Plaintiff Zeroclick, LLC has filed multiple patent infringement suits against Microsoft, Dell, Samsung and LG over their alleged use of touch-only user interface technologies and graphical user interfaces. The patents-in-suit is U.S. Patent No. 7,818,691 (“’691 Patent”) and 8,549,443 (“’443 Patent”).
In one of its suits, Zeroclick claimed that Microsoft knowingly and intentionally infringed upon the ’691 patent because it “makes, uses, offers for sale, sells, and/or imports certain touch screen computing products…such as the Microsoft Surface Book 2 13.5, that directly infringe, literally and/or under the doctrine of equivalents, one or more claims of the ’691 Patent.” Specifically, claim 2 of the patent states, “[a] graphical user interface (GUI), which may comprise an update of an existing program, that may fully operate a GUI by a two step method of movement of a pointer (0) to operate one or more functions within the GUI, wherein, said existing program is any existing program that can operate the movement of the pointer (0) over a screen (300) and has one or more functions operated by one or more other methods apart from said two step method…” Zeroclick said Microsoft’s infringing products operate in a similar manner and thus infringe upon its patented technology. They also claimed that Microsoft induces infringement through the use of its Accused Products.
Zeroclick similarly claimed that Samsung knowingly and intentionally infringed and induced further infringement of the’ 443 patent. Accused products include smartphones like the Galaxy S9. The patent states, “[a] device capable of executing software comprising: a touch-sensitive screen configured to detect being touched by a user’s finger without requiring an exertion of pressure on the screen…the user interface code being configured to detect one or more locations touched by a movement of the user’s finger on the screen without requiring the exertion of pressure and determine therefrom a selected operation…” Specifically, on Samsung’s Accused Product’s home screen application, “the Android software and touchscreen device code detects a user’s finger touching an application icon and then moving towards another app icon on the screen. The user interface code determines the operation of creating a folder on the app screen.” Zeroclick asserted that these similarities illustrate Samsung’s infringement.
Similar allegations were made against electronics manufacturers Dell and LG in respective complaints.
The plaintiff has sought judgment in its favor; a permanent injunction prohibiting further infringement; an award for damages, costs, fees, and expenses; pre- and post-judgment interest, an award for supplemental damages; and other relief as determined by the court.
The suits are filed in the Western District of Texas. The plaintiff is represented by Russ August & Kabat.
