DCT

7:25-cv-00369

Headwater Research LLC v. Google LLC

Key Events

Amended Complaint

I. Executive Summary and Procedural Information

Parties & Counsel:
- Plaintiff: Headwater Research LLC (Texas)
- Defendant: Google LLC (Delaware)
- Plaintiff’s Counsel: Russ August & Kabat
Case Identification: 7:25-cv-00369, W.D. Tex., 12/08/2025
Venue Allegations: Plaintiff alleges venue is proper in the Western District of Texas because Google maintains a regular and established place of business in the district, including a corporate office and a retail store in Austin, and has committed acts of infringement there.
Core Dispute: Plaintiff alleges that Defendant’s mobile devices, networks, and services, including the Android operating system and Google Fi, infringe seven patents related to automated device provisioning, activation, and security techniques for mobile services.
Technical Context: The technology addresses the management of mobile device services, policies, and credentials in a market characterized by rapidly increasing data consumption and a complex ecosystem of devices, applications, and network operators.
Key Procedural History: The complaint heavily references prior litigation involving the same patent family asserted against Samsung and major U.S. wireless carriers. Plaintiff alleges that Google had pre-suit knowledge of the asserted patents and their infringement due to Google’s alleged participation in these prior cases, including instances where Google’s corporate representatives testified and where Google’s Android operating system was central to the dispute. The complaint also notes that Samsung has filed inter partes review (IPR) petitions against at least two of the asserted patents.

Case Timeline

Date	Event
2009-01-28	Earliest Priority Date for ’935, ’055, and ’155 Patents
2009-10-15	Earliest Priority Date for ’429 and ’464 Patents
2010-12-01	Earliest Priority Date for ’930 Patent
2011-01-01	Headwater Research LLC formed
2013-03-14	Earliest Priority Date for ’510 Patent
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
2024-04-01	Alleged knowledge of ’510, ’055, ’429 patents via Samsung litigation
2024-04-23	U.S. Patent No. 11,966,464 Issues
2024-05-14	U.S. Patent No. 11,985,155 Issues
2025-02-01	Alleged knowledge of ’935, ’930, ’464, ’155 patents via carrier litigation
2025-04-01	Jury verdict ($279M) in Headwater v. Samsung litigation
2025-05-01	Alleged knowledge of ’935, ’930, ’464, ’155 patents via carrier contentions
2025-07-01	Jury verdict ($175M) in Headwater v. Verizon litigation
2025-12-08	Complaint Filing Date

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

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

Issued January 28, 2014

The Invention Explained

Problem Addressed: The patent describes a need for a communication system that can provide more flexible service plan offerings and more efficient management of network user services to cope with growing digital networking demand and device diversity (’935 Patent, col. 5:57-63).
The Patented Solution: The invention proposes a system where a network server can securely communicate with and control specific "device agents" (software modules) running on an end-user device. This is achieved by establishing a "secure control link" between the device and the network, allowing the server to send an encrypted message payload targeted to a particular device agent, thereby enabling secure, granular control over device functions and services from the network (’935 Patent, Abstract; Fig. 16).
Technical Importance: This architecture provided a framework for network operators to dynamically and securely manage policies, services, and billing on a growing number of diverse mobile devices without requiring manual user intervention for each change (’935 Patent, col. 6:15-32).

Key Claims at a Glance

The complaint asserts infringement of at least Claim 1 (Compl. ¶50).
The essential elements of independent claim 1, a non-transitory computer-readable storage medium storing instructions for an end-user device, include:
- Causing one or more processors to establish a secure control link with a network system.
- Receiving a server message from a particular server, the message including a message payload.
- Generating an encrypted message comprising at least a portion of the message payload and an identifier configured to assist in delivering it to a particular device agent.
- 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 for this patent.

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

Issued March 28, 2017

The Invention Explained

Problem Addressed: The patent addresses the logistical challenges users face when needing to change their phone number or move their service to a new device, a process that traditionally could be manual, complex, and prone to error (’510 Patent, col. 6:1-12).
The Patented Solution: The invention describes a device that can automatically manage this process. It is configured to detect a "network-provisioning state change," determine that its current credentials no longer match the "target credential" (e.g., a new phone number), and then automatically initiate a "programming session" with a network element to obtain and store the updated credential, streamlining the device activation or number porting process (’510 Patent, Abstract; Fig. 3).
Technical Importance: This automation of credential porting simplifies the user experience for device upgrades and service provider changes, reducing the need for customer support calls and manual device configuration.

Key Claims at a Glance

The complaint asserts infringement of at least Claim 1 (Compl. ¶62).
The essential elements of independent claim 1, a wireless device, include:
- A user interface, memory storing credentials, and one or more processors.
- The processors are configured to obtain a user request to replace a credential with a target credential.
- The processors are also configured to detect a network-provisioning state change.
- Based on that detection, the processors automatically determine the current credential does not match the target, initiate a programming session with a network element, obtain an updated credential, and store it.
The complaint does not explicitly reserve the right to assert dependent claims for this patent.

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

Technology Synopsis: This patent describes a method for securing the link between a specific application on a device and its associated network service policy. It involves using an application credential check to ensure that the application is authorized to use the network services according to the defined policy, preventing unauthorized access or usage.
Asserted Claims: At least independent claim 1 (Compl. ¶74).
Accused Features: Google's mobile devices and operating systems that manage application access to network services (Compl. ¶¶2, 74).

U.S. Patent No. 11,096,055 - "Automated device provisioning and activation"

Issued August 17, 2021

Technology Synopsis: This patent relates to systems for automated device provisioning, focusing on the interaction between a "service processor" on the device and a "service controller" on the network. The technology enables the secure and automated activation of services, synchronization of service policies, and management of user accounts across different network types.
Asserted Claims: At least independent claim 1 (Compl. ¶86).
Accused Features: Google’s mobile devices, operating systems, and services like Google Fi that perform automated device setup and service activation (Compl. ¶¶2, 86).

U.S. Patent No. 11,405,429 - "Security techniques for device assisted services"

Issued August 2, 2022

Technology Synopsis: This patent discloses security techniques using partitioned execution environments on a device. It describes implementing a service profile within a "secure execution environment" to assist in controlling and monitoring the device's use of a wireless network service, thereby verifying that service usage complies with the associated service plan.
Asserted Claims: At least independent claim 1 (Compl. ¶98).
Accused Features: Google's mobile devices and the Android operating system, which utilize hardware and software-based security features to manage device services (Compl. ¶¶2, 98).

U.S. Patent No. 11,966,464 - "Security techniques for device assisted services"

Issued April 23, 2024

Technology Synopsis: Similar to the ’429 patent, this patent focuses on security for device-assisted services. It details a method where a device with a secure modem and a separate secure execution environment establishes secure control channels with a network service controller to enforce service policies, providing a layered security architecture.
Asserted Claims: At least independent claim 1 (Compl. ¶110).
Accused Features: The security architecture of Google's mobile devices and Android operating system, which partitions functions between the main processor and modem subsystems (Compl. ¶¶2, 110).

U.S. Patent No. 11,985,155 - "Communications device with secure data path processing agents"

Issued May 14, 2024

Technology Synopsis: This patent describes a method for creating secure data records on a communications device. A "secure data path processing agent" executes in a secure environment to generate a unique identifier, create a data record, associate the identifier with the record, and send it to a network element, creating a verifiable and tamper-evident audit trail for device activity.
Asserted Claims: At least independent claim 1 (Compl. ¶122).
Accused Features: Google's mobile devices and operating systems that generate and transmit device usage and diagnostic data to network servers (Compl. ¶¶2, 122).

III. The Accused Instrumentality

Product Identification

The complaint identifies the "Accused Instrumentalities" as a broad ecosystem including Google's mobile electronic devices (e.g., phones and tablets), Google's cellular networks, servers, services, and eSIM-enabled devices that operate on Google's network, such as through its mobile virtual network operator (MVNO) Google Fi (Compl. ¶¶2, 38).

Functionality and Market Context

The complaint alleges that these products and services incorporate technologies for managing device activation, provisioning, and security in a mobile data environment of ever-increasing demand and complexity (Compl. ¶¶10, 12-14). The complaint presents a graph sourced from Ericsson to illustrate the exponential growth in mobile data traffic from 2011 to a projected 2027, providing context for the market importance of technologies that manage data services (Compl. p. 6). The functionality of Google Fi as an MVNO, which manages service plans and network switching for users, is particularly relevant to the patents' focus on device provisioning and service control (Compl. ¶2).

IV. Analysis of Infringement Allegations

'935 Patent Infringement Allegations

The complaint does not provide a narrative infringement theory in its body for the ’935 Patent. It states that "Exhibit 8 provides a description of the Accused Instrumentalities and a chart showing examples of how they infringe claim 1 of the ’935 patent" (Compl. ¶50). As this exhibit was not included with the provided complaint, a detailed analysis of the infringement allegations is not possible.

'510 Patent Infringement Allegations

The complaint does not provide a narrative infringement theory in its body for the ’510 Patent. It states that "Exhibit 9 provides a description of the Accused Instrumentalities and a chart showing examples of how they infringe claim 1 of the ’510 patent" (Compl. ¶62). As this exhibit was not included with the provided complaint, a detailed analysis of the infringement allegations is not possible.

V. Key Claim Terms for Construction

'935 Patent, Claim 1

The Term: "secure control link"
Context and Importance: This term is foundational to the claim, defining the communication channel between the device and network. The scope of "secure control link" will be central to determining infringement, as it will raise the question of whether standard encrypted internet protocols used by Google's services meet this limitation, or if a more specific type of link is required by the patent.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim language itself does not specify a particular protocol, which may support an interpretation that any link providing encryption and authentication suffices (’935 Patent, col. 164:14-20).
- Evidence for a Narrower Interpretation: The specification describes specific embodiments, such as a "service control device link" that uses heartbeat messages and operates with distinct control and data planes, which could support a narrower construction tied to this architecture (’935 Patent, col. 37:22-38:20; Fig. 16).

'510 Patent, Claim 1

The Term: "detect a network-provisioning state change"
Context and Importance: This phrase defines the trigger for the automated credential update process. The dispute may center on what constitutes a "detection" of a "state change." Practitioners may focus on this term because it raises the question of whether a general connectivity failure is sufficient, or if the device must recognize a specific signal from the network indicating a change in its provisioning status.
Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent does not explicitly define the term, which may allow for a broad interpretation that includes inferring a state change from repeated failed registration or authentication attempts after a user requests a credential change.
- Evidence for a Narrower Interpretation: The detailed description focuses on the context of porting a number or changing providers, which may suggest the "state change" is an explicit event where the old credentials become invalid on the network, rather than a mere transient error. The patent's figures depicting the user-facing process of a number transfer imply a specific, defined event is occurring (’510 Patent, Figs. 3, 11).

VI. Other Allegations

Indirect Infringement

The complaint alleges that Google induces infringement by actively encouraging and instructing customers to use its devices and services (such as Google Fi) in their normal, intended manner, which allegedly practices the patented methods (Compl. ¶¶49, 51-54, 61, 63-66). Contributory infringement is also alleged on the basis that the accused products are not staple articles of commerce suitable for substantial noninfringing uses (Compl. ¶¶51, 63).

Willful Infringement

The complaint alleges willful infringement based on extensive pre-suit knowledge. The allegations assert that Google knew of the patents and its infringement through its alleged close coordination with Samsung and wireless carriers in prior patent litigation involving the same patent family (Compl. ¶¶18-22, 27). The complaint specifically cites Google’s alleged receipt of infringement contentions from these prior suits and knowledge of multi-million dollar jury verdicts against its partners as evidence of willful blindness or a strategy of "efficient infringement" (Compl. ¶¶20, 22, 28).

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

A primary issue will be one of knowledge and willfulness: Can Headwater prove that Google's alleged awareness of litigation against its Android partners (Samsung, Verizon, etc.) establishes the requisite pre-suit knowledge of infringement for willfulness, especially concerning the specific patents and accused instrumentalities in this case?
A key evidentiary question will be one of technical implementation: As the complaint's infringement allegations are contained in exhibits not provided in the body of the pleading, the case will likely depend on discovery to reveal whether the specific, automated processes within Android and Google Fi for activating devices, managing services, and porting numbers perform the exact sequence of steps recited in the independent claims.
The case may also turn on a question of definitional scope: Will claim terms such as "secure control link" ('935 patent) and "network-provisioning state change" ('510 patent) be construed broadly to cover the standards-based communication and error-handling protocols used in modern mobile operating systems, or will they be limited to the more specific architectures described in the patents' embodiments?