DCT
6:24-cv-00433
AGIS Software Development LLC v. Snap Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: AGIS Software Development LLC (Texas)
- Defendant: Snap Inc. (Delaware)
- Plaintiff’s Counsel: The Mort Law Firm, PLLC; Fabricant LLP
- Case Identification: 6:24-cv-00433, W.D. Tex., 08/23/2024
- Venue Allegations: Plaintiff alleges venue is proper because Defendant maintains regular and established places of business within the Western District of Texas, including an office in Austin.
- Core Dispute: Plaintiff alleges that Defendant’s Snapchat application, specifically its group chat and location-sharing features, infringes four patents related to methods for providing ad hoc, password-protected digital and voice networks.
- Technical Context: The asserted patents describe systems for rapidly forming temporary, secure communication groups on mobile devices, enabling members to view each other's locations on a map and communicate, a technology originally envisioned for first responders and military personnel.
- Key Procedural History: The complaint notes that all four patents-in-suit previously underwent ex parte reexamination proceedings at the U.S. Patent and Trademark Office, and that the claims asserted in this litigation were confirmed as valid and patentable.
Case Timeline
| Date | Event |
|---|---|
| 2004-09-21 | Earliest Patent Priority Date for all Patents-in-Suit |
| 2016-09-13 | U.S. Patent No. 9,445,251 Issues |
| 2016-10-11 | U.S. Patent No. 9,467,838 Issues |
| 2017-08-29 | U.S. Patent No. 9,749,829 Issues |
| 2017-11-14 | U.S. Patent No. 9,820,123 Issues |
| 2021-05-27 | ’838 Patent Ex Parte Reexamination Certificate Issued |
| 2021-06-08 | ’251 Patent Ex Parte Reexamination Certificate Issued |
| 2021-08-16 | ’829 Patent Ex Parte Reexamination Certificate Issued |
| 2021-09-24 | ’123 Patent Ex Parte Reexamination Certificate Issued |
| 2024-08-23 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 9,445,251 - Method to Provide Ad Hoc and Password Protected Digital and Voice Networks, issued September 13, 2016.
The Invention Explained
- Problem Addressed: The patent’s background section describes the difficulty that military, first responder, and other emergency groups face in setting up communication networks quickly during a disaster or operation. Different organizations, such as police and fire departments, often cannot communicate with each other, and setting up interoperable networks typically requires pre-entry of user data, which is impractical in an emergency (’251 Patent, col. 1:7-39).
- The Patented Solution: The invention provides a system where users on mobile devices can instantly form a private, temporary (“ad hoc”) network by entering a shared network name and password to connect to a central server. This server then relays location and status information between all authenticated group members, allowing them to see each other on a map and communicate without needing to know each other’s phone numbers or IP addresses beforehand (’251 Patent, Abstract; col. 2:51-65).
- Technical Importance: This server-mediated approach allowed disparate IP-enabled devices (e.g., cellular phones, PDAs) to create a common operating picture, overcoming the hardware and frequency incompatibilities of traditional tactical radio systems (’251 Patent, col. 2:21-49).
Key Claims at a Glance
- The complaint asserts independent claim 24 and reserves the right to assert additional claims (Compl. ¶21).
- Claim 24 recites a system comprising a first device programmed to perform operations, including:
- Receiving a message from a second device relating to joining a group.
- Participating in the group by sending its own location information to a server and receiving location information for a plurality of other devices in the group from the server.
- Presenting a georeferenced map with user-selectable symbols representing the other devices at their respective locations.
- Sending a request to the server for a second, different georeferenced map and receiving it.
- Presenting the second map with the user-selectable symbols.
- Identifying user interaction selecting one or more symbols and, based on an action specified by the user, using an Internet Protocol to send data to the corresponding device(s) via the server, without the first device having direct access to their IP addresses.
U.S. Patent No. 9,467,838 - Method to Provide Ad Hoc and Password Protected Digital and Voice Networks, issued October 11, 2016.
The Invention Explained
- Problem Addressed: Similar to the ’251 Patent, the ’838 Patent addresses the need for emergency and tactical teams to establish interoperable voice and data networks rapidly and without prior configuration (’838 Patent, col. 1:7-49).
- The Patented Solution: The invention describes a system where a device joins a group communication network, exchanges location data with a server to see other group members on a map, and can request and display different map data (e.g., satellite imagery) from a second server. The system facilitates interaction with symbols on the map to communicate with other group members via the first server (’838 Patent, Abstract; col. 2:50-65).
- Technical Importance: The technology provided a framework for mobile devices to not only communicate within a group but also to dynamically pull in different types of geospatial data on demand to enhance situational awareness during an operation (’838 Patent, col. 4:39-44).
Key Claims at a Glance
- The complaint asserts independent claim 54 and reserves the right to assert additional claims (Compl. ¶37).
- Claim 54 recites a system comprising a first device programmed to perform operations, including:
- Joining a communication network for a group by transmitting a message with a group identifier.
- Participating in the group by sending its location to a first server and receiving the locations of other group devices from that server.
- Presenting a first georeferenced map with a first set of user-selectable symbols representing group members.
- Sending a request for a second georeferenced map to a second server and receiving it.
- Presenting the second georeferenced map with a second set of user-selectable symbols.
- Identifying user interaction selecting one or more symbols and specifying an action, and based thereon, sending data to the selected devices via the first server.
U.S. Patent No. 9,820,123 - Method to Provide Ad Hoc and Password Protected Digital and Voice Networks, issued November 14, 2017.
- Technology Synopsis: This patent discloses a system where a device joins a group, exchanges location information with other devices via servers, and displays them as symbols on a georeferenced map (Compl. ¶52). The claims focus on the method of identifying user interaction with the map—specifically, detecting a user's selection of a map coordinate and identifying the nearest user-selectable symbol to that coordinate—to initiate an action with the corresponding device (Compl. ¶52).
- Asserted Claims: Independent claim 23 (Compl. ¶49).
- Accused Features: The complaint alleges infringement by Snapchat's features that allow users to view others on a map, tap on or near a user's symbol (Bitmoji) on the map, and thereby initiate communication or another action with that user (Compl. ¶¶ 52-53).
U.S. Patent No. 9,749,829 - Method to Provide Ad Hoc and Password Protected Digital and Voice Networks, issued August 29, 2017.
- Technology Synopsis: This patent focuses on a system enabling remote control and updated location tracking within a group. A second device joins a group and is authorized to repeatedly share its location. A first device can display the second device's updated location on a map and, by interacting with the display, send a message to a server that remotely controls the first device to perform an action (Compl. ¶66).
- Asserted Claims: Independent claim 34 (Compl. ¶63).
- Accused Features: The complaint accuses Snapchat’s features for forming groups and sharing live, updated location information, where users can view the movement of others on the Snap Map and interact with their symbols to communicate (Compl. ¶¶ 66-67).
III. The Accused Instrumentality
Product Identification
- The Snapchat application (the “Accused Product”) (Compl. ¶17).
Functionality and Market Context
- The complaint alleges the Accused Product contains functionalities that allow users to form and join groups, known as "Group Chats" (Compl. ¶¶ 18, 26). A screenshot from Snapchat's help center describes how users can create group chats with up to 200 friends (Compl. p. 11).
- The core accused functionality is "Snap Map," which allows users to share their real-time or last-active location with friends and view those friends as symbols (Bitmoji avatars) on an interactive map (Compl. ¶¶ 25, 29). A marketing screenshot from the Google Play Store shows the Snap Map interface with avatars positioned on a city map (Compl. p. 16).
- Users can allegedly request and display different map layers, such as satellite imagery, by interacting with the map screen (Compl. ¶30). The system also allows for interaction with the user symbols on the map to initiate communication or view information about another user (Compl. ¶30).
- The complaint alleges that these features are implemented to "improve user experiences and to improve Defendant's position in the market" (Compl. ¶18).
IV. Analysis of Infringement Allegations
’251 Patent Infringement Allegations
| Claim Element (from Independent Claim 24) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a first device programmed to perform operations comprising: receiving a message ... wherein the message relates to joining a group... | The Snapchat application is programmed to receive messages related to forming and joining "Group Chats." | ¶27 | col. 17:59-62 |
| based on receiving the message ... participating in the group ... includes sending first location information to a server and receiving second location information from the server... | After joining a group, users can share their own location and view the locations of other group members on the Snap Map, which involves communication with Snapchat's servers. | ¶28 | col. 18:1-8 |
| presenting, via an interactive display ... a first interactive, georeferenced map and a plurality of user-selectable symbols corresponding to the plurality of second devices... | The Snapchat application presents the interactive Snap Map, which displays friends as user-selectable symbols (Bitmoji) at their corresponding geographic locations. | ¶29 | col. 18:9-18 |
| sending, from the first device to the server, a request for a second georeferenced map different from the first ... and ... receiving ... the second georeferenced map... | The application permits users to request and display additional map data, such as satellite imagery, by moving the map screen or selecting different map types. | ¶30 | col. 18:19-25 |
| identifying user interaction with the interactive display selecting one or more of the user-selectable symbols ... and, based thereon, using an Internet Protocol to send data to the one or more second devices via the server... | The application permits a user to select a symbol on the map, which allows data to be sent to the corresponding user's device via Snapchat's servers. | ¶30 | col. 18:26-38 |
- Identified Points of Contention:
- Scope Questions: A central question may be whether a consumer "Group Chat" on a social media application falls within the scope of a "group" or "ad hoc network" as described in the patent, which emphasizes a tactical or emergency response context. The case may turn on whether the claim terms are interpreted broadly to cover any temporary user-defined collective or are limited by the specification's disclosure.
- Technical Questions: The allegation that moving the map screen constitutes "sending ... a request for a second georeferenced map different from the first" may be a point of dispute. The analysis could focus on whether this action requests a fundamentally different map from a server, as the claim requires, or whether it simply streams additional tiles for the same map that is already being displayed.
’838 Patent Infringement Allegations
| Claim Element (from Independent Claim 54) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| joining a communication network corresponding to a group, wherein joining the communication network comprises transmitting a message including an identifier corresponding to the group... | The Snapchat application allows users to join groups ("Group Chats") by transmitting messages. | ¶41 | col. 1:1-4 |
| participating in the group ... includes sending first location information to a first server and receiving second location information from the first server... | Users participate by sharing their location with Snapchat's servers and receiving the locations of other group members for display on the Snap Map. | ¶42 | col. 1:5-9 |
| presenting ... a first interactive, georeferenced map and a first set of one or more user-selectable symbols... | The application presents the Snap Map with Bitmoji avatars representing other users at their respective locations. | ¶43 | col. 1:10-14 |
| sending, to a second server, a request for second georeferenced map data... receiving...the second georeferenced map data... | Users can request and display additional or different map types, such as satellite views, which involves requesting and receiving new map data from a server. | ¶44 | col. 1:18-20 |
| identifying user interaction with the interactive display selecting one or more of the second set of user-selectable symbols ... and ... sending third data to the selected one or more second devices via the first server. | The application is programmed to permit interaction with a symbol on the map to send data to the corresponding device through Snapchat's servers. | ¶44 | col. 1:24-28 |
- Identified Points of Contention:
- Scope Questions: As with the ’251 patent, the interpretation of "group" and "communication network" will be critical. The defendant may argue that the patent’s focus on command-and-control functionality for first responders limits the claim scope in a way that excludes Snapchat’s social features.
- Technical Questions: This claim recites sending a request to a "second server" for map data. A factual question will be whether Snapchat's architecture uses distinct servers for location/user data versus map data in the manner claimed, or if these functions are handled differently.
V. Key Claim Terms for Construction
The Term: "group" / "ad hoc network"
- Context and Importance: This term is foundational to infringement. The patents’ specifications are heavily oriented toward military and first-responder scenarios, describing "ad hoc networks" for coordinating emergency activities. The infringement case depends on this term being construed broadly enough to read on Snapchat’s "Group Chats" and friend lists used for location sharing.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claims themselves use the general term "group" without express limitation to tactical or emergency use ('251 Patent, claim 24; '838 Patent, claim 54).
- Evidence for a Narrower Interpretation: The specification repeatedly describes the invention's utility for "Military, first responder, and other public and private emergency groups" and for coordinating organizations "at the scene of a disaster" ('251 Patent, col. 1:7-11, col. 2:21-23).
The Term: "sending ... a request for a second georeferenced map different from the first"
- Context and Importance: Infringement of this element, present in both asserted lead patents, depends on the technical implementation of Snapchat’s map feature. Practitioners may focus on this term because the distinction between requesting new map tiles versus requesting a "different" map is a common and often dispositive issue in litigation involving mapping technologies.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification does not appear to explicitly define what makes one map "different" from another, which may support an argument that any request resulting in the display of new geographic data meets the limitation.
- Evidence for a Narrower Interpretation: The language "a second georeferenced map different from the first" suggests more than simply loading adjacent tiles. It could be construed to require a request for a distinct map type (e.g., satellite vs. street) or a map of a non-contiguous area, rather than the continuous data stream associated with panning or zooming.
VI. Other Allegations
- Indirect Infringement: The complaint alleges that Snap induces infringement by providing instructions and user guides on its website that instruct customers on how to use the accused features, such as creating groups and sharing locations (Compl. ¶¶ 23-24, 37-38).
- Willful Infringement: The complaint alleges that Snap had knowledge of the patents "at least as of the date of this Complaint" (Compl. ¶23), which may support a claim for post-filing willful infringement. The complaint also pleads in the alternative that Snap was "willfully blind to the infringing nature of others' actions" (Compl. ¶23).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "group," rooted in the patent's context of tactical and first-responder "ad hoc networks," be construed broadly enough to cover the "Group Chat" and friend-based location sharing features of a consumer social media application?
- A key evidentiary question will be one of technical mechanism: does the act of panning, zooming, or switching layers in the Snap Map constitute "sending ... a request for a second georeferenced map different from the first," as required by the claims, or does Snapchat's architecture retrieve and render map data in a way that is technically distinct from the claimed method?
- The outcome may also depend on a question of server architecture: can Plaintiff provide evidence that Snapchat utilizes separate "first" and "second" servers for user data and map data, respectively, as recited in claim 54 of the ’838 patent, or is this a functional distinction without a corresponding structural basis in the accused system?