DCT
7:25-cv-00445
Avant Location Tech LLC v. Apple Inc
Key Events
Amended Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Avant Location Technologies LLC (Texas)
- Defendant: Apple Inc. (California)
- Plaintiff’s Counsel: Fabricant LLP
- Case Identification: 7:25-cv-00445, W.D. Tex., 11/14/2025
- Venue Allegations: Venue is based on Defendant Apple Inc. maintaining regular and established places of business within the Western District of Texas and allegedly committing acts of patent infringement in the district.
- Core Dispute: Plaintiff alleges that Defendant’s products implementing the "Find My" and "Home App" ecosystems infringe seven patents related to methods and systems for monitoring the presence of a mobile device within a defined "special area" and communicating that presence to a network.
- Technical Context: The technology concerns location-based services, where a mobile device detects a local radio signal defining a specific geographic zone and reports its presence to a network, which can then alter a service parameter such as billing or functionality.
- Key Procedural History: The complaint alleges that Defendant had actual notice of the patents-in-suit as of February 6, 2019, through communications from the original patent assignee. It also references a prior lawsuit filed by Plaintiff against Defendant on September 13, 2024, in the Eastern District of Texas asserting the same patents.
Case Timeline
| Date | Event |
|---|---|
| 2006-03-28 | Earliest Priority Date for all Patents-in-Suit |
| 2014-05-27 | U.S. Patent No. 8,738,040 Issued |
| 2015-01-13 | U.S. Patent No. 8,934,922 Issued |
| 2015-05-26 | U.S. Patent No. 9,042,910 Issued |
| 2015-08-25 | U.S. Patent No. 9,119,030 Issued |
| 2016-11-01 | U.S. Patent No. 9,485,621 Issued |
| 2017-04-11 | U.S. Patent No. 9,622,032 Issued |
| 2018-06-26 | U.S. Patent No. 10,009,720 Issued |
| 2019-02-06 | Plaintiff alleges pre-suit notice provided to Defendant |
| During 2019 | Apple's "Find My" feature becomes available |
| 2024-09-13 | Plaintiff files prior lawsuit in E.D. Tex. |
| 2025-11-14 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 8,738,040 - Method and System for Monitoring a Mobile Station Presence in a Special Area
- Patent Identification: U.S. Patent No. 8,738,040, “Method and System for Monitoring a Mobile Station Presence in a Special Area,” issued May 27, 2014.
The Invention Explained
- Problem Addressed: The patent describes a challenge for mobile network operators competing with short-range wireless solutions (like Wi-Fi) that offer cheaper rates in specific locations (e.g., a home). Operators needed a flexible way to offer location-dependent services without having to modify individual radio transmitting devices for each new location. (’040 Patent, col. 1:26-46, col. 2:6-12).
- The Patented Solution: The invention provides a method where a mobile station is pre-configured with "checking data" corresponding to a "special area." The mobile station monitors for a "distinctive defining signal" broadcast by a radio device. If the received signal matches the checking data, the mobile station sends an "updating signal" to the mobile network, which can then adjust an operating parameter like a billing rate. This presence reporting is specifically "uncorrelated to any mobile station phone call establishment." (’040 Patent, Abstract; col. 2:13-51).
- Technical Importance: This approach allows a cellular network operator to dynamically create and manage location-based services without modifying its core radio infrastructure for each new special area, offering greater flexibility. (’040 Patent, col. 2:15-21).
Key Claims at a Glance
- The complaint asserts at least independent claim 13 (Compl. ¶30).
- Claim 13 recites a mobile station comprising:
- observing means to observe a channel and process any received signal to determine whether or not it is receiving a defining signal,
- a processor to process any received defining signal and to determine, based on a previously obtained checking data, whether or not the defining signal received is a distinctive defining signal that at least partially defines a special area,
- to determine whether or not it is present in one or more special areas, and
- to send an updating signal... to a mobile telephone network about its presence in one or more of the special areas,
- where said updating signal sending is uncorrelated to any mobile station phone call establishment and is based on the last determination performed by the mobile station about its presence in the special areas.
- The complaint does not explicitly reserve the right to assert dependent claims for the ’040 Patent.
U.S. Patent No. 10,009,720 - Method and System for Monitoring a Mobile Station Presence in a Special Area
- Patent Identification: U.S. Patent No. 10,009,720, “Method and System for Monitoring a Mobile Station Presence in a Special Area,” issued June 26, 2018.
The Invention Explained
- Problem Addressed: Similar to the ’040 Patent, this patent addresses the need for mobile operators to offer location-dependent services with flexibility and security, and without modifying radio transmitting hardware. (’720 Patent, col. 1:26-46, col. 2:15-21).
- The Patented Solution: The invention describes a method where a mobile station receives a "distinctive defining signal" that defines a special area. A key aspect is that this signal also includes "information indicating whether or not the radio communication defining device is in a predetermined environment." The mobile station sends an "updating signal" to a server, which can then use this presence and environmental information to adjust an operating parameter, such as a tariff or a service flag. (’720 Patent, Abstract).
- Technical Importance: The inclusion of information about the transmitting device's "predetermined environment" adds a layer of context that can be used for more nuanced or secure location-based service adjustments. (’720 Patent, col. 3:47-56).
Key Claims at a Glance
- The complaint asserts at least independent claim 1 (Compl. ¶57).
- Claim 1 recites a method comprising:
- receiving and processing the distinctive defining signal in the mobile station, the distinctive defining signal at least defining a special area by one or more of its coverage area, an intersection of coverage areas, or a sum of coverage areas,
- the distinctive defining signal including information indicating whether or not the radio communication defining device is in a predetermined environment; and
- sending from the mobile station via a mobile telephone network an updating signal to one or more servers of a provider of presence related services about the mobile station’s presence in the special area,
- the updating signal being useable by the one or more servers... to adjust an operating parameter, which comprises one or more of a tariff and a service flag...
- The complaint does not explicitly reserve the right to assert dependent claims for the ’720 Patent.
Multi-Patent Capsule: U.S. Patent No. 9,042,910
- Patent Identification: U.S. Patent No. 9,042,910, “Method and System for Monitoring a Mobile Station Presence in a Special Area,” issued May 26, 2015 (Compl. ¶8).
- Technology Synopsis: This patent claims a mobile station that receives first and second distinctive defining signals from two different radio devices, which together define a special area. The mobile station stores data from these signals and uses it to determine its presence in the special area, subsequently sending an uncorrelated updating signal to a network server. (Compl. ¶83).
- Asserted Claims: At least independent claim 7 (Compl. ¶83).
- Accused Features: The complaint alleges that Apple's "Find My" system, where a device can receive signals from multiple lost devices (e.g., a lost iPhone and a lost AirTag), infringes this patent. (Compl. ¶¶ 84-86).
Multi-Patent Capsule: U.S. Patent No. 8,934,922
- Patent Identification: U.S. Patent No. 8,934,922, “Method and System for Monitoring a Mobile Station Presence in a Special Area,” issued January 13, 2015 (Compl. ¶9).
- Technology Synopsis: This patent claims a method where a provider of presence-related services electronically stores data linking a mobile station to first and second special areas. The provider receives uncorrelated updating signals from the mobile station indicating its presence in either area and, in response, enables or disables a presence-related service for that station. (Compl. ¶108).
- Asserted Claims: At least independent claim 1 (Compl. ¶108).
- Accused Features: The complaint maps this method to the "Find My" architecture, where Apple's iCloud servers act as the provider, receiving location reports about different lost devices (defining different special areas) and enabling services like displaying the location on a map. (Compl. ¶¶ 109, 120).
Multi-Patent Capsule: U.S. Patent No. 9,119,030
- Patent Identification: U.S. Patent No. 9,119,030, “Method and System for Monitoring a Mobile Station Presence in a Special Area,” issued August 25, 2015 (Compl. ¶10).
- Technology Synopsis: This patent claims a method where a presence service provider stores data linking a mobile station to a special area and transmits "checking data" to the mobile station. The provider later receives an uncorrelated updating signal from the mobile station, derives its presence, and enables or disables a service accordingly. (Compl. ¶132).
- Asserted Claims: At least independent claim 1 (Compl. ¶132).
- Accused Features: The allegations focus on Apple's iCloud servers providing the "Find My" service, receiving location updates from "finder" devices, and using that information to provide services to the owner of the lost device. (Compl. ¶¶ 133, 139).
Multi-Patent Capsule: U.S. Patent No. 9,485,621
- Patent Identification: U.S. Patent No. 9,485,621, “Method and System for Monitoring a Mobile Station Presence in a Special Area,” issued November 1, 2016 (Compl. ¶11).
- Technology Synopsis: This patent claims a method where a provider of presence-related services, which is distinct from the mobile telephone network, stores data linking a mobile station to a special area. The provider's servers receive an uncorrelated updating signal from the mobile station and derive its presence to enable or disable a related service. (Compl. ¶151).
- Asserted Claims: At least independent claim 1 (Compl. ¶151).
- Accused Features: The complaint alleges that Apple, as the provider of iCloud services, is distinct from the cellular telephone network and performs the claimed steps of receiving location updates from "Find My" devices and enabling location-based services. (Compl. ¶¶ 152, 162).
Multi-Patent Capsule: U.S. Patent No. 9,622,032
- Patent Identification: U.S. Patent No. 9,622,032, “Method and System for Monitoring a Mobile Station Presence in a Special Area,” issued April 11, 2017 (Compl. ¶12).
- Technology Synopsis: This patent claims a method where a provider's servers receive an updating signal from a mobile station, store a parameter based on that signal, and can then send second checking data, different from the first, back to the mobile station to modify the special area. (Compl. ¶175).
- Asserted Claims: At least independent claim 1 (Compl. ¶175).
- Accused Features: The complaint alleges Apple's "Find My" network performs these steps, with the ability to modify a special area by, for example, sending new data corresponding to a different lost device. (Compl. ¶¶ 176, 195).
III. The Accused Instrumentality
Product Identification
- The accused instrumentalities are Apple products that implement the "Find My" network and/or the "Home App," including but not limited to iPhone, iPad, iPod Touch, Apple Watch, Mac, AirPods, AirTag, Apple Pencil, Apple Vision Pro, HomePod, and Apple TVs (Compl. ¶23).
Functionality and Market Context
- The complaint focuses on the "Find My" network's "offline finding" feature, described as a crowdsourced location tracking system (Compl. ¶¶ 32, 35). In this system, an Apple device that is offline or lost (a "lost device") broadcasts a Bluetooth Low Energy (BLE) advertisement containing a public key (Compl. ¶36). Other nearby Apple devices participating in the network (acting as "finder devices" or "mobile stations") detect this BLE signal (Compl. ¶31). A finder device then uses its own location services to create an encrypted location report, which it sends via its internet connection (cellular or Wi-Fi) to Apple's iCloud servers (Compl. ¶¶ 43, 45). Apple's servers process this report, allowing the owner of the lost device to see its location on a map (Compl. ¶44). The complaint presents a diagram from an Apple security guide illustrating this flow of information from a lost device to a finder device and then to the cloud (Compl. p. 10, Exhibit 11).
IV. Analysis of Infringement Allegations
’040 Patent Infringement Allegations
| Claim Element (from Independent Claim 13) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A mobile station, comprising: observing means to observe a channel and process any received signal in order to determine whether or not it is receiving a defining signal... | An Apple device ("finder device") in the Find My network observes a Bluetooth (BLE) channel to detect signals from missing devices. | ¶31 | col. 4:58-67 |
| a processor to process any received defining signal and to determine, based on a previously obtained checking data, whether or not the defining signal received is a distinctive defining signal that at least partially defines a special area... | A processor in the finder device processes a received BLE advertisement. It uses previously stored data (checking data) to determine if the BLE signal is from a device participating in the offline finding service, thereby defining a "special area." | ¶38 | col. 5:9-16 |
| ...to determine whether or not it is present in one or more special areas... | Upon determining the received BLE signal is a distinctive signal for the offline finding service, the finder device identifies that it is present within the special area defined by the signal's coverage. | ¶40 | col. 5:9-16 |
| ...and to send an updating signal...to a mobile telephone network about its presence in one or more of the special areas... | The finder device sends an encrypted location report (the updating signal) to Apple's iCloud servers via a mobile telephone network, indicating its presence near the lost device. | ¶43 | col. 5:17-21 |
| where said updating signal sending is uncorrelated to any mobile station phone call establishment... | The sending of the location report occurs over a cellular data connection and is not tied to the establishment of a voice phone call. | ¶49 | col. 5:26-29 |
| ...and is based on the last determination performed by the mobile station about its presence in the special areas. | The finder device stores its last determination of presence in a local database and sends the updating signal based on that stored information. | ¶41 | col. 5:29-33 |
Identified Points of Contention
- Scope Questions: A central question may be whether the patent's "special area," which is associated with a mobile station via "previously obtained checking data," can be construed to cover the dynamic, ad hoc area created by the transient presence of a third-party lost device. The complaint defines the special area as a "dynamic-crowdsourced special area," which may raise questions about whether this meets the claim's requirements for pre-association via checking data (Compl. ¶39).
- Technical Questions: The nature of the "checking data" will likely be a point of contention. The complaint alleges that to filter for offline finding (OF) advertisements, the mobile station must "necessarily store data related to the OF advertisement (i.e., store previous obtained checking data)" (Compl. ¶41). The evidence for what this data is and how it is "previously obtained" will be critical.
’720 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A method...comprising: receiving and processing the distinctive defining signal in the mobile station... | A "finder device" receives and processes a BLE signal broadcast by a lost Apple device. | ¶64 | col. 10:29-34 |
| ...the distinctive defining signal at least defining a special area by one or more of: (1) a coverage area... (3) a sum of the area of coverage... | The complaint alleges the special area is defined by the Bluetooth coverage area of one or more lost devices, which can be summed together if multiple lost devices are present. A screenshot of the Find My map shows multiple devices, illustrating this concept (Compl. p. 56, Exhibit 8). | ¶65 | col. 10:35-41 |
| ...the distinctive defining signal including information indicating whether or not the radio communication defining device is in a predetermined environment... | The complaint alleges that the BLE signal, by indicating the device is "offline," serves as information that the device is in a "predetermined environment" (i.e., outside the range of its owner's other personal devices). | ¶68 | col. 10:42-45 |
| ...and sending from the mobile station via a mobile telephone network an updating signal to one or more servers of a provider of presence related services... | The finder device sends an encrypted location report via the cellular network to Apple's iCloud servers. | ¶69 | col. 10:46-51 |
| ...the updating signal being useable by the one or more servers...to adjust an operating parameter, which comprises one or more of a tariff and a service flag... | Apple's servers use the location report to adjust a "service flag," such as changing a device's status from "Mark as Lost" to "found," and to activate services like displaying the location on a map or sending a "Notify When Found" alert. A screenshot shows the "Notify When Left Behind" feature, an example of such a service flag (Compl. p. 61, Exhibit 16). | ¶¶ 71, 73 | col. 10:52-59 |
Identified Points of Contention
- Scope Questions: The definition of "predetermined environment" is a likely point of dispute. The complaint posits that a device's "offline status" inherently conveys this information (Compl. ¶68). A court may need to determine if this functional implication meets the claim requirement for the signal to include such information.
- Technical Questions: It raises the question of whether the offline status of a device is an actively included piece of "information" in the BLE signal itself, or merely an inferred state based on the signal's existence and the context of the Find My network.
V. Key Claim Terms for Construction
The Term: "special area"
- Context and Importance: This term is foundational to all asserted patents. Its construction will determine whether the patents can cover a dynamic, crowdsourced network like "Find My." The complaint alleges the "special area" is a "dynamic-crowdsourced special area" defined by the transient signal coverage of lost devices (Compl. ¶39). Practitioners may focus on whether the patent's disclosure supports such a fluid definition or requires a more static, pre-defined zone.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patents state a special area is defined by the "coverage" of one or more defining signals, which could include a "sum of the area of coverage" (’720 Patent, Claim 1). This language does not explicitly forbid a dynamic or mobile boundary.
- Evidence for a Narrower Interpretation: The specifications repeatedly describe associating a special area with a mobile station by transmitting "checking data" for that area (’040 Patent, Abstract). The examples provided often involve fixed locations like airports, business centers, or a user's home, which may suggest the patent contemplates pre-configured, relatively static zones rather than ad hoc ones created by unknown third-party devices. (’040 Patent, col. 3:11-14).
The Term: "predetermined environment"
- Context and Importance: This term is central to the infringement theory for the ’720 Patent. The complaint's theory hinges on equating a device's "offline status" with being in a "predetermined environment" (Compl. ¶68). The viability of this infringement claim may depend on whether this interpretation is adopted.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent does not narrowly define the term, stating only that the signal includes "information indicating whether or not the radio communication defining device is in a predetermined environment" (’720 Patent, Claim 1). This could be interpreted functionally to include any information that allows the system to make this determination, such as an "offline" status indicator.
- Evidence for a Narrower Interpretation: The specification suggests the "predetermined environment" is confirmed by "reliable information" that may involve the device being physically connected to a fixed network or authenticated by a registered system, suggesting a more robust and explicit verification than merely being "offline." (’720 Patent, col. 13:35-50).
VI. Other Allegations
Indirect Infringement
- The complaint alleges inducement of infringement, stating that Defendant manufactures and sells the accused products while providing the Find My application, instructions, marketing materials, and technical support that encourage and instruct end-users to use the products in an infringing manner (Compl. ¶¶ 51, 77).
Willful Infringement
- Willfulness allegations are based on alleged pre-suit and post-suit knowledge. The complaint alleges Defendant had actual notice of the patents-in-suit as of February 6, 2019, from communications by the original assignee, and further notice from the filing of a prior lawsuit in the Eastern District of Texas on September 13, 2024 (Compl. ¶¶ 24-25, 51).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: Can the patent's concept of a "special area," which is associated with a specific mobile station via pre-loaded "checking data," be construed to cover the dynamic, crowdsourced area defined by the transient BLE signals of unrelated, third-party lost devices in Apple's "Find My" network?
- A key evidentiary question will be one of technical interpretation: Does the "offline status" of a lost device, as inferred by the "Find My" network, constitute the explicit "information indicating whether or not the radio communication defining device is in a predetermined environment" as required by claims of the ’720 patent, or is there a fundamental mismatch in the nature of the information conveyed?
- A central issue for damages will be timing and sufficiency of notice: What is the legal effect of the alleged pre-suit notice from February 2019 and the filing of a prior lawsuit in September 2024 on Apple's potential liability for willful infringement, particularly for damages accruing before the filing of the present complaint?