DCT

6:24-cv-00188

Intellectual Ventures II LLC v. Tesla Inc

Log In

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 6:24-cv-00188, W.D. Tex., 04/12/2024
  • Venue Allegations: Venue is alleged to be proper in the Western District of Texas because Defendant Tesla maintains its principal place of business in Austin, Texas, and has allegedly committed acts of patent infringement within the district through the manufacture, sale, and use of the accused products.
  • Core Dispute: Plaintiff alleges that Defendant’s automotive vehicles and their associated connectivity and driver-assistance features infringe twelve U.S. patents related to a range of technologies, including wireless communications, power control, camera systems, and automated vehicle guidance.
  • Technical Context: The technologies at issue relate to in-vehicle wireless connectivity and sensor-based advanced driver-assistance systems (ADAS), which are central features in modern electric vehicles and a significant area of market competition and innovation.
  • Key Procedural History: The complaint notes that two of the patents-in-suit, U.S. Patent Nos. 10,292,138 and 9,232,158, are also being asserted in a related case against Volvo Car Corporation in the same court. A Markman hearing to construe the claims of those patents in the related case is reportedly scheduled for May 24, 2024, which may provide an early indication of how key terms relevant to the present case could be interpreted.

Case Timeline

Date Event
1991-12-18 Priority Date for U.S. Patent No. 6,894,639
2000-05-25 Priority Date for U.S. Patent No. 7,181,743
2004-08-12 Priority Date for U.S. Patent Nos. 9,706,500 & 10,952,153
2004-08-25 Priority Date for U.S. Patent Nos. 7,916,180 & 9,232,158
2005-04-07 Priority Date for U.S. Patent No. 8,898,395
2005-06-16 Priority Date for U.S. Patent No. 7,336,805
2006-05-08 Priority Date for U.S. Patent No. 10,292,138
2006-12-27 Priority Date for U.S. Patent No. 11,664,889
2007-09-27 Priority Date for U.S. Patent No. 10,136,416
2012-01-20 Priority Date for U.S. Patent No. 11,206,670
2020-08-07 Plaintiff alleges Defendant received notice of ’805 & ’639 Patents
2021-12-01 Defendant Tesla officially moved its headquarters to Austin, Texas
2024-04-11 Plaintiff alleges Defendant received notice of ten other patents-in-suit
2024-04-12 Complaint Filed

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

U.S. Patent No. 7,336,805 - "Docking Assistant"

  • Issued: February 26, 2008

The Invention Explained

  • Problem Addressed: The patent addresses the challenge of assisting a vehicle operator in maneuvering to a specific location, such as a parking bay or loading platform, particularly when the destination is not marked with a specific, pre-defined visual signature (U.S. Patent No. 7,336,805, col. 2:5-12).
  • The Patented Solution: The invention proposes a method using an imaging sensor to capture data of the vehicle's surroundings. The system then processes this data to detect potential destinations by identifying their geometric forms (e.g., rectangles) rather than relying on special markers. It analyzes these geometric objects for plausibility and computes an optimized travel path to at least the most proximate destination ('805 Patent, Abstract; col. 2:21-49).
  • Technical Importance: This approach suggests a more flexible and robust vehicle guidance system capable of operating in varied environments where specific markers may be absent, soiled, or worn ('805 Patent, col. 2:6-12).

Key Claims at a Glance

  • The complaint refers to "Exemplary '805 Patent Claims" contained in an unattached exhibit, without specifying claim numbers (Compl. ¶48, 55). Independent claim 1 is analyzed here as a representative claim.
  • Essential elements of claim 1 include:
    • Acquiring image data from a surrounding field of a motor vehicle.
    • Extracting positional parameters of at least one potential destination, which includes performing edge detection and segmentation, analyzing for a geometric object, using a matching algorithm for plausibility, and performing an acceptance analysis.
    • Storing the accepted object corresponding to a most proximate destination.
    • Calculating a trajectory describing an optimized travel path.
    • Assisting subsequent vehicle guidance.
  • The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 9,706,500 - "Power Control in a Wireless Network"

  • Issued: July 11, 2017

The Invention Explained

  • Problem Addressed: The patent describes the difficulty in wireless communication systems of balancing responsiveness to both rapid channel fading (path loss) and slower changes in signal interference when controlling the uplink transmit power of a mobile device (’500 Patent, col. 1:49-62).
  • The Patented Solution: The invention discloses a hybrid power control method. A network entity determines a target signal-to-noise-plus-interference ratio (SNIR). A remote transceiver (e.g., a mobile device) then calculates its transmit power level based on two factors: the path loss, determined from a received beacon signal (an open-loop component), and a transmit power control (TPC) command also received from the network (a closed-loop component) ('500 Patent, Abstract; col. 2:5-18).
  • Technical Importance: This combined approach aims to create a more efficient and reliable power control mechanism, which can improve connection quality and conserve battery life in mobile devices by adapting more effectively to changing radio conditions ('500 Patent, col. 2:52-67).

Key Claims at a Glance

  • The complaint refers to "Exemplary '500 Patent Claims" contained in an unattached exhibit, without specifying claim numbers (Compl. ¶87, 94). Independent claim 1 is analyzed here as a representative claim.
  • Essential elements of claim 1 include:
    • A network device selecting a value of a multi-level TPC command.
    • Transmitting, on a single physical channel, an allocation of an uplink resource and the multi-level TPC command.
    • Receiving an uplink signal on the allocated resource based on the transmitted allocation and TPC command.
  • The complaint does not explicitly reserve the right to assert dependent claims.

Multi-Patent Capsules

  • Patent Identification: U.S. Patent No. 10,292,138, “Determining Buffer Occupancy and Selecting Data for Transmission on a Radio Bearer,” issued May 14, 2019.

  • Technology Synopsis: This patent relates to methods for managing data transmission in a wireless communication system. It describes a user equipment (UE) determining the amount of data in one or more radio bearer buffers and selecting data for uplink transmission based on a received resource allocation (U.S. Patent No. 10,292,138, Abstract).

  • Asserted Claims: The complaint does not specify which claims are asserted, referring to "Exemplary ’138 Patent Claims" in an unattached exhibit (Compl. ¶100, 107).

  • Accused Features: The accused features are the wireless communication systems in Tesla vehicles that manage uplink data transmission over cellular networks (Compl. ¶100).

  • Patent Identification: U.S. Patent No. 10,952,153, “Power Control in a Wireless Network,” issued March 16, 2021.

  • Technology Synopsis: This patent is related to the '500 Patent and describes a power control method where a network device transmits a multi-level TPC command on a single channel along with an uplink resource allocation to a user device (U.S. Patent No. 10,952,153, Abstract).

  • Asserted Claims: The complaint does not specify which claims are asserted, referring to "Exemplary ’153 Patent Claims" in an unattached exhibit (Compl. ¶113, 120).

  • Accused Features: The accused features are the wireless communication systems in Tesla vehicles that perform power control over cellular networks (Compl. ¶113).

  • Patent Identification: U.S. Patent No. 8,898,395, “Memory Management for Cache Consistency,” issued November 25, 2014.

  • Technology Synopsis: This patent describes a method for maintaining cache consistency in a computer system where a group of instructions can include multiple memory operations. An indicator is used to track when a cache line has been accessed by an instruction group to manage conflicts with external agents (U.S. Patent No. 8,898,395, Abstract).

  • Asserted Claims: The complaint does not specify which claims are asserted, referring to "Exemplary ’395 Patent Claims" in an unattached exhibit (Compl. ¶126, 133).

  • Accused Features: The accused features are the processing units within Tesla vehicles, such as those used for Autopilot and infotainment systems, that manage memory and cache (Compl. ¶126).

  • Patent Identification: U.S. Patent No. 10,136,416, “Communicating on a Shared Channel in a Wireless Network,” issued November 20, 2018.

  • Technology Synopsis: This patent relates to efficiently managing resources in a wireless network. It describes a user equipment receiving broadcast information with bits that indicate time intervals when shared channel resources are being used, allowing the UE to monitor for its own signaling information (U.S. Patent No. 10,136,416, Abstract).

  • Asserted Claims: The complaint does not specify which claims are asserted, referring to "Exemplary ’416 Patent Claims" in an unattached exhibit (Compl. ¶139, 146).

  • Accused Features: The accused features are the wireless communication systems in Tesla vehicles that communicate over shared channels in a cellular network (Compl. ¶139).

  • Patent Identification: U.S. Patent No. 7,916,180, “Simultaneous Multiple Field of View Digital Cameras,” issued March 29, 2011.

  • Technology Synopsis: This patent describes a digital camera system with multiple channels, each having a different field of view, that can simultaneously acquire image data. The system can independently control data acquisition in each channel and combine the data to form a high-resolution image (U.S. Patent No. 7,916,180, Abstract).

  • Asserted Claims: The complaint does not specify which claims are asserted, referring to "Example ’180 Patent Claims" in an unattached exhibit (Compl. ¶152, 159).

  • Accused Features: The accused features are the multi-camera systems used in Tesla vehicles for features like Autopilot (Compl. ¶152).

  • Patent Identification: U.S. Patent No. 9,232,158, “Large Dynamic Range Cameras,” issued January 5, 2016.

  • Technology Synopsis: This patent describes a digital camera with a plurality of channels and a processing component. The system separately controls the integration time of each channel to capture images with a large dynamic range, combining the data to generate a final image (U.S. Patent No. 9,232,158, Abstract).

  • Asserted Claims: The complaint does not specify which claims are asserted, referring to "Example ’158 Patent Claims" in an unattached exhibit (Compl. ¶165, 172).

  • Accused Features: The accused features are the camera systems in Tesla vehicles that operate under varying light conditions for Autopilot and other vision-based features (Compl. ¶165).

  • Patent Identification: U.S. Patent No. 7,181,743, “Resource Allocation Decision Function for Resource Management Architecture and Corresponding Programs Therefor,” issued February 20, 2007.

  • Technology Synopsis: This patent describes a resource manager for a distributed computing environment. It generates signals to start, stop, or move copies of a scalable application on various hosts based on performance information of the application copies and the hosts themselves (U.S. Patent No. 7,181,743, Abstract).

  • Asserted Claims: The complaint does not specify which claims are asserted, referring to "Example ’743 Patent Claims" in an unattached exhibit (Compl. ¶178, 185).

  • Accused Features: The accused features are the onboard computing systems in Tesla vehicles that manage software processes for features like Autopilot and infotainment (Compl. ¶178).

  • Patent Identification: U.S. Patent No. 6,894,639, “Generalized Hebbian Learning for Principal Component Analysis and Automatic Target Recognition, Systems and Method,” issued May 17, 2005.

  • Technology Synopsis: This patent describes a method for distinguishing targets from background clutter in data, such as images. The method uses data statistics to select and extract target-specific feature information to aid in classification and recognition (U.S. Patent No. 6,894,639, Abstract).

  • Asserted Claims: The complaint does not specify which claims are asserted, referring to "Example '639 Patent Claims" in an unattached exhibit (Compl. ¶190, 197).

  • Accused Features: The accused features are the vision processing systems in Tesla vehicles used for Autopilot, which must distinguish objects like other cars, pedestrians, and lane lines from background clutter (Compl. ¶190).

  • Patent Identification: U.S. Patent No. 11,206,670, “Communication in a Wireless Network Using Restricted Bandwidths,” issued December 21, 2021.

  • Technology Synopsis: This patent describes a system for communication in a wireless network where a base station can communicate with some devices using a full-bandwidth host carrier and with other (e.g., lower-capability) devices using a narrower, subordinate carrier located within the host carrier's frequency band (U.S. Patent No. 11,206,670, Abstract).

  • Asserted Claims: The complaint does not specify which claims are asserted, referring to "Example ’670 Patent Claims" in an unattached exhibit (Compl. ¶61, 68).

  • Accused Features: The accused features are the wireless communication systems in Tesla vehicles that communicate over modern cellular networks which may employ such bandwidth management techniques (Compl. ¶61).

  • Patent Identification: U.S. Patent No. 11,664,889, “Communications in a Wireless Network,” issued May 30, 2023.

  • Technology Synopsis: This patent describes a method for a user equipment (UE) to receive a control message with power control bits for multiple UEs in a first time slot. The UE extracts its own power control information and transmits a signal in a second time slot at a power level based on that information (U.S. Patent No. 11,664,889, Abstract).

  • Asserted Claims: The complaint does not specify which claims are asserted, referring to "Example ’889 Patent Claims" in an unattached exhibit (Compl. ¶74, 81).

  • Accused Features: The accused features are the wireless communication systems in Tesla vehicles that receive and respond to power control commands from a cellular network (Compl. ¶74).

III. The Accused Instrumentality

Product Identification

  • The complaint identifies the "Accused Products" as Tesla's automotive vehicles and their components (Compl. ¶6). This includes models such as the Model Y and Cybertruck (Compl. ¶12).

Functionality and Market Context

  • The complaint focuses on two main categories of accused functionality:
    • Connectivity and Infotainment: Tesla vehicles are equipped with "Standard Connectivity" and "Premium Connectivity" packages that enable wireless communications over Wi-Fi, cellular, and Bluetooth networks. These systems support features such as maps, navigation, music streaming, and communication with the Tesla Mobile App for remote vehicle control (Compl. ¶21, Ex. 1, Ex. 2).
    • Advanced Driver-Assistance Systems (ADAS): Tesla markets features under the names Autopilot, Enhanced Autopilot, and Full Self-Driving Capability. These systems are described as enhancing safety and convenience by performing tasks such as matching speed to traffic, steering within a lane, automatic lane changes, parking, and vehicle summoning (Compl. ¶22, Ex. 3). The functionality is enabled by multiple external cameras and "powerful vision processing" built on a "deep neural network" to sense the environment around the vehicle (Compl. Ex. 6, p. 14). A diagram provided in the complaint shows the placement of cameras and sensors on a Tesla Model 3, including cameras mounted above the rear license plate, in door pillars, on front fenders, and in the windshield, which are used to monitor the surrounding roadway (Compl. Ex. 4, p. 13).

IV. Analysis of Infringement Allegations

The complaint incorporates by reference external exhibits containing claim charts that map patent claims to the accused products (e.g., Compl. ¶55, ¶94). As these exhibits were not filed with the complaint, the detailed element-by-element infringement theory is not available for analysis. The following summarizes the narrative infringement theory presented in the body of the complaint.

U.S. Patent No. 7,336,805 Infringement Allegations

The complaint alleges that Tesla’s Autopilot features, such as "Autopark" and "Summon," infringe the '805 Patent (Compl. ¶22, 48, Ex. 3). The narrative theory suggests that these features, which use the vehicle's camera and sensor suite to identify suitable parking spaces or navigate to a user's location, practice the claimed method of identifying a destination based on its geometric properties and computing a path to it (Compl. ¶48, 55). The complaint provides a diagram of a Tesla vehicle's sensor layout as evidence of the hardware used for these functions (Compl. Ex. 4, p. 13).

U.S. Patent No. 9,706,500 Infringement Allegations

The complaint alleges that Tesla's vehicles, through their "Standard Connectivity" and "Premium Connectivity" features utilizing cellular communication, infringe the '500 Patent (Compl. ¶21, 87). The infringement theory is that the wireless modems in these vehicles must necessarily perform uplink power control to communicate with cellular networks. This functionality is alleged to practice the patent's claimed methods for power control in a wireless network, which involve a combination of open-loop and closed-loop techniques (Compl. ¶87, 94).

Identified Points of Contention

  • Scope Questions: A potential issue for the '805 Patent is whether the term "docking assistant," as used in the patent's title and specification, limits the claims to commercial docking scenarios, or if it can be construed more broadly to cover consumer-oriented automated parking features. For the '500 Patent, a question may arise as to whether its claims cover the specific power control algorithms mandated by cellular standards (e.g., LTE) or claim a distinct, non-standard method.
  • Technical Questions: A key evidentiary question for the '805 Patent is what evidence the complaint provides that Tesla's neural-network-based vision system performs the specific multi-stage process of geometric object detection, plausibility matching, and acceptance analysis required by the claims. For the '500 Patent, a question is what evidence shows that Tesla's vehicles perform the specific claimed step of calculating transmit power based on both a received TPC command and a path loss estimation, as opposed to using these inputs in a different manner prescribed by a cellular standard.

V. Key Claim Terms for Construction

For U.S. Patent No. 7,336,805:

  • The Term: “potential destination”
  • Context and Importance: The definition of this term is critical for determining if the patent's scope extends beyond the commercial loading docks explicitly discussed to include general-purpose parking spaces, which are the primary targets for the accused Autopark and Summon features. Practitioners may focus on this term because its construction will likely define the breadth of the invention.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: Claim 1 refers broadly to a "motor vehicle" and a "potential destination," without limiting these terms to a specific commercial context (U.S. Patent No. 7,336,805, col. 7:1-col. 8:21).
    • Evidence for a Narrower Interpretation: The patent is titled "Docking Assistant," and the detailed description repeatedly uses the example of a truck approaching a "loading platform" or "docking station" at a "warehouse" (U.S. Patent No. 7,336,805, col. 3:40-45).

For U.S. Patent No. 9,706,500:

  • The Term: “multi-level transmit power control (TPC) command”
  • Context and Importance: The construction of this term will be central to determining whether the patent reads on standard cellular communication protocols. If "multi-level" is construed to mean more than a simple binary up/down command, it could distinguish the claimed invention from certain standard implementations.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The claims do not specify the number of levels or the format of the command, which may support an interpretation that covers any non-binary TPC instruction (U.S. Patent No. 9,706,500, Claim 1).
    • Evidence for a Narrower Interpretation: The specification contrasts the invention with "binary feedback" and describes adjusting power by a "predetermined step dB amount," which might suggest a more specific structure for the multi-level command beyond simple binary instructions (U.S. Patent No. 9,706,500, col. 7:12-20).

VI. Other Allegations

Indirect Infringement

  • The complaint alleges both induced and contributory infringement for all asserted patents. Inducement is based on allegations that Tesla advertises, promotes, and provides instructions (e.g., user manuals) that encourage customers to use the accused features in an infringing manner (Compl. ¶51, 64). Contributory infringement is based on allegations that Tesla provides software and technologies that are especially adapted for infringement and have no substantial non-infringing use (Compl. ¶53, 66).

Willful Infringement

  • Willfulness is alleged for all twelve patents. The complaint claims that Tesla had actual knowledge of the '805 and '639 patents no later than August 7, 2020, via a letter. For the remaining ten patents, it alleges actual knowledge no later than April 11, 2024, one day prior to the filing of the complaint, also via a letter (Compl. ¶50, 63, 76, 89, 102, 115, 128, 141, 154, 167, 180, 192).

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

  • A core issue will be one of technical evidence: Given the complaint’s reliance on unattached claim charts, a central question will be what discovery reveals about the actual operation of Tesla’s complex systems. Does the proprietary software in Autopilot and the standardized chipsets for cellular connectivity implement the specific, and in some cases unconventional, methods recited in the asserted claims, or is there a fundamental mismatch in technical operation?
  • A key legal question will be one of claim scope and context: Can patent claims with language and examples rooted in specific technical contexts (e.g., a commercial "docking assistant," specific hybrid power control loops) be construed broadly enough to encompass the general-purpose, mass-market features implemented in Tesla’s consumer vehicles?
  • An early question may focus on plausibility and notice: For ten of the twelve patents, the allegation of pre-suit knowledge rests on a notice letter dated one day before the complaint was filed. This may raise questions for the court regarding the sufficiency of this notice to plausibly support claims for pre-suit indirect infringement and willfulness.