DCT

1:25-cv-02183

Perrone Robotics Innovations LLC v. Volkswagen Group Of America Inc

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Key Events
Complaint

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 1:25-cv-2183, E.D. Va., 11/25/2025
  • Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Virginia because Defendants conduct business, sell infringing products through numerous dealerships, and commit acts of infringement in the district. Volkswagen Group of America, Inc. is headquartered in the district.
  • Core Dispute: Plaintiff alleges that Defendants' vehicles equipped with advanced driver-assistance systems infringe five U.S. patents related to a general purpose, hardware-independent robotics operating system.
  • Technical Context: The patents relate to foundational software architectures for autonomous and robotic vehicles, a technology domain of significant commercial and safety importance in the modern automotive industry.
  • Key Procedural History: The complaint alleges that Plaintiff and Defendants met in 2017 and 2018 to discuss Plaintiff's technology, during which Plaintiff's patents were identified. It further alleges that U.S. Patent No. 9,833,901 was cited by a USPTO examiner against a Volkswagen patent application in 2021, which may be relevant to the allegations of willful infringement.

Case Timeline

Date Event
2006-02-27 Earliest Priority Date for all Patents-in-Suit
2015-11-24 U.S. Patent No. 9,195,233 Issued
2017-04-01 Complaint alleges Volkswagen and Porsche reached out to Perrone Robotics
2017-12-05 U.S. Patent No. 9,833,901 Issued
2018-05-01 Complaint alleges Perrone met with Volkswagen representatives at Intel Capital Global Summit
2021-01-01 Complaint alleges the ’901 Patent was cited against a Volkswagen patent application
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. ¶12).

The Invention Explained

  • Problem Addressed: The patent family addresses the inefficiency and rigidity 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 (Compl. ¶18; '251 Patent, col. 1:39-52). This "monolithic" approach hindered interoperability, scalability, and mass production (Compl. ¶¶ 18, 22; '251 Patent, col. 1:52-58).
  • The Patented Solution: The invention is a general purpose robotics operating system (GPROS) that provides a standardized, hardware-independent software platform. It uses a novel layer of generic abstractions and services to decouple the application software from the underlying hardware, allowing software components to be configured, reused, and deployed across different robotic and vehicle platforms ('251 Patent, col. 2:11-23, col. 4:50-54). This architecture is designed to be highly configurable both statically (at startup) and dynamically (while running) (Compl. ¶23; '251 Patent, col. 2:30-34).
  • Technical Importance: This approach provided a technical solution to hardware heterogeneity, enabling a more scalable and cost-effective method for developing and deploying complex robotics and automation applications (Compl. ¶26; '251 Patent, col. 1:44-52).

Key Claims at a Glance

  • The complaint asserts independent claim 1 and a number of dependent claims (Compl. ¶¶42-43).
  • Essential elements of independent claim 1 include:
    • 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 an underlying hardware platform.
    • The set of application services is configurable via a configuration service, adaptable both statically and dynamically, and accesses configuration data using a generic abstraction.
    • A graphical user interface.
    • The vehicle is adapted to receive configuration data over a network and to avoid obstacles.
  • The complaint reserves the right to assert additional claims (Compl. ¶42).

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. ¶13).

The Invention Explained

  • Problem Addressed: As with the '877 Patent, this patent family addresses the technical problem of creating bespoke, vertically integrated control systems for each new robotic device, which was inefficient and prevented widespread deployment (Compl. ¶22; '251 Patent, col. 1:39-52).
  • The Patented Solution: The invention provides a hardware-independent GPROS that manages services across different platforms. A key aspect is the integration of a service to manage different types of application threads (synchronous, asynchronous, and real-time), which coordinates sensor processing, decision-making, and actuator control in a hardware-agnostic manner (Compl. ¶26; '442 Patent, col. 65:10-23). The system uses servomechanisms to control vehicle hardware based on a movement plan generated by the GPROS ('442 Patent, col. 66:1-12).
  • Technical Importance: The technology provides a solution for managing real-time, safety-critical operations in a modular software environment, a key challenge in moving from single-purpose robots to scalable autonomous vehicle fleets (Compl. ¶¶26-27).

Key Claims at a Glance

  • The complaint asserts independent claims 1 and 8, among others (Compl. ¶¶62-63). Claim 8 is provided as the lead example.
  • Essential elements of independent claim 8 include:
    • An autonomous vehicle with a steering mechanism, a brake, and a throttle.
    • A GPROS with application services to manage synchronous, asynchronous, or real-time application threads, with the services being independent of the hardware platform.
    • A steering servomechanism to control steering based on a movement plan.
    • A brake servomechanism to control the brake based on the movement plan.
    • A throttle servomechanism to control the throttle based on the movement plan.
  • The complaint reserves the right to assert additional claims (Compl. ¶62).

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. ¶14).
  • Technology Synopsis: The patent describes an autonomous vehicle equipped with a GPROS. The GPROS features a set of hardware-independent application services that can be configured statically and dynamically to manage various threads and control the vehicle's servomechanisms based on a movement plan ('251 Patent, col. 2:11-23, col. 2:30-34).
  • Asserted Claims: The complaint identifies independent claim 2 as an example, among other asserted claims (Compl. ¶¶81-82).
  • Accused Features: The complaint alleges that Volkswagen, Audi, and Porsche vehicles equipped with the IQ.DRIVE system infringe the ’251 Patent (Compl. ¶81).

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. ¶15).
  • Technology Synopsis: This patent claims a method of operating a GPROS. The method involves using a computing device to execute a set of application services that manage different application threads (synchronous, asynchronous, real-time) and at least one autonomous vehicle service, all in a hardware-independent and configurable manner ('901 Patent, col. 1:12-25, col. 3:5-20).
  • Asserted Claims: The complaint identifies method claim 1 as an example, among other asserted claims (Compl. ¶¶102-103).
  • Accused Features: The complaint alleges that Defendants infringe by testing and using vehicles, such as the Volkswagen Tiguan with IQ.DRIVE, that practice the claimed method (Compl. ¶104).

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. ¶16).
  • Technology Synopsis: This patent, foundational to the family, claims a non-transitory medium encoded with a GPROS. The GPROS comprises a set of hardware-independent, configurable application services that manage peripheral, sensor, and actuator services, as well as synchronous, asynchronous, and real-time application threads ('233 Patent, Abstract).
  • Asserted Claims: The complaint identifies claim 1 as an example, among other asserted claims (Compl. ¶¶124-125).
  • Accused Features: The complaint alleges that non-transitory media within Volkswagen vehicles equipped with IQ.DRIVE, which are encoded with GPROS software like VW.OS or QNX, infringe the ’233 Patent (Compl. ¶¶126-127).

III. The Accused Instrumentality

Product Identification

  • The accused instrumentalities are Volkswagen, Audi, and Porsche vehicles incorporating Advanced Driver-Assistance Systems (“ADAS”), marketed as “Driver Assistance” and “IQ.DRIVE” (Compl. ¶¶32, 36, fn. 10). The Volkswagen Tiguan is identified as a non-limiting example (Compl. ¶44).

Functionality and Market Context

  • The IQ.DRIVE system is described as providing "hands-on semi-automated capability" (Compl. ¶33). Its features include "Travel Assist," which uses Adaptive Cruise Control and Lane Keep Assist to maintain distance from a vehicle ahead and keep the car centered in its lane (Compl. ¶33). A marketing screenshot from Defendant's website describes Travel Assist as a "semi-automated driving assistant" (Compl. p. 12, ¶33).
  • Other core functionalities include "Adaptive Cruise Control (ACC)," which uses sensors to detect vehicles ahead and adjust speed, and "Front Assist," which monitors the road for collision risks, provides an alert, and automatically applies the brakes if necessary (Compl. ¶¶34-35). An animated diagram in the complaint illustrates Front Assist monitoring the road and applying brakes to avoid a collision (Compl. p. 13, ¶35).
  • Plaintiff alleges these systems rely on various GPROSs, including a proprietary system called VW.OS as well as third-party systems like QNX and an AUTOSAR-based GPROS (Compl. ¶31). The complaint positions IQ.DRIVE as a key feature, noting that it comes standard on all automatic Volkswagen vehicles for model year 2024 (Compl. ¶32).

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; Accused vehicles such as the Volkswagen Tiguan include these components. Travel assist uses the steering mechanism, and adaptive cruise control uses the brake and throttle. ¶45 col. 43:3-5
an operating system comprising a set of application services configured to manage at least one obstacle service of the vehicle... Vehicles with IQ.DRIVE allegedly practice an operating system with services such as Front Assist, which is an obstacle service that automatically applies braking to avoid obstacles. ¶46, ¶51 col. 44:26-44
wherein the set of application services is independent of an underlying hardware platform... The IQ.DRIVE system is allegedly independent of the underlying platform and is used across different Volkswagen models. ¶48 col. 4:50-54
wherein the set of application services: ... is configurable to be adapted both statically and dynamically... IQ.DRIVE calibration is allegedly configurable both statically and dynamically, for example, by a driver adjusting settings at startup and while the vehicle is moving. ¶49 col. 2:30-34
wherein the vehicle is adapted to receive the configuration data over a network... Accused vehicles with IQ.DRIVE allegedly include over-the-air software update capabilities. ¶50 col. 4:45-49
and wherein the vehicle is adapted to avoid obstacles The "front assist" feature in IQ.DRIVE automatically applies braking to avoid vehicles or pedestrians. ¶51 col. 44:38-44

'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; Accused vehicles like the Volkswagen Tiguan provide autonomous functions and include these mechanical components. ¶65, ¶66 col. 65:10-12
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... IQ.DRIVE allegedly relies on GPROSs like QNX, which is documented to manage synchronous, asynchronous, and real-time application threads. ¶67, ¶68 col. 65:13-17
wherein the set of application services is independent of an underlying hardware platform... IQ.DRIVE is allegedly used across Volkswagen models. Blackberry QNX is marketed as being "sensor- and processor-agnostic." ¶67, ¶69 col. 65:18-19
a steering servomechanism configured to control the steering mechanism based on a movement plan; The Travel Assist feature allegedly uses a steering servomechanism to keep the vehicle centered in the lane based on a movement plan. ¶70 col. 66:1-3
a brake servomechanism... and a throttle servomechanism... configured to control the brake [and] throttle based on the movement plan. The adaptive cruise control feature allegedly relies on brake and throttle servomechanisms to manage speed based on a movement plan. ¶70 col. 66:4-9

Identified Points of Contention

  • Scope Questions: A central question may be whether the term "general purpose robotics operating system," which the patent family appears to root in the context of highly modular, hardware-agnostic robotics platforms, can be construed to read on a modern, semi-autonomous ADAS like IQ.DRIVE. Defendants may argue that such systems are highly specialized, safety-critical automotive systems, not "general purpose" as contemplated by the patents.
  • Technical Questions: The allegation that the application services are "independent of an underlying hardware platform" (Compl. ¶¶48, 69) may be a point of dispute. The complaint relies on marketing statements and deployment across models, but the degree of true hardware independence in Volkswagen's integrated vehicle architecture will likely require factual evidence beyond the pleadings.
  • Functional Questions: The complaint alleges that the ability for a driver to adjust ADAS settings meets the "adapted both statically and dynamically" limitation (Compl. ¶49). A point of contention could be whether this user-level configuration is functionally equivalent to the architectural, service-level adaptability described in the patent specification (e.g., '251 Patent, col. 2:30-34).

V. Key Claim Terms for Construction

The Term: "general purpose robotics operating system (GPROS)"

  • Context and Importance: This term is the foundation of all asserted patents. Its construction will be critical, as the dispute may center on whether a modern automotive ADAS platform qualifies as a "GPROS" in the manner described by the patents.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The specification describes the GPROS as providing "generic and general purposes software services for use by any robotics or automation application" ('251 Patent, col. 2:11-14). This language suggests a broad applicability to any system that automates tasks.
    • Evidence for a Narrower Interpretation: The background section contrasts the invention with prior art where application software was "tied to specific hardware configurations" ('251 Patent, col. 1:49-58). An embodiment is described as a "standardized, full service platform upon which the various and widely divergent robotics and automation applications may sit" ('251 Patent, col. 1:63-66). This could support an interpretation requiring a high degree of modularity and hardware interchangeability not necessarily present in a mass-market automotive platform.

The Term: "independent of an underlying hardware platform"

  • Context and Importance: This limitation is a core inventive concept asserted in the claims of multiple patents-in-suit. Practitioners may focus on this term because the degree of "independence" in a vertically integrated automotive system is a nuanced technical question.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The specification states the invention "isolate[s] the robotic software from the robotic hardware, such that the abstraction of the robot can be performed without full knowledge of the actual robot... configuration" ('251 Patent, col. 4:50-54). This could support a reading where any software abstraction layer satisfies the limitation.
    • Evidence for a Narrower Interpretation: The specification emphasizes "complete pluggability of third party, proprietary, open source, open standard, custom, or other types of extensions" ('251 Patent, col. 3:1-4). This language may suggest a requirement for interoperability with a wide range of disparate hardware, potentially narrowing the term's scope to something beyond portability across a single manufacturer's vehicle models.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges inducement of infringement under 35 U.S.C. § 271(b) based on Defendants' "instructional, marketing, and sales materials" that inform customers and dealers about the use of IQ.DRIVE and "tout the advantages" of using it (Compl. ¶¶53, 72, 92, 114, 136).
  • Willful Infringement: Willfulness allegations are made for the ’901 and ’233 patents based on alleged pre-suit knowledge. The complaint alleges that Plaintiff met with Volkswagen representatives in April 2017 and May 2018 to discuss its technology, at which times the ’233 patent was referenced (Compl. ¶134). It is also alleged that by mid-2018, Plaintiff's website identified both the ’901 and ’233 patents (Compl. ¶111). A specific allegation states that in 2021, the ’901 patent was cited by a USPTO patent examiner against a Volkswagen patent application (Compl. ¶112).

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 context of fully modular and reconfigurable robotics, be construed to cover a highly integrated, safety-critical, semi-autonomous system like Volkswagen’s IQ.DRIVE?
  • A key evidentiary question will be one of architectural function: does the accused software architecture for IQ.DRIVE in fact operate in a manner that is "independent of an underlying hardware platform" and "adapted both statically and dynamically" as those phrases are defined by the patents' specifications, or is there a fundamental mismatch in technical operation?
  • A third central question will concern scienter: given the complaint’s specific allegations of meetings, technology disclosures, and a patent office citation, the willfulness inquiry will likely focus on what Defendants knew about the patents-in-suit and when they knew it, relative to the development and deployment of the accused systems.