DCT
1:25-cv-02180
Perrone Robotics Innovations LLC v. Hyundai Motor America Inc
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Perrone Robotics, Inc. and Perrone Robotics Innovations, LLC (Delaware)
- Defendant: Hyundai Motor America, Inc. (California) and Hyundai Motor Company (Korea)
- Plaintiff’s Counsel: Bunsow De Mory LLP; Susman Godfrey L.L.P.
- Case Identification: 1:25-cv-02180, E.D. Va., 11/25/2025
- Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Virginia because Defendants have regular and established places of business in the District, including a regional office and a national service training center, and because they offer for sale and sell the accused vehicles through numerous dealerships within the District.
- Core Dispute: Plaintiff alleges that Defendants’ vehicles equipped with the Hyundai SmartSense suite of advanced driver-assistance systems infringe five U.S. patents related to a general purpose robotics operating system for managing autonomous vehicle functions.
- Technical Context: The technology concerns hardware-agnostic software architectures that enable the development and deployment of complex, configurable, and scalable automated features in vehicles and other robotic systems.
- Key Procedural History: The complaint alleges that Defendants had pre-suit knowledge of the earliest asserted patent, U.S. Patent No. 9,195,233, based on communications and partnership discussions between the parties in July 2016 and June 2017, which may be relevant to potential allegations of willful infringement.
Case Timeline
| Date | Event |
|---|---|
| 2005-01-01 | Perrone Robotics participates in the DARPA Grand Challenge. |
| 2006-02-27 | Earliest Priority Date for all Patents-in-Suit (’233, ’901, ’251, ’442, ’877). |
| 2015-11-24 | U.S. Patent No. 9,195,233 Issued. |
| 2016-07-01 | Plaintiff alleges it sent information to Hyundai, establishing knowledge of the '233 Patent. |
| 2017-06-01 | Plaintiff alleges its representative met with Hyundai Kia Motor Company to discuss partnership. |
| 2017-12-05 | U.S. Patent No. 9,833,901 Issued. |
| 2022-04-26 | U.S. Patent No. 11,314,251 Issued. |
| 2023-10-10 | U.S. Patent No. 11,782,442 Issued. |
| 2024-12-31 | U.S. Patent No. 12,181,877 Issued. |
| 2025-11-25 | Complaint Filed. |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 12,181,877 - General Purpose Robotics Operating System with Unmanned and Autonomous Vehicle Extensions
- Patent Identification: U.S. Patent No. 12,181,877, "General Purpose Robotics Operating System with Unmanned and Autonomous Vehicle Extensions," issued December 31, 2024 (Compl. ¶11).
The Invention Explained
- Problem Addressed: The patent family addresses the inefficiency of prior art robotics development, where creating a robot or automated device required building specific, custom hardware and software from scratch for each new application. This approach created "monolithic robotics and automation architectures" that hindered interoperability, scalability, and rapid deployment (’251 Patent, col. 1:45-54; Compl. ¶17).
- The Patented Solution: The invention is a "general purpose robotics operating system" (GPROS) that acts as a standardized, hardware-independent software platform. It provides a set of generic, configurable application services that can manage vehicle functions, abstracting the underlying hardware so that the same control logic can be deployed across different vehicles and components. This architecture is designed to be dynamically reconfigurable, allowing for updates over a network (’251 Patent, col. 4:45-59; Compl. ¶18).
- Technical Importance: This approach aimed to solve the "long-standing robotics challenge of hardware heterogeneity," enabling the scalable deployment of complex automated features across fleets of vehicles (Compl. ¶25).
Key Claims at a Glance
- The complaint asserts independent claim 1 (Compl. ¶41).
- The essential elements of claim 1 are:
- A vehicle comprising a steering mechanism, a brake, and a throttle.
- An operating system with a set of application services for managing an obstacle service, where the services are independent of the underlying hardware platform.
- The set of application services is (i) configurable using a configuration service, (ii) adaptable both statically and dynamically, and (iii) able to access configuration data using a generic abstraction.
- A graphical user interface.
- The vehicle is adapted to receive configuration data over a network.
- The vehicle is adapted to avoid obstacles.
- The complaint also asserts numerous dependent claims and reserves the right to assert others (Compl. ¶40).
U.S. Patent No. 11,782,442 - General Purpose Robotics Operating System with Unmanned and Autonomous Vehicle Extensions
- Patent Identification: U.S. Patent No. 11,782,442, "General Purpose Robotics Operating System with Unmanned and Autonomous Vehicle Extensions," issued October 10, 2023 (Compl. ¶12).
The Invention Explained
- Problem Addressed: As with its family members, the patent addresses the technical problem of rigid, vertically integrated control systems where application software is inefficiently tied to specific hardware configurations (Compl. ¶21).
- The Patented Solution: This patent claims an autonomous vehicle equipped with a GPROS that includes a specific "service to manage synchronous, asynchronous, and real time application threads." This thread management system operates independently of the hardware platform and is used to control steering, brake, and throttle servomechanisms based on a defined "movement plan" (’442 Patent, Claim 8). The system thereby coordinates sensor data processing, decision-making, and actuator control in a hardware-agnostic manner (Compl. ¶25).
- Technical Importance: The invention provides a solution for coordinating complex real-time tasks required for autonomous vehicle control, such as sensor processing and actuator commands, across disparate hardware platforms (Compl. ¶25).
Key Claims at a Glance
- The complaint asserts independent claim 8 (Compl. ¶61).
- The essential elements of claim 8 are:
- An autonomous vehicle comprising a steering mechanism, a brake, and a throttle.
- A GPROS with a set of application services configured to manage synchronous, asynchronous, or real-time application threads, where the services are independent of the hardware platform.
- A steering servomechanism configured to control the steering mechanism based on a movement plan.
- A brake servomechanism configured to control the brake based on the movement plan.
- A throttle servomechanism configured to control the throttle based on the movement plan.
- The complaint asserts numerous dependent claims and reserves the right to assert others (Compl. ¶60).
U.S. Patent No. 11,314,251 - General Purpose Robotics Operating System with Unmanned and Autonomous Vehicle Extensions
- Patent Identification: U.S. Patent No. 11,314,251, "General Purpose Robotics Operating System with Unmanned and Autonomous Vehicle Extensions," issued April 26, 2022 (Compl. ¶13).
- Technology Synopsis: The patent claims an autonomous vehicle with a GPROS that provides a hardware-independent set of application services. These services are specified to include a service for managing synchronous, asynchronous, and real-time application threads and are described as being configurable statically, dynamically, and through a generic abstraction (’251 Patent, Claim 2).
- Asserted Claims: The complaint asserts independent claim 2 (Compl. ¶80).
- Accused Features: The complaint alleges that Hyundai's SmartSense system, purportedly built on platforms like Blackberry QNX, constitutes the claimed GPROS that manages application threads and controls steering, brake, and throttle servomechanisms to execute ADAS functions (Compl. ¶¶ 84-88).
U.S. Patent No. 9,833,901 - General Purpose Robotics Operating System with Unmanned and Autonomous Vehicle Extensions
- Patent Identification: U.S. Patent No. 9,833,901, "General Purpose Robotics Operating System with Unmanned and Autonomous Vehicle Extensions," issued December 5, 2017 (Compl. ¶14).
- Technology Synopsis: This patent claims a method performed in a GPROS executed on a computing device. The method involves using application services to manage application threads and at least one autonomous vehicle or movement planning service, with the services being hardware-independent and configurable (’901 Patent, Claim 1).
- Asserted Claims: The complaint asserts independent method claim 1 (Compl. ¶101).
- Accused Features: The complaint alleges that Defendants infringe by testing and using their vehicles, thereby performing the claimed method. The accused method is the operation of the SmartSense system, which allegedly uses a GPROS on an ECU to manage threads and services for ADAS features like lane following assist (Compl. ¶¶ 102-105).
U.S. Patent No. 9,195,233 - General Purpose Robotics Operating System
- Patent Identification: U.S. Patent No. 9,195,233, "General Purpose Robotics Operating System," issued November 24, 2015 (Compl. ¶15).
- Technology Synopsis: As the earliest patent in the asserted family, it claims a non-transitory medium (e.g., software/firmware) encoding a GPROS. The GPROS comprises a set of application services that are completely configurable, adaptable both statically and dynamically, hardware-independent, and include services for managing peripherals and application threads (’233 Patent, Claim 1).
- Asserted Claims: The complaint asserts independent claim 1 (Compl. ¶120).
- Accused Features: The complaint alleges the non-transitory medium is the software and firmware within Hyundai vehicles, including the alleged GPROSs (NVIDIA DRIVE, Blackberry QNX, AUTOSAR), that contains the instructions for the SmartSense system (Compl. ¶¶ 121-122).
III. The Accused Instrumentality
Product Identification
- Hyundai and Genesis vehicles that include the "Hyundai SmartSense" technology suite (Compl. ¶31, ¶40).
Functionality and Market Context
- Hyundai SmartSense is described as a suite of Advanced Driver-Assistance System ("ADAS") applications marketed as a "network of advanced safety and convenience tech" (Compl. ¶¶ 31, 33). The complaint identifies specific accused functionalities, including Forward Collision-Avoidance Assist, which can automatically apply braking; Blind-Spot Collision-Avoidance Assist, which can apply braking to one side to prevent a lane change collision; Lane Following Assist, which uses a camera to assist with steering to keep the vehicle centered; and Smart Cruise Control with Stop & Go, which uses radar to maintain distance from a vehicle ahead (Compl. ¶¶ 33, 34). A screenshot provided in the complaint describes how the Lane Following Assist feature uses a front-view camera to detect lane markers and assists the driver's steering (Compl. p. 12). The complaint alleges, on information and belief, that these functionalities are implemented using GPROS platforms such as NVIDIA DRIVE, Blackberry QNX, and an AUTOSAR-based system (Compl. ¶30).
IV. Analysis of Infringement Allegations
’877 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A vehicle comprising: a steering mechanism, a brake, and a throttle | Hyundai vehicles, such as the Tucson, which include these components and use them for features like Lane Following Assist and Smart Cruise Control. | ¶¶42-43 | '251 Patent, col. 40:14-18 |
| an operating system comprising a set of application services configured to manage at least one obstacle service of the vehicle... wherein the set of application services is independent of an underlying hardware platform... | Hyundai SmartSense is alleged to be the operating system, with Forward Collision-Avoidance Assist being an obstacle service, and is used across various Hyundai models. | ¶¶44, 46 | '251 Patent, col. 4:26-54 |
| wherein the set of application services: is configurable using a configuration service, is configurable to be adapted both statically and dynamically, and is configurable to access configuration data using a generic abstraction | The SmartSense system allegedly allows ADAS settings to be configured, and sensor calibration can be adapted both statically (at startup) and dynamically (while driving). | ¶47 | '251 Patent, col. 2:25-34 |
| a graphical user interface | The system has a graphical user interface for configuring ADAS settings. | ¶47 | '251 Patent, col. 55:1-3 |
| wherein the vehicle is adapted to receive the configuration data over a network | The SmartSense system includes an over-the-air software update capability. | ¶48 | '251 Patent, col. 4:45-59 |
| wherein the vehicle is adapted to avoid obstacles | The Forward Collision-Avoidance Assist feature automatically applies braking to avoid vehicles or pedestrians. | ¶49 | '251 Patent, col. 10:30-34 |
’442 Patent Infringement Allegations
| Claim Element (from Independent Claim 8) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| An autonomous vehicle comprising: a vehicle having a steering mechanism, a brake, and a throttle | Hyundai vehicles like the Tucson that include SmartSense are alleged to be autonomous vehicles equipped with these components. | ¶¶63-64 | '251 Patent, col. 66:8-10 |
| a general purpose robotics operating system comprising a set of application services configured to manage at least one of synchronous, asynchronous, or real time application threads... | The SmartSense system is alleged to be a GPROS, using platforms like Blackberry QNX Neutrino, which is documented to manage synchronous, asynchronous, and real-time application threads. | ¶¶65-66 | '251 Patent, col. 9:59-62 |
| wherein the set of application services is independent of an underlying hardware platform and is configurable to perform at least one of communication tasks and operational tasks | The SmartSense system is allegedly independent of the underlying platform, can be used across different Hyundai models, and performs communication and operational tasks. | ¶67 | '251 Patent, col. 4:26-54 |
| a steering servomechanism configured to control the steering mechanism based on a movement plan | Lane Following Assist allegedly relies on a steering servomechanism to keep the vehicle centered based on a movement plan. | ¶68 | '251 Patent, col. 66:11-14 |
| a brake servomechanism configured to control the brake based on the movement plan; and a throttle servomechanism configured to control the throttle based on the movement plan | Smart Cruise Control allegedly relies on brake and throttle servomechanisms to control vehicle speed based on a movement plan. | ¶68 | '251 Patent, col. 66:15-21 |
Identified Points of Contention
- Scope Questions: A central point of contention may be whether the accused ADAS platforms (e.g., Blackberry QNX, AUTOSAR as used by Hyundai) qualify as a "general purpose robotics operating system (GPROS)" within the meaning of the patents. A defense may argue these are highly specialized, embedded automotive operating systems, not the "general purpose" robotics platforms described in the patent specifications, which originated in the context of configurable research robots (Compl. ¶19). The complaint's visual evidence shows marketing materials for integrated consumer vehicle features (Compl. pp. 11-12), which raises the question of whether this context falls within the patents' scope.
- Technical Questions: The infringement theory for key limitations like "configurable to access configuration data using a generic abstraction" relies on allegations that drivers can adjust ADAS settings (Compl. ¶47). A key technical question will be whether this user-level setting adjustment performs the same function as the architectural-level "generic abstraction" and "config service" described in the patents ('251 Patent, col. 2:25-34), or if there is a fundamental operational difference between the two.
V. Key Claim Terms for Construction
- The Term: "general purpose robotics operating system (GPROS)"
- Context and Importance: This term appears in the preambles of the asserted independent claims and is foundational to the infringement case. The dispute will likely center on whether Hyundai's integrated ADAS software architecture, allegedly built on platforms like NVIDIA DRIVE and Blackberry QNX (Compl. ¶30), meets this definition.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes the GPROS as a "general purpose software platform and toolkit that can be used in various settings, such as in robotics and automation" and a platform for "any robotics or automation application" (’251 Patent, col. 1:26-30, col. 2:13-15). This language may support an interpretation that covers any hardware-abstracting operating system used to perform automated tasks in a vehicle.
- Evidence for a Narrower Interpretation: The background section frames the invention as a solution for building robots, referencing the DARPA Grand Challenge and contrasting the GPROS with bespoke systems for specific robots (’251 Patent, col. 1:6-9; Compl. ¶¶ 17-19). This context may support an argument that "GPROS" is limited to a more traditional, modular robotics software framework and does not read on a deeply integrated, mass-market automotive electronics system.
- The Term: "configurable to access configuration data using a generic abstraction"
- Context and Importance: This limitation from claim 1 of the ’877 Patent (and similar language in other patents) is critical for infringement. Practitioners may focus on this term because the complaint maps it to the ability of a driver to adjust ADAS settings and for sensors to be calibrated (Compl. ¶47), which a defendant may argue is not the "generic abstraction" contemplated by the patent.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification states the invention "enables complete configurability of application services in a manner which allows the pluggability of any underlying source of configuration data (e.g., configuration data in XML files, databases, on remote servers, etc)" (’251 Patent, col. 2:25-30). This could support an argument that any method of changing system behavior based on stored data meets the limitation.
- Evidence for a Narrower Interpretation: The detailed description of the "Config service" shows a specific architectural approach involving a "ConfigurationRegistry" and "MasterConfiguration" objects that manage access to configuration data across different mediums like XML files or databases (’251 Patent, Fig. 9, col. 22:11-34). This may support a narrower construction limited to systems that employ such a specific, abstracted configuration management architecture, rather than any system with user-adjustable settings.
VI. Other Allegations
- Indirect Infringement: The complaint alleges that Defendants actively induce infringement by knowingly instructing customers and dealers to use the accused SmartSense features. This inducement is allegedly accomplished through instructional, marketing, and sales materials that describe and promote the use of the infringing functionalities (Compl. ¶51, ¶70, ¶90, ¶109, ¶131).
- Willful Infringement: While not pleaded as a separate count, the complaint alleges facts that may support a willfulness claim for at least the ’233 Patent. It alleges that Plaintiff communicated with Hyundai in July 2016 and that its representative met with Hyundai Kia Motor Company in June 2017 to discuss a partnership using the patented technology, thereby providing Defendants with pre-suit knowledge of the ’233 Patent (Compl. ¶¶ 129-130). For the other patents, knowledge is alleged as of the filing date of the complaint (Compl. ¶53, ¶72, ¶92, ¶111).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "general purpose robotics operating system," which is rooted in the patent’s context of configurable research platforms for challenges like the DARPA Grand Challenge, be construed to cover the highly integrated and specialized ADAS software architectures used in mass-market consumer vehicles?
- A key evidentiary question will be one of technical correspondence: does the functionality of Hyundai's SmartSense system—which allows for user setting adjustments and over-the-air updates—equate to the specific, multi-part architectural functions required by the claims, such as accessing data via a "generic abstraction" and being adaptable "both statically and dynamically," or is there a fundamental mismatch in their technical operation?