assert dependent claims for this patent.

U.S. Patent No. 11,334,918 - Exchanging identifiers between wireless communication to determine further information to be exchanged or further services to be provided

  • Patent Identification: U.S. Patent No. 11,334,918, “Exchanging identifiers between wireless communication to determine further information to be exchanged or further services to be provided,” issued May 17, 2022.

The Invention Explained

  • Problem Addressed: The patent addresses the need for a secure and convenient method to facilitate electronic commerce between individuals in close proximity, noting the inadequacy of peer-to-peer models due to the lack of a trusted third party to validate identities and transactions (’918 Patent, col. 2:15-24).
  • The Patented Solution: The patent describes a system where a mobile device uses a short-range radio to receive a "proximity beacon transmission" from another device. This transmission contains a specific "Proximity Beacon Service Identifier (PBSI)" that signals the availability of a particular service. The receiving device filters for these specific beacons and then uses a wide-area network to communicate with a server, which uses the beacon's unique identifier to deliver information or facilitate a transaction based on pre-stored data and the current step in a process (’918 Patent, Abstract).
  • Technical Importance: This approach provided a method for devices to efficiently discover specific, relevant services in a crowded wireless environment by filtering for a dedicated service identifier, thereby reducing unnecessary communication and enhancing security for proximity-based transactions (’918 Patent, col. 25:1-10).

Key Claims at a Glance

  • The complaint asserts independent claims 1 and 9 (Compl. ¶80).
  • Claim 1 of the ’918 Patent recites a mobile wireless device with elements including:
    • A first radio for server communication and a second radio for short-range transmissions.
    • Instructions to receive "identifier related information" from a server.
    • Instructions to receive "proximity beacon transmissions" containing a MAC address, a unique identifier, and a "Proximity Beacon Service Identifier (PBSI)."
    • Instructions to determine if a transmission is a relevant proximity beacon based on the presence and content of the PBSI.
    • Instructions to then determine proximity of an entity by using both the server-provided "identifier related information" and the received unique identifier.
  • Claim 9 recites a corresponding method with similar limitations.
  • The complaint does not explicitly reserve the right to assert dependent claims for this patent.

Multi-Patent Capsules

  • U.S. Patent No. 11,443,344

    • Patent Identification: U.S. Patent No. 11,443,344, "Efficient and secure communication using wireless service identifiers," issued September 13, 2022.
    • Technology Synopsis: This patent describes systems and methods for reducing communications between a server and a mobile device while enhancing security for wireless beacon services. A mobile device filters received beacon transmissions based on a specific "beacon service identifier" and takes further action only if a recognized unique identifier is present among the filtered results, using information previously stored or received from the server (’344 Patent, Abstract).
    • Asserted Claims: Independent claims 1, 29, and 30 are asserted (Compl. ¶93).
    • Accused Features: The complaint alleges that Google's Nearby Share/Quick Share, Fast Pair, and Find Hub features infringe this patent (Compl. ¶43).

  • U.S. Patent No. 11,687,971

    • Patent Identification: U.S. Patent No. 11,687,971, "Efficient and secure communication using wireless service identifiers," issued June 27, 2023.
    • Technology Synopsis: This patent discloses a system for providing enhanced security and reducing server communications for wireless beacon services. A device transmits a beacon with a MAC address, a unique identifier, and a beacon service identifier. A receiving mobile device filters for the service identifier and then selects one or more unique identifiers from the results to take further action (’971 Patent, Abstract).
    • Asserted Claims: Independent claims 1, 37, and 50 are asserted (Compl. ¶106).
    • Accused Features: The complaint alleges that Google's Nearby Share/Quick Share, Fast Pair, and Find Hub features infringe this patent (Compl. ¶43).

  • U.S. Patent No. 11,995,685

    • Patent Identification: U.S. Patent No. 11,995,685, "Efficient and secure communication using wireless service identifiers," issued May 28, 2024.
    • Technology Synopsis: This patent describes a similar system for efficient and secure communication using wireless service identifiers to reduce unnecessary server interactions. A broadcast device transmits a beacon including a MAC address, a unique identifier, and a service identifier. A mobile device filters for the service identifier and selects unique identifiers from the received beacons to determine further action (’685 Patent, Abstract).
    • Asserted Claims: Independent claim 1 is asserted (Compl. ¶119).
    • Accused Features: The complaint alleges that Google's Nearby Share/Quick Share, Fast Pair, and Find Hub features infringe this patent (Compl. ¶43).

III. The Accused Instrumentality

Product Identification

The accused instrumentalities are Google-branded smartphones and tablets (e.g., Pixel series), Chromebook laptops, and third-party Android smartphones and laptops that incorporate Google’s Android operating system (Compl. ¶39-42).

Functionality and Market Context

The infringement allegations center on specific software features within the Android operating system: Google’s Nearby Share/Quick Share (for file sharing), Fast Pair (for accessory pairing), and Find Hub (for device location) (Compl. ¶43). The complaint alleges these features utilize a two-tiered communication system—using short-range radio for discovery and a wide-area network for server communication—that maps onto the patented inventions. The complaint notes that these features were released years after the priority date of the patents-in-suit, suggesting the inventions were not obvious at the time (Compl. ¶59).

No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

The complaint references exemplary claim charts in exhibits that are not provided with the complaint document (Compl. ¶69, ¶81, ¶94, ¶107, ¶120). The infringement theory is therefore summarized in prose based on the complaint’s narrative allegations.

The core infringement theory alleges that the Accused Products’ features (Nearby Share, Fast Pair, Find Hub) practice the patented two-radio architecture. In each feature, a device is alleged to use a short-range radio (e.g., Bluetooth) to detect an identifier from a nearby device or accessory. The detecting device then allegedly uses a wide-area network radio (e.g., Wi-Fi or cellular) to send this identifier to Google's central servers. The servers then broker the subsequent interaction—whether it is establishing a file transfer, retrieving accessory information for pairing, or reporting a lost device’s location—based on policies associated with the device and user accounts.

  • Identified Points of Contention:
    • Scope Questions: The infringement analysis for the ’749 Patent may raise the question of whether the claimed "exchange of information between two wireless devices" can be read on a crowd-sourced network like Find Hub, where the primary information exchange is between a third-party device and a server for the ultimate benefit of the device owner, rather than a direct, server-brokered interaction between the two proximate devices.
    • Technical Questions: For the ’918 Patent and its family members, a central technical question will be whether the data packets broadcast by accused services like Fast Pair contain a specific field that meets the definition of a "Proximity Beacon Service Identifier (PBSI)" as required by the claims, or if the accused system uses a different method for service discovery.

V. Key Claim Terms for Construction

  • The Term: "policy associated with an identity of the first device and the second device" (’749 Patent, Claim 1)

  • Context and Importance: The construction of "policy" will be critical to the infringement analysis for the ’749 Patent. The dispute may center on whether this term is limited to the complex, user-configurable social or commercial rules described in the specification, or if it can be interpreted more broadly to encompass any server-side logic based on device or user identity, such as basic access control.

  • Intrinsic Evidence for Interpretation:

    • Evidence for a Broader Interpretation: The plain language of the claim does not explicitly limit "policy" to a specific type of rule, suggesting any rule based on the identities of the involved devices could suffice.
    • Evidence for a Narrower Interpretation: The specification provides examples of policies such as allowing communication only with entities on a "friends list" or applying different rules for merchants versus individuals, which could be argued to limit the term to user-defined social or commercial contexts (’749 Patent, col. 11:5-8; col. 12:1-9).

  • The Term: "Proximity Beacon Service Identifier (PBSI)" (’918 Patent, Claims 1 and 9)

  • Context and Importance: Practitioners may focus on this term because its definition is central to whether the accused Fast Pair and Find Hub services infringe the ’918 patent family. As a term seemingly coined by the patentee, its scope will be determined by its functional description in the patent and any definitions or disclaimers in the prosecution history.

  • Intrinsic Evidence for Interpretation:

    • Evidence for a Broader Interpretation: The claim functionally defines the PBSI as something that "indicates the particular short range transmission is a proximity beacon transmission associated with the proximity beacon service" (’918 Patent, col. 24:20-23). An argument could be made that any data field in a broadcast packet that serves this purpose meets the limitation.
    • Evidence for a Narrower Interpretation: The capitalization and repeated use of the acronym "PBSI" may suggest it is a specific, designated field, not merely any data that happens to indicate a service type. The patent consistently treats it as a discrete element alongside the MAC address and unique identifier, which may support a narrower construction requiring a distinct, purpose-built identifier (’918 Patent, col. 24:14-17).

VI. Other Allegations

  • Indirect Infringement: The complaint alleges that Defendant induces infringement by providing customers with its Android operating system and devices containing the accused features, along with instructions, user manuals, and support pages that encourage and instruct users on how to use these features in an infringing manner (Compl. ¶70, ¶82, ¶95, ¶108, ¶121).
  • Willful Infringement: Willfulness is a central allegation, based on alleged knowledge from numerous sources. The complaint alleges pre-suit knowledge of the patents dating back to at least February 9, 2012, based on direct communications between the inventor and Defendant (Compl. ¶46-47), Defendant's own citation of the '749 patent in a 2012 patent application (Compl. ¶48), and Defendant's knowledge of prior litigation and its own filing of IPRs challenging the patents before the instant suit was filed (Compl. ¶44). The complaint further alleges that Defendant failed to take remedial action despite this knowledge (Compl. ¶74, ¶87).

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

  • A core issue will be one of technical mapping: does the data structure of Google's Fast Pair and Find Hub broadcast signals contain a discrete element that functions as the claimed "Proximity Beacon Service Identifier (PBSI)," or does Google's protocol for service discovery operate in a fundamentally different manner not contemplated by the patent claims?
  • A key question of claim construction will be one of definitional scope: can the term "policy," which is described in the ’749 Patent’s specification in the context of user-managed social and e-commerce rules, be construed broadly enough to read on the server-side authentication and ownership verification logic used in Google’s Find Hub device location service?
  • A central question for damages will be one of culpability: given the complaint's detailed allegations of pre-suit notice spanning over a decade, including direct inventor contact and Defendant’s IPR petitions, can Defendant establish a good-faith belief of non-infringement or invalidity sufficient to defend against the claim of willful infringement?