DCT

6:22-cv-01220

Grus Tech LLC v. Google LLC

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: Grus Tech, LLC v. Google, LLC, 6:22-cv-01220, W.D. Tex., 11/28/2022
  • Venue Allegations: Plaintiff alleges venue is proper in the Western District of Texas because Defendant Google has committed acts of infringement in the district and maintains a regular and established place of business in Austin, Texas.
  • Core Dispute: Plaintiff alleges that Defendant’s devices running the Android 13 operating system, including the Google Pixel and Nexus lines, infringe four patents related to user interfaces for identifying and suggesting message recipients.
  • Technical Context: The technology at issue involves user interfaces for electronic messaging that automatically suggest a list of potential recipients based on the user’s selection of a specific sender identity.
  • Key Procedural History: The four asserted patents are all part of the same family, tracing priority back to an application filed in 2010. Each patent is a continuation or continuation-in-part of the one before it, suggesting a long and continuous prosecution history focused on this technology area.

Case Timeline

Date Event
2010-06-20 Earliest Priority Date for all Asserted Patents
2019-07-16 U.S. Patent No. 10,353,552 Issues
2019-12-03 U.S. Patent No. 10,496,249 Issues
2020-08-25 U.S. Patent No. 10,754,505 Issues
2021-08-10 U.S. Patent No. 11,086,487 Issues
2022-08-15 Android 13 (Accused Functionality) Public Release
2022-11-28 Complaint Filed

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

U.S. Patent No. 10,353,552 - “Apparatuses and Methods for Identifying a Contactee for a Message”

  • Patent Identification: U.S. Patent No. 10,353,552, entitled “Apparatuses and Methods for Identifying a Contactee for a Message,” issued July 16, 2019.

The Invention Explained

  • Problem Addressed: The patent’s background section describes the difficulty and inefficiency users face when selecting message recipients from increasingly large address books and contact directories on communication devices. (’552 Patent, col. 1:59-64).
  • The Patented Solution: The invention proposes a user interface within a messaging application, termed a "contactor window," that automates recipient suggestions. When a user selects a specific sender identity (a "contactor"), the system automatically identifies and displays a contextually relevant subset of potential recipients ("contactees") associated with that sender, from which the user can then make a selection. (’552 Patent, Abstract; col. 2:21-67). This process is illustrated in an exemplary embodiment where selecting "Dad" as the sender could automatically populate a list with the names of his children. (’552 Patent, Fig. 6).
  • Technical Importance: This approach aims to streamline the message composition process by leveraging the contextual relationship between a sender’s identity and their likely recipients to reduce manual searching and potential errors. (’552 Patent, col. 1:65-col. 2:4).

Key Claims at a Glance

  • The complaint asserts independent claim 1. (Compl. ¶14).
  • Claim 1 of the ’552 Patent recites an apparatus comprising a screen, input device, memory, and processors, which execute instructions to:
    • display a "contactor window" that includes user interface elements for a contactor (sender), contactee (recipient), message, and sending;
    • receive a selection of a "first contactor identifier";
    • in response to receiving the selection, display the selected first contactor identifier;
    • based on the receipt of the selection, "cause a first subset of the plurality of contactee identifiers… to be automatically identified, based on the selected first contactor identifier";
    • after the identification, display the first subset of contactee identifiers;
    • receive a selection of a "second contactor identifier" that results in the identification and display of a second, at least partially different, subset of contactee identifiers.

U.S. Patent No. 10,496,249 - “Apparatuses and Methods for Identifying a Contactee for a Message”

  • Patent Identification: U.S. Patent No. 10,496,249, entitled “Apparatuses and Methods for Identifying a Contactee for a Message,” issued December 3, 2019.

The Invention Explained

  • Problem Addressed: As a continuation of the application leading to the ’552 Patent, this patent addresses the same technical problem of simplifying recipient selection from large contact lists in electronic communications. (’249 Patent, col. 2:1-5).
  • The Patented Solution: The solution is materially the same as that described in the ’552 Patent. It discloses a messaging interface where selecting a sender identity automatically generates and displays a list of suggested recipients based on the context of the chosen sender identity. (’249 Patent, Abstract; col. 2:20-41). The figures and detailed description are substantially identical to those in the ’552 Patent.
  • Technical Importance: The technical contribution is consistent with that of the parent patent, focused on improving the efficiency and accuracy of the message composition user experience. (’249 Patent, col. 2:6-12).

Key Claims at a Glance

  • The complaint asserts independent claim 1. (Compl. ¶19).
  • Claim 1 of the ’249 Patent recites an apparatus with a screen, input device, memory, and processors, which execute instructions to perform a method structurally similar to that of the ’552 Patent’s claim 1, including steps to:
    • display a "contactor window" with sender, recipient, message, and send elements;
    • receive a selection of a "first contactor identifier";
    • in response, display that selected identifier;
    • based on that receipt, cause a "first subset" of contactees "to be automatically identified";
    • after identification, display the first subset;
    • repeat the process for a "second contactor identifier" to identify and display a second, different subset of contactees.

U.S. Patent No. 10,754,505 - “Apparatuses and Methods for Identifying a Contactee for a Message”

  • Patent Identification: U.S. Patent No. 10,754,505, entitled “Apparatuses and Methods for Identifying a Contactee for a Message,” issued August 25, 2020. (Compl. ¶22).
  • Technology Synopsis: The patent addresses the challenge of selecting recipients from large address books in electronic messaging. The proposed solution is a user interface where selecting a specific sender identity automatically generates and displays a contextually relevant subset of potential recipients, streamlining the composition process. (’505 Patent, Abstract; col. 1:66-col. 2:4).
  • Asserted Claims: The complaint asserts at least claim 1. (Compl. ¶24).
  • Accused Features: The complaint accuses devices running Android 13, including the Google Pixel 6 Pro, of infringement. (Compl. ¶10, ¶24).

U.S. Patent No. 11,086,487 - “Apparatuses and Methods for Identifying a Contactee for a Message”

  • Patent Identification: U.S. Patent No. 11,086,487, entitled “Apparatuses and Methods for Identifying a Contactee for a Message,” issued August 10, 2021. (Compl. ¶27).
  • Technology Synopsis: This patent, from the same family, also aims to simplify recipient selection in messaging applications. It describes a system where the user's choice of a sender identity triggers the automatic identification and presentation of a tailored list of suggested recipients, based on the relationship between the chosen sender and potential recipients. (’487 Patent, Abstract; col. 2:25-45).
  • Asserted Claims: The complaint asserts at least claim 1. (Compl. ¶29).
  • Accused Features: The complaint accuses devices running Android 13, including the Google Pixel 6 Pro, of infringement. (Compl. ¶10, ¶29).

III. The Accused Instrumentality

Product Identification

  • The accused instrumentalities are "devices running Android 13, including Google Pixel/Nexus Devices (e.g., Google Pixel 6 Pro)," collectively referred to as the "Accused Devices." (Compl. ¶10).

Functionality and Market Context

  • The complaint alleges that Google designs, develops, sells, and imports the Accused Devices. (Compl. ¶10). The complaint does not provide sufficient detail for analysis of the specific technical functionality of the accused messaging interfaces. It incorporates by reference claim chart exhibits for each patent, but these exhibits were not filed with the complaint. (Compl. ¶14, ¶19, ¶24, ¶29). No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

The complaint references claim chart exhibits that are not provided; therefore, the infringement allegations are summarized in prose.

The complaint alleges that Google's Accused Devices directly infringe at least claim 1 of the ’552 and ’249 Patents. (Compl. ¶14, ¶19). The narrative theory of infringement suggests that the messaging applications on these devices contain a user interface that, when a user selects a sender account, automatically identifies and displays a suggested list of recipients, thereby practicing the patented methods.

Identified Points of Contention

  • Scope Questions: The claims recite an "apparatus" performing a series of steps within a single "contactor window." A potential question is whether the architecture of the accused Android 13 messaging applications, which may involve different views, services, or application programming interfaces, constitutes the single "apparatus" and "window" structure required by the claims.
  • Technical Questions: A central technical question will be whether the accused recipient-suggestion feature operates "based on the selected... contactor identifier" as claimed. What evidence does the complaint provide that the selection of the sender is the basis for the automatic identification of the recipient subset, as opposed to other factors like general communication frequency, machine learning models, or recency of contact, which may not be covered by the claim language?

V. Key Claim Terms for Construction

  • The Term: "automatically identified, based on the selected first contactor identifier"

  • Context and Importance: This phrase is the functional core of the asserted independent claims. Its construction will be critical for determining infringement. The dispute will likely focus on the required causal connection between selecting the sender and identifying the recipients. Practitioners may focus on this term because Google's suggestion algorithms may use complex inputs beyond just the sender's identity, and whether those algorithms meet the "based on" limitation will be a central point of contention.

  • Intrinsic Evidence for Interpretation:

    • Evidence for a Broader Interpretation: The specification discusses locating a contactee using a "contactor alias" to access an associated contact list, which could support an interpretation where the contactor identifier is a necessary input, even if other factors are also considered by the system. (’552 Patent, col. 4:44-56).
    • Evidence for a Narrower Interpretation: The patent’s primary example describes a "Dad" alias that identifies a contact list of the contactor's children, implying a pre-defined and direct relationship. (’552 Patent, col. 18:4-8). This may support a narrower construction where the sender identity must be the primary or sole factor in identifying the recipient subset.

  • The Term: "contactor window"

  • Context and Importance: This term defines the claimed user interface structure. The claims require the sender, recipient, message, and send elements to be part of this "window." The definition of "window" will determine whether Google's potentially layered or multi-screen interface infringes.

  • Intrinsic Evidence for Interpretation:

    • Evidence for a Broader Interpretation: The term is not explicitly defined in the specification, which could support giving it a broad, plain and ordinary meaning that encompasses a single, coherent user flow within an application, even if it spans multiple views.
    • Evidence for a Narrower Interpretation: The patent’s only visual depiction of this element, Figure 6, shows a single, monolithic screen containing all the required UI elements together. (’552 Patent, Fig. 6). This may support a narrower construction limited to a single, integrated interface view.

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

  • A core issue will be one of causality in operation: does the recipient-suggestion algorithm in Google's Android 13 "automatically identif[y]" a subset of recipients based on the selected sender identity as claimed, or does it rely on other primary factors (such as global communication frequency or machine learning models) that may place its functionality outside the claim's scope?
  • A key dispute will also be one of structural scope: can the term "contactor window," which the patent illustrates as a single, integrated screen, be construed to read on the potentially multi-view or layered interface of Google's modern messaging applications?