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Portus Singapore Pte Ltd. v. Simplisafe, Inc.

United States District Court, D. Delaware

November 15, 2019

PORTUS SINGAPORE PTE LTD, and PORTUS PTY LTD., Plaintiffs,
v.
SIMPLISAFE, INC., Defendant.

          REPORT AND RECOMMENDATION

          JENNIFER L. HALL, UNITED STATES MAGISTRATE JUDGE

         Plaintiffs Portus Singapore Pte Ltd. and Portus Pty Ltd. (collectively, "Plaintiffs") filed this patent infringement suit against Defendant SimpliSafe, Inc. ("SimpliSafe"), alleging infringement of U.S. Patent Nos. 8, 914, 526 ("'526 patent") and 9, 961, 097 ("'097 patent"). After SimpliSafe moved to dismiss the original complaint, Plaintiffs amended their complaint. (D.I. 11 ("Amended Complaint").)[1] Pending before the Court is SimpliSafe's motion to dismiss Plaintiffs' Amended Complaint. (D.I. 13.)

         For the reasons stated below, I recommend that SimpliSafe's motion be GRANTED-IN-PART (with respect to Plaintiffs' counts of direct infringement) and DENIED-IN-PART (with respect to Plaintiffs' counts of indirect and willful infringement).

         I. BACKGROUND

         The '526 patent is entitled "Local and Remote Monitoring Using a Standard Web Browser." It was issued on December 16, 2014 and claims priority to International App. No. PCT/AU99/01128, filed on December 17, 1999, which, in turn, claims priority to Australian Patent App. No. PP 7764, filed on December 17, 1998. The '097 patent is entitled "System for Remote Access of a User Premises." It was issued on May 1, 2018, and it resulted from a continuation application. Portus Singapore Pte Ltd. is the assignee of both patents. Portus Pty Ltd. is the exclusive licensee of both patents. (Amended Complaint, ¶¶ 10, 16.)

         The '526 and '097 patents have the same specification.[2] It describes a security system that permits a user to monitor her home (or other location) remotely over the Internet. ('526 patent, Abstract.) Plaintiffs allege infringement of claims 1, 3, 4, 5, 12, 22, 25, 44, 45, 46, 49, 50, and 59 of the '526 patent. (Amended Complaint, ¶¶ 19, 57.) Claims 1 and 59 are independent claims and the rest depend on claim 1. Plaintiffs allege infringement of claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 15, 16, 17, 18, 19, 20, 21, and 22 of the '097 patent. (Id., ¶¶ 35, 57.) Claims 1 and 19 are independent claims and the rest are dependent.

         The basic components of the asserted claims are: (1) a remote access device that can connect to the Internet; (2) at least one "connection gateway" in the user's premises; and (3) a server located outside the user's premises that can "interconnect on-demand" with the connection gateways.[3] (See '526 patent, els. 1, 59; see also id, Abstract; '097 patent, els. 1, 19.) Claim 1 of the '526 patent recites:

A system for remote access of home networks in respective user premises comprising:
an Internet browser hardware device including a processor running an Internet browser;
an extranet located external to said user premises and accessible via said Internet browser;
a plurality of connection gateways each comprising a hardware processor, each of at least a subset of which is located in a respective one of the user premises and is part of the respective home network of the respective user premises; and
at least one communications server that each comprises a hardware processor located in said extranet and adapted to interconnect on-demand with said connection gateways; wherein:
each of the at least the subset of the plurality of connection gateways is accessible by the at least one communications server and is communicatively coupled to one or more networked components of the respective home network in which the respective connection gateway is located, the at least one communications server not being communicatively coupleable to the one or more networked components of the respective home network; and
responsive to user-input of a Uniform Resource Locator (URL) in accordance with which said Internet browser accesses a predetermined address on said extranet to which address the URL corresponds, in which accessing said Internet browser provides authorization data, one of said at least one communications server subsequently:
determines which one of said home networks in which one of said connection gateways is located said authorization data indicates authority to at least one of control and monitor; and
creates a new communications session between said communications server and said one of said connection gateways located in said determined one of said home networks to at least one of control and monitor operation of at least one service in said home network, by which communications session the extranet:
obtains information contained within the home network from the connection gateway of the determined home network; and
serves a webpage to the Internet browser via which the information from the connection gateway of the determined home network is provided to said Internet browser.

('526 patent, cl. 1.)

         Claim 1 of the '097 patent recites:

         A system for remote access of a user premises comprising:

a first hardware processing circuitry running an access browser module;
a second hardware processing circuitry located in a first network; and
a connection gateway that is located in, and is part of a local network of, the user premises; wherein:
the second hardware processing circuitry is external to the user premises, is accessible via the access browser module, and is configured to communicate ...

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