DCT
6:23-cv-00077
THL Holding Co LLC v. Apple Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: THL Holding Company, LLC (Delaware, headquartered in W.D. Tex.)
- Defendant: Apple, Inc. (California)
- Plaintiff’s Counsel: PARKER, BUNT & AINSWORTH, P.C.
- Case Identification: 6:23-cv-00077, W.D. Tex., 02/09/23
- Venue Allegations: Plaintiff alleges venue is proper because Defendant maintains regular and established places of business in the district, including its second-largest U.S. campus and multiple retail stores. The complaint also alleges that the accused Mac Pro has been manufactured or assembled in Austin, Texas.
- Core Dispute: Plaintiff alleges that Defendant’s product ecosystem featuring the "Find My" application—including iPhones, iPads, Mac Pros, AirPods, and AirTags—infringes three patents related to wireless systems for pairing with and locating remote objects.
- Technical Context: The technology concerns short-range wireless communication systems that enable a primary device, such as a smartphone, to locate tagged personal items, a feature of significant value in the consumer electronics market.
- Key Procedural History: The complaint states that the patents-in-suit all claim priority to a patent application filed in 2010. Plaintiff asserts it developed and commercialized a product named BIKN based on this technology, which operated with the Apple iPhone and for which Plaintiff became an "Apple Authorized Hardware Vendor."
Case Timeline
| Date | Event |
|---|---|
| 2010-02-26 | Patent Priority Date (’381, ’680, ’246 Patents) |
| 2012-01-09 | Plaintiff's BIKN product presented at CES |
| 2014-07-01 | U.S. Patent No. 8,768,381 Issued |
| 2022-03-01 | U.S. Patent No. 11,265,680 Issued |
| 2022-05-31 | U.S. Patent No. 11,350,246 Issued |
| 2023-02-09 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,768,381 - “Wireless device and Methods for use in a paging network”
- Issued: July 1, 2014
The Invention Explained
- Problem Addressed: The patent addresses the "annoying experience" of misplacing personal wireless devices and the desire for features that allow for locating them. (’680 Patent, col. 1:38-44).
- The Patented Solution: The invention describes a system comprising a primary wireless device and at least one remote device. The primary device's graphical user interface (GUI) allows a user to initiate a pairing process and later, to send a location request. In response, a short-range wireless transceiver sends an RF paging signal to the remote device and receives a "location signal" back, which is then used to present a display that visually assists the user in finding the remote object. (’381 Patent, Abstract; ’680 Patent, Fig. 6).
- Technical Importance: The technology provides a framework for using a central computing device, like a smartphone, to manage and locate a network of tagged personal items. (Compl. ¶30).
Key Claims at a Glance
- The complaint asserts at least independent claim 1. (Compl. ¶39).
- Essential elements of claim 1 include:
- A wireless device for locating at least one remote object.
- A graphical user interface that generates a pairing signal in response to a first user indication and generates a first location request signal in response to a second user indication.
- A short-range wireless transceiver that responds to the pairing signal by communicating RF signals to pair with the remote device.
- The transceiver transmits a first RF paging signal to the remote device in response to the location request signal.
- The transceiver receives a location signal from the at least one remote device.
- The graphical user interface presents a display that visually assists the user to locate the at least one remote device.
- The complaint notes that Defendant’s activities also constitute infringement of other claims of the patent. (Compl. ¶48).
U.S. Patent No. 11,265,680 - “Wireless device and Methods for use in a paging network”
- Issued: March 1, 2022
The Invention Explained
- Problem Addressed: The patent addresses the same technical problem of locating misplaced personal items as its parent patent. (’680 Patent, col. 1:38-44).
- The Patented Solution: This invention details a mobile communication device equipped with a plurality of wireless transceivers, a touchscreen, memory, and a processor. The processor is configured to execute instructions that manage user interactions through the touchscreen for pairing with, selecting, and paging a remote device that has a sound emitter. Upon receiving a signal back from the remote device, the processor presents a display on the touchscreen that visually assists the user in determining the remote device's location. (’680 Patent, col. 38:8-42).
- Technical Importance: The claimed solution integrates the object-finding functionality into the core architecture of a modern mobile device, leveraging its touchscreen interface and multiple radio technologies. (Compl. ¶30).
Key Claims at a Glance
- The complaint asserts at least independent claim 10. (Compl. ¶55).
- Essential elements of claim 10 include:
- A mobile communication device with a plurality of wireless transceivers and a touchscreen.
- A processor configured to execute instructions.
- The processor responds to a first user interaction with the touchscreen by pairing with a remote device that includes a sound emitter.
- The processor facilitates, via a second interaction, selection of the remote device.
- The processor responds to a third interaction by transmitting a first paging signal, causing the remote device to generate an audio alert.
- The processor presents a display on the touchscreen, based on a signal received from the remote device, that visually assists a user to determine a location of the device.
- The complaint states that Defendant’s activities also constitute infringement of other claims of the patent. (Compl. ¶67).
U.S. Patent No. 11,350,246 - “Wireless device and methods for use therewith”
- Issued: May 31, 2022
Technology Synopsis
This patent specifies a mobile communication device that uses multiple distinct wireless technologies for locating a remote device. It claims a device comprising Bluetooth, a long-range cellular transceiver, and one or more ultra-wideband (UWB) transceivers. The system uses Bluetooth to transmit an audio alert request and UWB communications to estimate distance (via time-of-flight calculations) and determine direction (via signal delay between multiple antennas), outputting this information to the GUI. (’246 Patent, col. 38:1-24).
Asserted Claims
At least independent claim 1. (Compl. ¶74).
Accused Features
The complaint accuses iPhone models 11, 12, 13, and 14, which include UWB technology, and their "Precision Finding" functionality when used with Apple AirTags. (Compl. ¶¶ 33, 72, 83).
III. The Accused Instrumentality
Product Identification
The accused products are the Apple iPhone, iPad, and Mac Pro, and their designed functionality with remote devices such as Apple AirTags, Apple AirPods, and the Apple Watch (collectively, the "Accused Products"). (Compl. ¶31). The core of the accusation centers on Apple's "Find My" application and ecosystem. (Compl. ¶33).
Functionality and Market Context
- The complaint alleges that Apple’s "Find My" application allows users to pair and track Apple devices. (Compl. ¶33). For devices like AirPods, a user can trigger an audio alert to help locate them. (Compl. ¶60). For devices like AirTags, when used with UWB-equipped iPhones (models 11 and newer), a "Precision Finding" feature provides enhanced location guidance. (Compl. ¶33).
- The "Precision Finding" feature is alleged to display a directional arrow and distance measurement on the iPhone's screen to guide the user to the AirTag's precise location. (Compl. ¶34). An Apple marketing graphic in the complaint describes this feature as leading the user "straight to it" using "Ultra Wideband technology." (Compl. p. 35). This visual shows the interface displaying "20 ft to your right" with a large arrow. (Compl. p. 35).
IV. Analysis of Infringement Allegations
U.S. Patent No. 8,768,381 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a graphical user interface that generates a pairing signal in response to a first indication from a user to pair the wireless device to at least one remote device | The GUI of the Mac Pro's "Find My" app is used to pair with AirPods Pro or Max products. The user selects AirPods in the Devices list to initiate pairing. | ¶42 | col. 38:5-8 |
| and generates a first location request signal in response to a second indication from a user to locate the at least one remote device | The user's selection of the AirPods in the "Find My" app to "Get the location of your AirPods" generates the location request signal. | ¶43 | col. 38:8-12 |
| a short-range wireless transceiver...that responds to the pairing signal...by communicating RF signals to pair the wireless device to the at least one remote device | The Mac Pro's Bluetooth 5.0 transceiver communicates RF signals to pair with the AirPods in response to the user's selection. | ¶42 | col. 38:1-4 |
| and that transmits a first RF paging signal to the at least one remote device in response to the first location request signal | The transceiver transmits an RF signal, such as a "play sound" command, to the AirPods in response to the user's selection in the "Find My" app. | ¶44 | col. 38:12-16 |
| and that receives a location signal from the at least one remote device | The complaint does not specify what distinct "location signal" is received, but alleges the system functions to locate the device. | ¶39 | col. 38:16-18 |
| wherein the graphical user interface presents a display that visually assists the user to locate the at least one remote device | The Mac Pro's "Find My" app displays a map and an icon showing the location of the AirPods, which "appears on the map so you can see where it is." | ¶45 | col. 38:19-22 |
- Identified Points of Contention:
- Scope Questions: A potential issue is whether the Apple Mac Pro, a desktop computer, meets the preamble limitation of a "wireless device for locating at least one remote object," which the patent specification often illustrates as a handheld device.
- Technical Questions: A key question will be what constitutes the "location signal" that the claim requires the transceiver to receive from the remote device. The complaint's allegations focus on the command sent to the device (the paging signal) and the resulting map display, but are less specific about a responsive signal received from the remote device that contains location information. The analysis may depend on whether ongoing Bluetooth presence and signal strength data qualifies as the claimed "location signal."
U.S. Patent No. 11,265,680 Infringement Allegations
| Claim Element (from Independent Claim 10) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| respond to a first user interaction with the touchscreen by pairing...the mobile communication device with at least one remote device, the at least one remote device including a sound emitter | The iPhone responds to a user tapping "Connect" on the touchscreen to pair with AirPods, which contain a sound emitter. A visual in the complaint shows the iPhone pairing interface for AirPods Pro. | ¶59 | col. 39:1-8 |
| facilitates, via a second interaction with the touchscreen, selection of the at least one remote device from a plurality of remote devices | The iPhone's "Find My" app allows a user to select a specific remote device, such as AirPods, from a list of multiple paired devices by tapping on it. | ¶61 | col. 39:9-11 |
| responds to a third interaction with the touchscreen by transmitting... a first paging signal to the at least one remote device, wherein the first paging signal causes the at least one remote device to generate the audio alert | The iPhone responds to a user tapping "Play Sound" on the touchscreen by transmitting a signal that causes the selected AirPods to generate an audio alert. | ¶62 | col. 39:12-17 |
| present a display on the touchscreen, based on a signal received via at least one of the plurality of wireless transceivers from the at least one remote device, wherein the display visually assists a user to determine a location | The iPhone presents a display with an arrow and approximate distance to assist the user in finding the AirPods nearby, which is based on a signal received from the AirPods. | ¶63 | col. 39:18-24 |
- Identified Points of Contention:
- Technical Questions: The infringement theory hinges on the nature of the "signal received...from the at least one remote device" that forms the basis for the visual assistance display. The dispute may focus on whether standard Bluetooth signal strength information is sufficient to meet this limitation, or if a more specific type of location-oriented signal is required by the claim when read in light of the specification. The complaint's evidence regarding the "find your AirPods nearby" feature, which can show a directional arrow, may support the argument that the received signal contains more than simple proximity data. (Compl. p. 26).
V. Key Claim Terms for Construction
For the ’381 Patent
- The Term: "receives a location signal from the at least one remote device"
- Context and Importance: The viability of the infringement allegation against the Mac Pro may depend on this term's construction. The dispute will likely center on whether the continuous signal from an already-paired Bluetooth device (e.g., AirPods) qualifies as a "location signal" that is "received" in response to a "paging signal," or if the claim requires a discrete, responsive transmission containing location-specific data.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes the adjunct device using the received location signal to generate a "visual signal strength indication," suggesting any signal whose strength can be measured to infer proximity could qualify. (’680 Patent, col. 9:55-65).
- Evidence for a Narrower Interpretation: Figure 6 of the related ’680 patent depicts the "Paging signal 112" and the "Location signal 114" as two distinct transmissions, which may suggest the "location signal" is a specific, separate response to the page, not merely an ongoing presence signal. (’680 Patent, Fig. 6).
For the ’680 Patent
- The Term: "present a display on the touchscreen, based on a signal received...from the at least one remote device"
- Context and Importance: This term links the visual aid directly to a signal from the remote device. Practitioners may focus on this term because the technical nature of the signal—and the degree to which the display is "based on" it—will be critical. The question is whether a display showing only proximity (e.g., "Nearby") derived from general signal strength meets the limitation, or if more sophisticated data is required.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim language itself does not specify the content of the signal, only that the resulting display "visually assists a user," which could encompass a simple proximity indicator.
- Evidence for a Narrower Interpretation: The specification extensively discusses using directional antennas to determine a "null direction" to provide directional feedback, which could imply that the "signal received" is intended to be one that enables directional, not just proximity, assistance. (’680 Patent, col. 11:4-12).
VI. Other Allegations
- Indirect Infringement: The complaint alleges induced infringement for all three patents, asserting that if Apple does not perform every claimed step, it directs its customers to do so. (Compl. ¶¶ 47, 65, 85). The basis for inducement includes Apple's distribution of instructions, user manuals, and support materials that allegedly guide end-users to operate the Accused Products in an infringing manner. (Compl. ¶¶ 47, 65, 85).
- Willful Infringement: While the term "willful" is not used, the complaint alleges that Apple acts with "knowledge of the '381 Patent" (Compl. ¶47), "knowledge of the Patents-in-Suit" (Compl. ¶65), and "knowledge of the patents-in-suit" (Compl. ¶85) in its inducement allegations. The prayer for relief seeks enhanced damages pursuant to 35 U.S.C. § 284, which is the statutory basis for willfulness. (Compl. Prayer ¶ D).
VII. Analyst’s Conclusion: Key Questions for the Case
- Definitional Scope: A core issue will be one of definitional scope: can terms drafted in the context of a simple paging system, such as "receives a location signal," be construed to cover the persistent, state-based connectivity of modern Bluetooth and the complex data exchange of Ultra-Wideband systems?
- Technical Equivalence: A central evidentiary question will be one of technical mapping: does the accused "Find My" functionality, particularly the "play sound" feature, perform the specific sequence of transmitting a "paging signal" and receiving a responsive "location signal" as required by the '381 patent, or is there a fundamental mismatch in its technical operation?
- Claim Differentiation: A key legal question will concern claim differentiation across the patent family. The case will likely explore whether the broader, earlier claims of the '381 and '680 patents can be read to cover the UWB "Precision Finding" functionality, or if that technology is only addressed by the specific UWB-focused limitations of the '246 patent, potentially limiting the scope of alleged infringement for the older patents.