DCT
6:24-cv-00304
Allani v. Apple Inc
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Ferid Allani (France)
- Defendant: Apple, Inc. (California)
- Plaintiff’s Counsel: Hudnell Law Group P.C.
- Case Identification: 6:24-cv-00304, W.D. Tex., 06/03/2024
- Venue Allegations: Venue is based on Defendant Apple's regular and established places of business within the Western District of Texas, including corporate offices, numerous retail stores, and a large campus in Austin, where accused products are allegedly sold.
- Core Dispute: Plaintiff alleges that Defendant’s mobile devices and operating systems, including the iPhone and iOS, infringe patents related to a graphical user interface that uses a tree-menu structure of icons to simplify access to web-based resources.
- Technical Context: The technology addresses methods for organizing and accessing internet services on electronic devices, a foundational element of the user experience on modern smartphones and tablets.
- Key Procedural History: The complaint notes prior litigation initiated in 2019 in France between the parties over a related French patent, which resulted in a French court invalidating the asserted French claims. Plaintiff has appealed that decision. The complaint also details alleged pre-suit communications, including a 2012 letter and a 2013 meeting, where Plaintiff allegedly notified Apple of the '877 patent.
Case Timeline
| Date | Event |
|---|---|
| 1999-12-30 | Earliest Priority Date for '877 and '058 Patents |
| 2007-06-29 | First-generation iPhone Release Date |
| 2010-04-03 | First-generation iPad Release Date |
| 2012-09-18 | '877 Patent Issue Date |
| 2012-11-02 | Plaintiff allegedly sent letter to Apple notifying it of the '877 Patent |
| 2013-06-27 | Plaintiff allegedly met with Apple representatives regarding the '877 Patent |
| 2019-12-27 | Plaintiff initiated litigation against Apple in France |
| 2021-03-09 | '058 Patent Issue Date |
| 2023-01-19 | Paris Judicial Court invalidated claims of related French patent |
| 2024-06-03 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,271,877 - “Method and Device for Accessing Information Sources and Services on the Web” (Issued Sep. 18, 2012)
The Invention Explained
- Problem Addressed: The patent’s background section describes the difficulty and frustration users faced with early internet navigation, which involved complex search engines that returned vast numbers of irrelevant results, leading to searches that were "long, tedious, and uncertain" ('877 Patent, col. 1:41-44; Compl. ¶¶ 23-25).
- The Patented Solution: The invention proposes a system to simplify web access by using locally stored "selection pages" organized in a "tree menu structure." These pages contain two types of icons: "direct access icons" that, when selected, cause the device to connect to a specific, pre-determined web resource, and "selection icons" that navigate to another local selection page, allowing a user to drill down through categories ('877 Patent, col. 2:9-26). This allows preliminary navigation to occur locally on the device before transmitting a single, targeted web address over the network (Compl. ¶29).
- Technical Importance: The described method aimed to make web navigation faster and more user-friendly, particularly for novice users or on devices with limited displays, by reducing reliance on manual URL entry and complex search queries (Compl. ¶29).
Key Claims at a Glance
- The complaint asserts at least independent claim 12 (Compl. ¶49).
- Independent Claim 12 requires:
- A device comprising a mobile communication device, data storage, a display, and selection means.
- The storage contains a plurality of "selection pages" organized in a "tree menu."
- Each selection page includes "direct access icons" (for accessing a web site) and "selection icons" (for accessing another local selection page).
- At least one selection page must have two or more direct access icons.
- The device is programmed to enable a "preliminary search" performed locally by navigating these pages and, in response to selecting a "direct access icon," to emit the address of a corresponding web site.
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 10,943,058 - “Method and Device for Accessing Sources and Services on the Web” (Issued Mar. 9, 2021)
The Invention Explained
- Problem Addressed: The patent identifies the same problem as its parent: early Web navigation was characterized by "long, tedious, and uncertain" searches that could "dissuade" users, and generalist portals did not provide sufficiently "quick and easy access" ('058 Patent, col. 1:33-49; Compl. ¶¶ 23-25).
- The Patented Solution: The '058 Patent, a divisional of the '877 patent family, describes the same solution of using locally stored selection pages in a hierarchical tree structure. The system allows a user to perform a "preliminary search" locally by navigating through pages containing "selection icons" and "direct access icons" before the device connects to the internet to retrieve a targeted resource ('058 Patent, col. 2:15-34; Compl. ¶29).
- Technical Importance: This interface was designed to enhance the accessibility of internet resources from a mobile device by making the process "quicker and easier" than conventional methods (Compl. ¶30).
Key Claims at a Glance
- The complaint asserts at least independent claim 27 (Compl. ¶63).
- Independent Claim 27 requires a method of:
- Performing a "preliminary search" locally on a mobile device by navigating "successively displayed selection pages" that are organized in a "tree menu structure."
- The structure includes a first, second, and third selection page, where the first and second pages contain a "selection icon" to access the next page.
- The third selection page contains one or more "direct access icons."
- In response to selecting a direct access icon, "emitting on the communication network" an "address of an information- or service-providing web site."
- The method also requires that at least one selection page has an icon for accessing a search engine and that the device is a mobile phone.
- The complaint does not explicitly reserve the right to assert dependent claims.
III. The Accused Instrumentality
Product Identification
The complaint names the "Accused Apple Devices" and "Accused Apple Software" (collectively, the "Accused Instrumentalities") (Compl. ¶47). This includes generations of the iPhone, iPad, Apple Watch, and iPod Touch, as well as the iOS operating system and applications available from the App Store (Compl. ¶¶ 40, 43).
Functionality and Market Context
The complaint alleges that the user interface of the Accused Instrumentalities, which is built around a multi-touch screen, allows users to select and launch applications via "on-screen icons" (Compl. ¶¶ 41, 42). The infringement theory appears to map the iOS home screen to a "selection page," application icons to "direct access icons," and folders used to group applications as "selection icons" that lead to subsequent "selection pages" (the folder's content view), thereby creating the claimed "tree menu structure" (Compl. ¶¶ 31, 33).
IV. Analysis of Infringement Allegations
The complaint alleges infringement "as detailed in Exhibit 3" for the '877 Patent and "Exhibit 4" for the '058 Patent; however, these exhibits were not attached to the publicly filed complaint (Compl. ¶¶ 50, 64). No probative visual evidence provided in complaint. Based on the narrative allegations, the infringement theory for each patent is summarized in the tables below.
’877 Patent Infringement Allegations
| Claim Element (from Independent Claim 12) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A device for accessing information- or service- providing web sites, comprising a mobile communication device... | The Accused Apple Devices, such as the iPhone and iPad, which are mobile communication devices. | ¶40 | col. 6:3-11 |
| said storage device or devices containing a plurality of selection pages each comprising a set of icons... | The internal storage of the Accused Devices, which contains the iOS home screens and folder screens, alleged to be "selection pages" with icons. | ¶31, ¶41-43 | col. 3:10-15 |
| for each said selection page, the set of icons includes one or more direct access icons for directly accessing an information- or service-providing web site and one or more selection icons for locally accessing another selection page within a structure of a tree menu... | The iOS home screen, which contains app icons (alleged "direct access icons") and folders (alleged "selection icons"). Selecting a folder opens another screen of icons locally. | ¶31, ¶33 | col. 2:15-20 |
| wherein at least one of said selection pages comprises two or more direct access icons... | The iOS home screen and folder screens, which display multiple application icons. | ¶31 | col. 7:35-37 |
| enabling a preliminary search locally performed within said communication device in different themes and sub-themes within a plurality of selection pages organized in said structure of tree menu... | A user navigates the home screen and opens folders locally on the device to find a desired application before launching it. | ¶29 | col. 6:21-25 |
| emitting on the communication network, in response to selecting a direct access icon... an address of an information- or service-providing web site... | Upon tapping an application icon, the device executes code that connects to a remote server or service associated with that application. | ¶44, ¶46 | col. 6:1-6 |
’058 Patent Infringement Allegations
| Claim Element (from Independent Claim 27) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A method for accessing... Web sites, from a mobile communication device... comprising: a preliminary search for information or service, locally performed... within a plurality of successively displayed selection pages... | A user operates an Accused Apple Device by swiping between home screens and tapping on folders to navigate to a desired application, all locally on the device. | ¶29, ¶33 | col. 8:27-33 |
| said selection pages further comprising a first selection page, a second selection page and a third selection page... first selection page being specifically designed to include a selection icon for locally accessing said second selection page... | The hierarchical structure of the iOS interface, where the home screen ("first page") can contain a folder ("selection icon") that opens a new screen ("second page"). | ¶31, ¶33 | col. 8:36-44 |
| said third selection page being specifically designed to include one or more direct access icons for directly accessing an information- or service-providing Web site... | A folder view, or the home screen itself, contains application icons (the alleged "direct access icons"). | ¶31 | col. 8:44-48 |
| emitting on the communication network, in response to a selection of a direct access icon... an address of an information- or service-providing web site... | Tapping an app icon causes the device to initiate a network connection with the service corresponding to that application. | ¶44, ¶46 | col. 8:49-57 |
| at least one of said selection pages further being specifically designed to include one or more icons for directly accessing a search engine on the Web... | The iOS home screen includes an icon for the Safari web browser or other third-party browsers, which access search engines. | ¶43 | col. 7:59-62 |
- Identified Points of Contention:
- Scope Questions: A central dispute may be whether the patent term "selection page," as described in the specification in the context of curated menus, can be read to cover the user-configurable application grid of the iOS home screen. Similarly, it raises the question of whether an "app icon" is equivalent to a "direct access icon" for a "Web site," and whether a "folder" is a "selection icon" as contemplated by the patent.
- Technical Questions: The infringement theory suggests that navigating the iOS home screen is a "preliminary search" and that launching an application constitutes "emitting... an address." The court may need to determine if the technical process of an application initiating its own varied network protocols is the same as the patent's disclosure of emitting a specific web address (URL) to a server.
V. Key Claim Terms for Construction
The Term: "selection page"
- Context and Importance: This term is foundational to the infringement case. Plaintiff's theory requires this term to encompass the iOS home screen and folder views. The viability of the case may depend heavily on its construction.
- Intrinsic Evidence for a Broader Interpretation: The claims describe it as a page with a "set of icons" used for selection, a general description that could arguably fit a modern home screen ('877 Patent, cl. 12).
- Intrinsic Evidence for a Narrower Interpretation: The specification repeatedly links these pages to "themes and sub-themes" (e.g., "SPORT," "COLLECTIVE SPORTS") arranged in a specific "tree structure" that guides the user, which may suggest a more structured, curated menu rather than a user-customizable app grid ('877 Patent, col. 4:4-14, Fig. 2).
The Term: "direct access icon"
- Context and Importance: Plaintiff must construe this term to cover an application icon on an iPhone. Its definition will determine whether launching a self-contained application is the same as the "direct access" described in the patent.
- Intrinsic Evidence for a Broader Interpretation: The claims state it is for "directly accessing an information- or service-providing web site," which could be argued to include modern app-based services ('877 Patent, cl. 12).
- Intrinsic Evidence for a Narrower Interpretation: The specification describes the activation of this icon as causing the generation and emission of "the complete address of the welcome page for this site" (e.g., a URL like
http://site.com/...htm) ('877 Patent, col. 4:52-56). This may suggest a simple hyperlink, which is technically distinct from launching a compiled software application.
VI. Other Allegations
- Indirect Infringement: The complaint alleges that Apple induces infringement by providing the Accused Instrumentalities and encouraging their use through "product manuals, and/or technical information" that instruct customers on how to use the allegedly infringing interface (Compl. ¶¶ 57-58, ¶¶ 69-70). Contributory infringement is also alleged, stating the Accused Instrumentalities are especially made for infringement and are not staple articles of commerce (Compl. ¶¶ 59, 71).
- Willful Infringement: Willfulness is alleged based on Apple's purported pre-suit knowledge of the patents. For the '877 Patent, this knowledge is claimed to date back to at least a November 2, 2012 letter and a June 27, 2013 meeting between the parties (Compl. ¶52). For both patents, knowledge is also alleged based on the ongoing litigation history between the parties in France (Compl. ¶¶ 54, 66).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: Can claim terms like "selection page" and "direct access icon," which are described in the patent in the context of navigating menus of web links, be construed broadly enough to read on the modern, application-centric graphical user interface of iOS, where users launch compiled programs from a customizable grid?
- A key evidentiary question will be one of technical operation: Does the functioning of the accused iOS interface—where a user navigates a self-organized grid of application icons that launch complex programs—match the specific, multi-step method claimed in the patents, which describes navigating a pre-defined, local "tree menu" to generate and emit a single web address?
- A third question concerns the impact of foreign proceedings: While the invalidation of related patent claims by a French court is not binding, it raises the question of what role that decision and its underlying prior art may play in shaping Apple's defensive strategy and the court's view of the technology's landscape at the time of invention.