Secure Cam, LLC v. Tend Insights, Inc.

351 F. Supp. 3d 1249
CourtDistrict Court, N.D. California
DecidedNovember 14, 2018
DocketCase No. 5:18-cv-02750-EJD
StatusPublished

This text of 351 F. Supp. 3d 1249 (Secure Cam, LLC v. Tend Insights, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Secure Cam, LLC v. Tend Insights, Inc., 351 F. Supp. 3d 1249 (N.D. Cal. 2018).

Opinion

EDWARD J. DAVILA, United States District Judge

Plaintiff Secure Cam, LLC ("Secure Cam" or "Plaintiff") brings this action for patent infringement against Defendant Tend Insights, Inc. ("Tend Insights" or "Defendant"). Presently before the Court is Defendant's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and 35 U.S.C § 101. Dkt. No. 24 ("Mot."). Defendant asks this Court to find the asserted patents invalid for failure to claim patent-eligible subject matter. Having considered the submissions of the parties and the comments of counsel at the hearing, the Court grants Defendant's Motion to Dismiss.

I. BACKGROUND

A. The Parties

Plaintiff Secure Cam is a Wyoming limited liability company with its principal place of business in Sheridan, Wyoming. Dkt. No. 1 ("Compl.") ¶ 2. Plaintiff is the owner, by assignment, of U.S. Patent Nos. 8,531,555 ("the '555 Patent"), 8,350,928 ("the '928 Patent"), 8,836,819 ("the '819 Patent") and 9,363,408 ("the '408 Patent") (collectively, the "Patents-in-Suit"). Id. , Exs. A-D. Defendant Tend Insights is a California corporation with its principal place of business in Fremont, California. Id. ¶ 3.

B. The Patents-in-Suit

The Patents-in-Suit are all entitled "Method and Apparatus for Automatically Categorizing Images in a Digital Camera." Compl. Exs. A-D. The application of the '555 Patent is a continuation of the patent application that issued as the '928 Patent, and thus the two patents share the same specification. See Monsanto Co. v. Scruggs , 459 F.3d 1328, 1337 (Fed. Cir. 2006) ("The patents are continuations or divisionals of a common parent application and therefore necessarily have almost identical specifications."). Similarly, the application for the '819 Patent is a continuation of the patent application that issued as the '555 Patent and the '408 Patent is a continuation of the patent application that issued as the '819 Patent. For simplicity, unless referring to a specific patent, the Court's citations to the text and figures of the Patents-in-Suit refer to the '928 Patent.

The Patents-in-Suit relate to "[a] system and method for the automatic analysis and categorization of images in an electronic imaging device." '928 Patent at Abstract.

*1252All the asserted claims recite a system or method for automatic analysis and categorization of images that involves three components: 1) an imaging device, 2) a system bus and 3) a camera computer. See '555 Patent, 3:46-49; '928 Patent, 3:55-58; '819 Patent, 3:47-50; '408 Patent, 3:52-54. Figure 1 illustrates the interaction between these three components:

Figure 10 illustrates the process of analyzing and categorizing the images:

This process begins when the camera captures an image as charged-couple device (CCD) data, stores the data into an image file, and then propagates the image file through the camera for processing and formatting of the image data. '928 Patent, 7:42 - 8:4. Next, image processing modules replace any defective pixels in image data, perform white balance color correction on the image data, and perform interpolation (edge enhancement) on the image data. Id. The processing module then converts the image data into an intermediate format, such as an RGB (Red, Green, Blue) format. Id. Analysis modules then analyze the image data at an RGB transition point. Id. , 7:56-64. Once an analysis module analyzes the final line of image data, the analysis module generates any appropriate image tags and stores the generated tags into a blank category tag location in the image file. Id. The camera may then access these stored tags to automatically categorize and utilize the individual stored images. Id.

The asserted independent claims generally follow this process. For example, Claim 1 of the '928 Patent recites:

1. A digital camera for automatically categorizing captured image data, the digital camera comprising:
a processor within the digital camera for capturing image data;
*1253an analysis module within the digital camera coupled to the processor and configured to perform image data analysis on the captured image data at the time of image capture by the digital camera and to automatically generate, responsive to the preformed image data analysis, a category tag for the captured image data; and
a memory for storing the generated category tag in association with the captured image data for categorizing the captured image data.

'928 Patent, 9:4-16.

II. LEGAL STANDARDS

A. Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6)

A motion to dismiss under Fed. R. Civ. P. Rule 12(b)(6) tests the legal sufficiency of claims alleged in the complaint. Parks Sch. of Bus., Inc. v. Symington , 51 F.3d 1480, 1484 (9th Cir. 1995). Dismissal "is proper only where there is no cognizable legal theory or an absence of sufficient facts to support a cognizable legal theory." Navarro v. Block , 250 F.3d 729, 732 (9th Cir. 2001). For purposes of evaluating a motion to dismiss, the court "must presume all factual allegations of the complaint to be true and draw all reasonable inferences in favor of the nonmoving party." Usher v. Los Angeles , 828 F.2d 556, 561 (9th Cir. 1987). To survive a Rule 12(b)(6) motion, the plaintiff must allege facts sufficient to state a claim to relief that is "plausible on its face." Bell Atl.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Monsanto Company v. Scruggs
459 F.3d 1328 (Federal Circuit, 2006)
Internet Patents Corporation v. Active Network, Inc.
790 F.3d 1343 (Federal Circuit, 2015)
Enfish, LLC v. Microsoft Corporation
822 F.3d 1327 (Federal Circuit, 2016)
Tli Communications LLC v. Av Automotive, L.L.C.
823 F.3d 607 (Federal Circuit, 2016)
Electric Power Group, LLC v. Alstom S.A.
830 F.3d 1350 (Federal Circuit, 2016)
Visual Memory LLC v. Nvidia Corporation
867 F.3d 1253 (Federal Circuit, 2017)
Finjan, Inc. v. Blue Coat Systems, Inc.
879 F.3d 1299 (Federal Circuit, 2018)
Lee v. City of Los Angeles
250 F.3d 668 (Ninth Circuit, 2001)
Navarro v. Block
250 F.3d 729 (Ninth Circuit, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
351 F. Supp. 3d 1249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/secure-cam-llc-v-tend-insights-inc-cand-2018.