DCT
1:25-cv-01579
Secure Communication Tech LLC v. Apple Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Secure Communication Technologies, LLC (Texas)
- Defendant: Apple Inc. (California)
- Plaintiff’s Counsel: NELSON BUMGARDNER CONROY P.C.
- Case Identification: 1:25-cv-01579, W.D. Tex., 09/30/2025
- Venue Allegations: Plaintiff alleges venue is proper in the Western District of Texas because Defendant maintains a regular and established place of business in the district, including a large corporate campus and retail stores in Austin, and has committed acts of infringement there.
- Core Dispute: Plaintiff alleges that Defendant’s smartphones, tablets, and laptops implementing AirDrop and Find My network functionalities infringe three patents related to using short-range wireless identifiers to initiate secure, server-mediated communications.
- Technical Context: The technology involves a hybrid system where devices use short-range radio signals (e.g., Bluetooth) for proximity detection, and then use a wide-area network (e.g., cellular) to communicate with a central server that facilitates information exchange, thereby enabling location-aware services without relying on GPS.
- Key Procedural History: The complaint alleges that Defendant had pre-suit knowledge of the asserted patent family because Defendant cited a family member patent during the prosecution of its own U.S. Patent No. 9,853,719, a fact which may be central to Plaintiff's willful infringement allegations.
Case Timeline
| Date | Event |
|---|---|
| 2008-09-08 | Earliest Priority Date for ’918, ’344, and ’971 Patents |
| 2022-05-17 | U.S. Patent No. 11,334,918 Issues |
| 2022-09-13 | U.S. Patent No. 11,443,344 Issues |
| 2023-06-27 | U.S. Patent No. 11,687,971 Issues |
| 2025-09-30 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
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’s background section describes the limitations of mobile e-commerce and social networking applications that rely on either GPS (which fails indoors) or pure peer-to-peer wireless connections (which lack security and a trusted third party for transactions) (ʼ918 Patent, col. 1:49-2:62).
- The Patented Solution: The invention proposes a hybrid communication model. A first wireless device uses a short-range radio (like Bluetooth) to detect a simple identifier from a nearby second device. The first device then uses a long-range radio (like cellular) to contact a central server with this identifier. The server brokers the interaction by looking up information associated with the identifier and applying security or disclosure policies, facilitating a secure exchange without a direct peer-to-peer data connection (ʼ918 Patent, Abstract; col. 3:6-24).
- Technical Importance: This architecture separates the mechanism for proximity detection from the mechanism for data exchange, enabling secure, location-aware services in environments where technologies like GPS are unreliable.
Key Claims at a Glance
- The complaint asserts independent claims 1 and 9 (Compl. ¶46).
- Claim 1 (Device Claim): A mobile wireless device comprising:
- A first radio, a second radio, processors, and memory.
- Receiving, with the first radio, identifier-related information from one or more servers.
- Receiving, with the second radio, a plurality of short-range transmissions, including proximity beacon transmissions.
- Each proximity beacon transmission includes a MAC address, a unique identifier, and a Proximity Beacon Service Identifier (PBSI).
- Determining if a short-range transmission includes a MAC address and a PBSI that indicates it is associated with the proximity beacon service.
- If so, determining if an entity or object is in proximity by using the identifier-related information and the unique identifier.
- Claim 9 (Method Claim): A method performed by a mobile wireless device with similar steps to claim 1, including receiving information from a server, receiving short-range beacon transmissions, and making proximity determinations based on the contents of those transmissions.
- The complaint does not explicitly reserve the right to assert dependent claims for this patent.
U.S. Patent No. 11,443,344 - Efficient and secure communication using wireless service identifiers, issued September 13, 2022
The Invention Explained
- Problem Addressed: The patent family addresses the need for a secure and efficient way for mobile devices to identify and interact with nearby services or entities without compromising privacy or security ('344 Patent, col. 1:49-2:62).
- The Patented Solution: The patent describes a method where a wireless device receives short-range beacon transmissions. Each transmission is structured to contain three specific fields: (a) a MAC address, (b) a unique identifier that does not reveal location, and (c) a beacon service identifier that specifies a particular service (e.g., file sharing) rather than a generic network. The device filters these transmissions based on the service identifier to identify relevant beacons and then takes further action based on the unique identifier and information received separately from a server ('344 Patent, Abstract).
- Technical Importance: This method provides a structured way for a device to parse a complex wireless environment, efficiently identify specific services of interest, and securely act upon them using non-public information.
Key Claims at a Glance
- The complaint asserts independent claims 1, 29, and 30 (Compl. ¶76).
- Claim 1 (Method Claim): A method comprising:
- Receiving, at a wireless device via a short-range protocol, a plurality of beacon transmissions.
- Each beacon transmission comprises three fields: (a) a MAC address, (b) a unique identifier not directly identifying location, and (c) a beacon service identifier identifying a wireless beacon service.
- Receiving, at the device via a second, different wireless protocol, stored information from a server related to an entity associated with a first unique identifier.
- Causing selection of unique identifiers by filtering beacon transmissions for a particular beacon service identifier.
- Taking a first further action relating to the stored information if the first unique identifier is present among the selected identifiers.
- Claims 29 and 30 (Device Claims): These claims are directed to a mobile wireless device with radios, processors, and memory configured to perform the steps of method claim 1.
- The complaint does not explicitly reserve the right to assert dependent claims for this patent.
U.S. Patent No. 11,687,971 - Efficient and secure communication using wireless service identifiers, issued June 27, 2023
- Technology Synopsis: This patent describes a method for secure communication where a device receives short-range wireless beacons containing a MAC address, a unique identifier, and a service identifier. A key aspect is that the service identifier indicates the unique identifier's relevance to "stored information not otherwise accessible to the wireless device utilizing the short range wireless protocol," reinforcing the hybrid architecture where proximity detection is decoupled from secure data access via a separate network (Compl. ¶103).
- Asserted Claims: The complaint asserts independent claims 1, 37, and 50 (Compl. ¶100).
- Accused Features: The accused features are Apple's AirDrop and Find My functionalities, including Offline Finding and AirTags (Compl. ¶103).
III. The Accused Instrumentality
Product Identification
- The accused products include a range of Apple devices such as the iPhone 14, 15, and 16 series; various iPad models (Pro, Air, mini); and MacBook Air and MacBook Pro laptops (Compl. ¶40).
Functionality and Market Context
- The complaint targets the functionality of AirDrop and the Find My network (including Offline Finding and AirTags) (Compl. ¶41).
- AirDrop: This feature allows users to send files to nearby Apple devices. The complaint alleges it operates by using Bluetooth Low Energy (BLE) to broadcast a short identity hash for discovery, after which a peer-to-peer Wi-Fi connection is established for the data transfer (Compl. ¶¶54, 57). A screenshot in the complaint shows the user interface for initiating an AirDrop transfer (Compl. p. 17).
- Find My Network: This is a crowdsourced network that helps users locate missing Apple devices or AirTags, even when they are offline (Compl. ¶¶55, 58). The complaint alleges that devices in the network broadcast BLE signals with "rolling" public keys. Other nearby Apple devices detect these signals, encrypt the location data, and anonymously relay it to Apple's servers, allowing the owner to see the item's location (Compl. ¶¶ 28-32). A diagram from an Apple security guide illustrates this workflow of a nearby device detecting a signal and relaying encrypted location data to Apple's servers (Compl. p. 30). The complaint alleges these functionalities are commercially important features of the Apple ecosystem.
IV. Analysis of Infringement Allegations
11,334,918 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| receiving, using the first radio, identifier related information associated with a proximity beacon service, from one or more servers | Accused Products receive information from Apple's servers (e.g., iCloud) to authenticate and enable AirDrop or Find My services. | ¶53 | col. 3:6-14 |
| receiving, using the second radio, a plurality of short range transmissions, including a plurality of proximity beacon transmissions | Accused Products use their Bluetooth radio to receive BLE advertisement packets from other Apple devices for AirDrop discovery or Find My location. | ¶56 | col. 3:6-14 |
| each of the proximity beacon transmissions including a respective MAC address, a respective unique identifier, and a Proximity Beacon Service Identifier (PBSI) | Apple's BLE packets allegedly contain a MAC address, a unique identifier (e.g., a rolling public key for Find My), and a service identifier (e.g., a code indicating the AirDrop service). | ¶56 | col. 6:15-30 |
| determining if a particular short range transmission...a) includes a MAC address, and b) includes the proximity beacon service identifier (PBSI) and if c) the PBSI indicates the particular short range transmission is a proximity beacon transmission | The device's operating system processes incoming BLE packets to identify those containing both a MAC address and a specific service identifier for an Apple service like AirDrop or Find My. | ¶59 | col. 7:10-20 |
| then: determining if an entity or object associated with the proximity beacon service is in proximity to the mobile wireless device, by utilizing the identifier related information and the unique identifier | The device uses the unique identifier from the beacon (e.g., an AirDrop identity hash) and the server-provided information (e.g., contacts) to determine if a known user is nearby to complete a file transfer. | ¶64 | col. 7:21-27 |
Identified Points of Contention
- Scope Questions: A central question may be whether "a first radio" and "a second radio" require physically separate hardware components, or if they can be construed to cover different protocols (e.g., Wi-Fi and Bluetooth) operating on a single, multi-modal wireless chip, as is common in the Accused Products (Compl. ¶¶49-50).
- Technical Questions: The complaint alleges that Apple's proprietary BLE advertisement packets, which contain fields for specific services like "AirDrop," meet the claim limitation of a "Proximity Beacon Service Identifier (PBSI)" (Compl. ¶56). The analysis may turn on whether the function of Apple's service code is technically equivalent to the function required by this claim element. A diagram in the complaint shows a structure of a BLE advertisement packet alleged to be used for Apple's Continuity protocols (Compl. p. 25).
11,443,344 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| receiving, at a wireless device, via a short range wireless protocol, a first plurality of beacon transmissions | The Accused Products receive BLE advertisement packets from nearby Apple devices or AirTags. | ¶79 | col. 26:1-3 |
| each beacon transmission comprising three fields (a) a MAC address, (b) a unique identifier... and (c) a beacon service identifier | Apple's BLE packets used for services like Find My are alleged to contain a MAC address, a unique identifier (e.g., a non-locating rolling public key), and a service identifier indicating the Find My service. | ¶79 | col. 26:3-13 |
| receiving, at the wireless device via a second wireless protocol... stored information from one or more servers | The device communicates with Apple's iCloud servers over Wi-Fi or cellular (a different protocol from BLE) to retrieve information needed to decrypt location reports or authenticate users. | ¶82 | col. 26:14-22 |
| causing selection of one or more of the unique identifiers... by filtering the beacon transmissions which include a particular beacon service identifier | The operating system on the Accused Products filters the multitude of ambient BLE signals to isolate and process only those that are identified as being part of a specific Apple service, such as AirDrop or Find My. | ¶85 | col. 26:23-29 |
| taking first further action relating to the stored information, if the first unique identifier is present among the selected one or more unique identifiers | Upon identifying a known AirDrop user's hash, the device initiates a file transfer; upon identifying a Find My beacon, it relays location data to Apple's servers using the stored cryptographic keys. | ¶88 | col. 26:30-33 |
Identified Points of Contention
- Scope Questions: An issue may arise over whether the specific data fields within Apple's proprietary BLE advertisement packets constitute the claimed three-part structure of "MAC address," "unique identifier," and "beacon service identifier." The complaint presents a workflow diagram illustrating how finder devices broadcast Bluetooth advertisements with a public key, which is then used in a multi-step process involving Apple's servers (Compl. p. 32).
- Technical Questions: The claim requires that the "unique identifier" does not "directly identify a location of a beacon transmitter." The infringement analysis will likely examine whether Apple's use of rolling public keys and short-lived identity hashes in its Find My and AirDrop systems, respectively, meets this negative limitation (Compl. ¶¶ 23, 28).
V. Key Claim Terms for Construction
"a first radio" / "a second radio" (from ’918 Patent, Claim 1)
- Context and Importance: This term is critical because the Accused Products typically use a single, multi-modal wireless chip to handle both Wi-Fi (for server communication) and Bluetooth (for beacon detection). If "a first radio" and "a second radio" are construed to mean physically distinct hardware transceivers, it may present a challenge to the infringement allegation. Practitioners may focus on this term because its construction could be dispositive of infringement for the '918 patent.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification discusses the use of different wireless standards (e.g., WWAN for long-range, WPAN/WLAN for short-range) functionally, without explicitly requiring separate physical hardware for each (ʼ918 Patent, col. 2:25-36). A party may argue that "a radio" refers to a functional capability to operate according to a specific protocol.
- Evidence for a Narrower Interpretation: The consistent use of "a first radio" and "a second radio" as distinct elements in the claims could imply they are structurally separate. Figure 1 of the patent depicts a "WWAN LINK" and a "LOCAL LINK" as separate pathways, which could be used to argue for a construction requiring separate physical components (ʼ918 Patent, Fig. 1).
"beacon service identifier" (from ’344 Patent, Claim 1)
- Context and Importance: The infringement theory for the ’344 and ’971 patents hinges on whether data within Apple's BLE packets functions as a "beacon service identifier." The complaint alleges that specific data fields in Apple's "manufacturer-specific data" section of a BLE packet serve this purpose (Compl. p. 25, Fig. 1). The construction of this term will determine if Apple's proprietary implementation falls within the claim scope.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim provides a functional definition: the identifier "identifies a wireless beacon service as opposed to identifying a communication network or a device" (’344 Patent, col. 26:10-13). This suggests that any data field that performs this specific distinguishing function could meet the limitation, regardless of its specific format or location within the data packet.
- Evidence for a Narrower Interpretation: A defendant may argue that the specification does not provide a detailed structure or explicit examples of a "beacon service identifier," potentially opening an argument that the term is indefinite or should be limited to what little is disclosed. The patent's primary focus is on the overall system rather than the minutiae of the beacon packet structure.
VI. Other Allegations
- Indirect Infringement: The complaint alleges inducement of infringement against Apple. The basis for this allegation is that Apple provides its customers with extensive instructions, user manuals, software, and customer support (e.g., through its website and Genius Bar) that allegedly instruct and encourage users to operate the Accused Products in an infringing manner by using features like AirDrop and Find My (Compl. ¶¶ 69, 93, 117).
- Willful Infringement: The complaint alleges willful infringement based on both pre-suit and post-suit knowledge. Post-suit knowledge is based on the filing of the complaint itself. Critically, the basis for pre-suit knowledge is the allegation that Apple cited a parent patent to the patents-in-suit (U.S. Patent No. 8,385,913) during the prosecution of its own, unrelated U.S. Patent No. 9,853,719. Plaintiff alleges this demonstrates that Apple was aware of the patented technology before the lawsuit was filed (Compl. ¶¶ 67, 91, 115).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of technical implementation versus claim scope: Do Apple’s proprietary systems, such as the use of rolling public keys in the Find My network and short identity hashes in AirDrop, perform the specific functions required by the patents’ claim terms like "unique identifier" and "beacon service identifier"? The case will likely involve a deep dive into the technical operation of Apple's BLE protocols.
- A key legal question will be one of claim construction: Can the terms "a first radio" and "a second radio" in the ’918 patent be interpreted to cover a single, multi-modal wireless chip operating on different protocols, or do they require physically separate hardware? The outcome of this construction could be pivotal for infringement of that patent.
- A central evidentiary question for willfulness will be the significance of pre-suit knowledge: Does an applicant's citation of a patent from an asserted family during its own patent prosecution constitute knowledge of the patented technology sufficient to support a claim of willful infringement for later-issued patents in that same family?