DCT

7:25-cv-00369

Headwater Research LLC v. Google LLC

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 7:25-cv-00369, W.D. Tex., 08/27/2025
  • Venue Allegations: Plaintiff alleges venue is proper because Google has committed acts of infringement and maintains a regular and established place of business in the district, specifically citing a corporate office and a retail store in Austin, Texas.
  • Core Dispute: Plaintiff alleges that Defendant’s mobile electronic devices, cellular networks, and related services, including the Google Fi mobile virtual network operator (MVNO), infringe seven U.S. patents related to automated device provisioning, credential management, and security for device-assisted services.
  • Technical Context: The technology at issue addresses methods for managing mobile device services and security in an environment of rapidly increasing consumer demand for mobile data.
  • Key Procedural History: The complaint alleges pre-suit knowledge for several patents based on prior events. For U.S. Patents 9,609,510 and 11,405,429, it cites prior infringement lawsuits and subsequent inter partes review (IPR) petitions filed by Samsung concerning devices using Google's Android Operating System, alleging the details were shared with Google. For five other patents, it alleges knowledge based on patent marking notices included in software from ItsOn Inc., a company that licensed Plaintiff's technology.

Case Timeline

Date Event
2009-01-28 Earliest Priority Date for ’930, ’429, and ’464 Patents
2009-02-04 Earliest Priority Date for ’055 and '155 Patents
2009-02-13 Earliest Priority Date for ’935 Patent
2009-03-02 Earliest Priority Date for ’510 Patent
2011-01-01 Plaintiff Headwater Research LLC formed
2014-01-28 U.S. Patent No. 8,639,935 issues
2017-03-28 U.S. Patent No. 9,609,510 issues
2018-05-15 U.S. Patent No. 9,973,930 issues
2021-08-17 U.S. Patent No. 11,096,055 issues
2022-08-02 U.S. Patent No. 11,405,429 issues
2024-04-23 U.S. Patent No. 11,966,464 issues
2024-05-14 U.S. Patent No. 11,985,155 issues
2025-01-01 Samsung files IPR petitions against ’510 and ’429 Patents (approx.)
2025-08-27 Complaint filed

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

U.S. Patent No. 8,639,935 - "Automated device provisioning and activation"

The Invention Explained

  • Problem Addressed: The patent’s background section describes how growing digital networking demand was straining the capacity of wireless and wireline networks, creating a need for a communication system that could provide flexible service plan choices for consumers and more efficient management of network resources for providers (U.S. Patent No. 8,639,935, col. 5:56-6:13).
  • The Patented Solution: The invention claims a method and system for automating the provisioning and activation of a device on a network. It describes a "device processor" with various software "agents" that communicates with a network "service controller" to establish a service profile, initialize service policies, and manage the device’s access to network services, thereby simplifying the activation process for the end-user (’935 Patent, Abstract; Fig. 16).
  • Technical Importance: This on-device, policy-driven approach to service management allowed carriers to offer more flexible and granular service plans while giving them tools to manage network resources more efficiently in the face of rapidly growing data consumption (Compl. ¶¶ 10, 16).

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 (Compl. ¶38).
  • Claim 1 is a method claim directed to a non-transitory computer-readable storage medium with executable instructions that, when executed by one or more processors, cause the processors to perform steps including:
    • Establishing a secure control link between the end-user device and a network system.
    • Executing a link initialization sequence.
    • Receiving a server message comprising a message payload.
    • Generating an encrypted message comprising the at least a portion of the message payload and an identifier.
    • Sending the encrypted message to the end-user device over the service control link.
  • The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 9,609,510 - "Automated Credential Porting For Mobile Devices"

The Invention Explained

  • Problem Addressed: The patent addresses the technical challenge of updating a device’s wireless credentials, such as when a user switches to a new device or service provider, a process that traditionally required manual intervention and could be complex for the user (’510 Patent, col. 1:15-35).
  • The Patented Solution: The invention claims a wireless device that automates this process. The device includes a "device agent" configured to detect a "network-provisioning state change," which triggers it to automatically initiate a programming session with a network element to obtain and store an updated credential without requiring user intervention (’510 Patent, Abstract; Fig. 3).
  • Technical Importance: This automation simplified the user experience for changing devices or carriers, a frequent activity in the rapidly evolving smartphone market, and reduced the need for customer support intervention (Compl. ¶¶ 12, 16).

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 (Compl. ¶50).
  • Claim 1 is a device claim directed to a wireless end-user device comprising:
    • A user interface, memory, and one or more processors.
    • The memory stores one or more credentials for authorizing wireless access.
    • The processors are configured to execute instructions to obtain a user request to replace a credential, detect a network-provisioning state change, and automatically determine the credential does not match, initiate a programming session, obtain an updated credential, and store it.
  • The complaint does not explicitly reserve the right to assert dependent claims.

Multi-Patent Capsule: U.S. Patent No. 9,973,930

  • Patent Identification: U.S. Patent No. 9,973,930, "End user device that secures an association of application to service policy with an application certificate check," issued May 15, 2018 (Compl. ¶20).
  • Technology Synopsis: The patent describes a security method for device-assisted services. It aims to ensure that only authorized applications can access specific network services by requiring the device to perform a check of the application’s certificate before associating that application with a given service policy.
  • Asserted Claims: At least independent claim 1 (Compl. ¶62).
  • Accused Features: The complaint alleges infringement by Google’s devices and services that secure the association of applications to service policies (Compl. ¶62).

Multi-Patent Capsule: U.S. Patent No. 11,096,055

  • Patent Identification: U.S. Patent No. 11,096,055, "Automated device provisioning and activation," issued August 17, 2021 (Compl. ¶21).
  • Technology Synopsis: Belonging to the same family as the ’935 Patent, this patent further details systems for automated device provisioning and activation. It describes a wireless end-user device with multiple modems and an adaptive policy control agent that enforces network service policies based on a selected service profile.
  • Asserted Claims: At least independent claim 1 (Compl. ¶74).
  • Accused Features: The complaint alleges infringement by Google's devices that perform automated provisioning and activation when connecting to wireless networks (Compl. ¶74).

Multi-Patent Capsule: U.S. Patent No. 11,405,429

  • Patent Identification: U.S. Patent No. 11,405,429, "Security techniques for device assisted services," issued August 2, 2022 (Compl. ¶22).
  • Technology Synopsis: The patent discloses security techniques for monitoring and controlling a device’s use of a wireless service. It describes implementing a service profile within a secure execution environment of a device's processor to assist in controlling service use, monitoring that use, and verifying it against the profile.
  • Asserted Claims: At least independent claim 1 (Compl. ¶86).
  • Accused Features: The complaint alleges infringement by security features within Google's devices and services that monitor and control network usage (Compl. ¶86).

Multi-Patent Capsule: U.S. Patent No. 11,966,464

  • Patent Identification: U.S. Patent No. 11,966,464, "Security techniques for device assisted services," issued April 23, 2024 (Compl. ¶23).
  • Technology Synopsis: Continuing from the '429 patent family, this patent further describes security techniques using secure execution environments on a device. It focuses on methods for connecting secure modem subsystems to a network service controller via secure control channels to enforce service policies.
  • Asserted Claims: At least independent claim 1 (Compl. ¶98).
  • Accused Features: The complaint alleges infringement by Google's devices that utilize security techniques to manage device-assisted services (Compl. ¶98).

Multi-Patent Capsule: U.S. Patent No. 11,985,155

  • Patent Identification: U.S. Patent No. 11,985,155, "Communications device with secure data path processing agents," issued May 14, 2024 (Compl. ¶24).
  • Technology Synopsis: This patent describes a device with secure agents for processing data on the communications path. These agents monitor service usage and generate secure device data records with unique sequence identifiers, which are then transmitted to a network for verification and reconciliation, providing a secure accounting of usage.
  • Asserted Claims: At least independent claim 1 (Compl. ¶110).
  • Accused Features: The complaint alleges infringement by Google's devices that employ secure agents for processing and reporting network data usage (Compl. ¶110).

III. The Accused Instrumentality

Product Identification

  • The accused instrumentalities are Google's mobile electronic devices, including mobile phones and tablets, eSIM-enabled devices, and the associated cellular networks, servers, and services, such as Google's mobile virtual network operator (MVNO), Google Fi (Compl. ¶¶ 2, 26).

Functionality and Market Context

  • The complaint alleges that these devices and services incorporate functionalities for automatically provisioning and activating services, porting user credentials between devices or networks, and securing the policies that govern application access to network resources (Compl. ¶¶ 37, 49, 61). The complaint provides context for the market importance of these features by citing the explosive growth in mobile data consumption. The chart titled "Mobile data traffic" from an Ericsson report graphically depicts the exponential increase in monthly data traffic from 2011 projected through 2027, underscoring the technical and commercial need for the types of efficient device and service management technologies claimed by the patents (Compl. p. 6).

IV. Analysis of Infringement Allegations

The complaint references but does not include Exhibits 8 and 9, which contain claim charts for the ’935 and ’510 patents. The narrative infringement theories are summarized below.

  • U.S. Patent No. 8,639,935 Infringement Allegations
    The complaint alleges that Google's products and services directly and indirectly infringe the ’935 patent by implementing an automated system for device provisioning and activation (Compl. ¶37). The narrative theory suggests that when a user activates a Google device or service like Google Fi, the device executes a method of establishing a secure link with Google's network servers and receiving a service profile and associated policies, which corresponds to the patented method of claim 1 (Compl. ¶38).

  • U.S. Patent No. 9,609,510 Infringement Allegations
    The complaint alleges that Google's mobile devices infringe the ’510 patent by providing an automated system for porting user credentials (Compl. ¶49). The infringement theory is that the accused devices contain components equivalent to the claimed "device agent" that can detect a "network-provisioning state change," such as the activation of a new service plan or eSIM. This event allegedly triggers an automated process where the device communicates with the network to obtain and install the new credentials, thereby performing the steps claimed without requiring manual user intervention (Compl. ¶50).

  • Identified Points of Contention:

    • Scope Questions: A central question may be whether the architectural components described in the patents, such as a "device agent" and a "network service controller," can be construed to read on the specific software architecture of Google's Android operating system and its associated backend network services. The dispute may focus on whether general OS processes and cloud services perform the specific roles of the distinct components claimed in the patents.
    • Technical Questions: The complaint's allegations are described at a high level. A key technical question will be what evidence demonstrates that the accused functionalities perform the exact sequence of steps recited in the asserted method claims, or include the specific combination of components required by the asserted apparatus claims. The analysis will likely depend on whether Google's implementation achieves a similar outcome through a technically distinct process.

V. Key Claim Terms for Construction

  • The Term: "device agent" (from ’935 Patent, Claim 1 and ’510 Patent, Claim 1)

  • Context and Importance: This term identifies the on-device software or hardware component alleged to perform the core functions of the inventions. Its construction is critical because Google may argue that its accused devices do not contain a specific, discrete "agent" as envisioned by the patents, but rather perform similar functions through distributed, general-purpose operating system processes.

  • Intrinsic Evidence for Interpretation:

    • Evidence for a Broader Interpretation: The specification of the '935 patent describes agents as software elements that perform various functions, which could support a construction that covers any software module performing the recited steps ('935 Patent, col. 41:55-65).
    • Evidence for a Narrower Interpretation: The patents' figures depict "agents" as distinct functional blocks within a larger architecture (e.g., ’935 Patent, Fig. 16, items 1690-1697). This may support a narrower construction requiring a more specifically defined and identifiable software component than a general OS function.

  • The Term: "a network provisioning state change" (from ’510 Patent, Claim 1)

  • Context and Importance: This phrase defines the trigger for the automated credential porting process. The infringement analysis may turn on what events qualify as such a "change." Plaintiff may argue for a broad definition covering any event requiring new credentials, while Defendant may argue for a narrower definition limited to formal, carrier-initiated provisioning signals.

  • Intrinsic Evidence for Interpretation:

    • Evidence for a Broader Interpretation: The patent's description of a user switching devices or services implies that the "change" can be initiated by circumstances external to direct network commands, potentially supporting a broad reading (’510 Patent, col. 1:15-35).
    • Evidence for a Narrower Interpretation: The term "provisioning" itself suggests a formal, network-directed process. The specification describes activation and provisioning steps that are part of a structured sequence involving network servers, which may support an interpretation requiring a more formal network-side event (’510 Patent, col. 136:1-137:25).

VI. Other Allegations

  • Indirect Infringement: The complaint alleges induced infringement for all asserted patents, based on allegations that Google provides its devices to customers with instructions for use (e.g., activation and service setup) that necessarily cause end-users to directly infringe the patented methods (Compl. ¶¶ 37, 40, 49, 52).
  • Willful Infringement: Willfulness is alleged for all asserted patents. For the '510 and '429 patents, the basis is alleged pre-suit knowledge stemming from prior litigation against Samsung over its Android devices and related IPR petitions that Plaintiff alleges were shared with Google (Compl. ¶¶ 51, 87). For the remaining patents, the basis is alleged pre-suit knowledge from patent marking notices in ItsOn software, which implemented Plaintiff's technology (Compl. ¶¶ 39, 63, 75, 99, 111). Knowledge is also alleged based on the filing of the complaint itself.

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

  • A primary issue will be one of imputed knowledge: For willfulness, can Plaintiff successfully argue that Google had pre-suit knowledge of the patents based on the alleged activities of its ecosystem partners and licensees, such as Samsung's litigation/IPR activities or patent markings in software from ItsOn Inc.? The court's view on whether these third-party actions put Google on notice will be critical.
  • A key evidentiary question will be one of architectural mapping: Do the patents' concepts of discrete on-device "agents" and a centralized network "service controller" correspond to the actual software and network architecture of the Android OS and Google's distributed cloud services? The case may turn on whether these claim terms can be construed broadly enough to cover Google's modern, complex implementation.
  • A central technical question will be one of operational equivalence: Without the detailed claim charts, the infringement theory is based on high-level functional similarity. The case will likely require a deep technical dive to determine if the specific, step-by-step processes for device activation and credential porting in Google's ecosystem perform the same function in substantially the same way to achieve the same result as the patented methods.