DCT

8:25-cv-01404

Perceptix Tech LLC v. Meta Platforms Inc

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Amended Complaint
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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 8:25-cv-01404, C.D. Cal., 05/20/2026
  • Venue Allegations: Venue is alleged to be proper based on Defendant Meta maintaining offices, including its Reality Labs division, within the Central District of California, and directing business activities related to the accused products within the district.
  • Core Dispute: Plaintiff alleges that Defendant’s wearable communication devices, which use a wrist-worn band to interpret hand gestures, infringe a patent related to controlling mobile devices using electromyography (EMG) signals.
  • Technical Context: The technology involves using EMG sensors to enable hands-free control of electronic devices, a key interface method for the emerging augmented reality (AR) and wearable computing market.
  • Key Procedural History: The complaint alleges that Defendant Meta had extensive pre-suit knowledge of the patent-in-suit, citing it in at least 17 of its own U.S. patent applications and 13 acquired U.S. patents between 2014 and 2022. This history is presented as evidence supporting the allegation of willful infringement.

Case Timeline

Date Event
2004-12-06 '393 Patent Priority Date (Korean Application)
2005-05-19 '393 Patent U.S. Application Filing Date
2009-09-29 '393 Patent Issue Date
2014 Meta acquires Oculus VR, Inc.
2014-08-15 Meta allegedly first discloses '393 Patent in an IDS filing
2024-09-25 Meta allegedly introduces Meta Orion at Meta Connect 2024
2025-09-17 Meta allegedly introduces Meta Ray-Ban Display at Meta Connect 2025
2025-10-21 Plaintiff allegedly provides written notice of infringement to Meta
2026-05-20 Complaint Filing Date

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 7,596,393 - Wearable Mobile Phone Using EMG and Controlling Method Thereof

(Compl. ¶19; Issued September 29, 2009)

The Invention Explained

  • Problem Addressed: The patent describes the inconvenience of conventional mobile phones that require manual operation, such as dialing numbers or selecting functions on a screen, which requires a user's direct physical interaction. (U.S. Patent No. 7,596,393, col. 1:16-35).
  • The Patented Solution: The invention is a "wristband-type wearable mobile phone" that uses electromyography (EMG) sensors to detect electrical signals generated by a user's hand motions. (U.S. Patent No. 7,596,393, abstract). These signals are captured by a wrist-worn unit, processed to determine the specific hand motion, and translated into an input command to control a "mobile phone functioning unit," enabling hands-free operation. (U.S. Patent No. 7,596,393, col. 3:52-col. 4:16).
  • Technical Importance: The patent describes an early architecture for a hands-free, non-vocal, and non-visual interface for mobile electronic devices, a foundational concept for gesture-based control in modern wearable technology. (Compl. ¶¶6-7).

Key Claims at a Glance

  • The complaint asserts independent claims 1 (an apparatus) and 6 (a method), along with dependent claims 2, 5, and 9. (Compl. ¶24; Compl. ¶50).
  • Independent Claim 1, a "wearable mobile phone," requires:
    • An EMG measuring unit in a "ring shape to be worn on the wrist" with sensors to detect EMG from hand motion.
    • An EMG transferring unit connected to the measuring unit.
    • An EMG determining unit "mounted to one side" of the transferring unit to determine hand motion and extract an input signal.
    • A "mobile phone functioning unit" that receives the input signal to perform a mobile function.
  • Independent Claim 6 describes a method for controlling a wearable mobile phone using EMG generated by hand motion. (Compl. ¶46).

III. The Accused Instrumentality

Product Identification

The complaint identifies the "Meta Wearable Communication Devices," specifically the "Meta Orion" and "Meta Ray-Ban Display" when used with the "Meta Neural Band". (Compl. ¶1; Compl. ¶11; Compl. ¶31).

Functionality and Market Context

The accused products are described as augmented reality glasses controlled by a wrist-worn band (the Meta Neural Band) that uses EMG to interpret the user's hand gestures as commands. (Compl. ¶29). These gestures are allegedly used to operate applications such as phone calling, messaging, and others on the devices. (Compl. ¶29). The complaint alleges these products are part of a major strategic initiative for Meta, citing a high price point and projections for millions of units in sales. (Compl. ¶28; Compl. ¶32).

IV. Analysis of Infringement Allegations

The complaint alleges that the combination of the Meta AR glasses (e.g., Meta Orion or Ray-Ban Display) and the Meta Neural Band functions as the claimed "wearable mobile phone." (Compl. ¶39). The complaint describes a YouTube video in which a user is shown wearing and operating the Meta Orion device using hand movements to control smart phone applications. (Compl. ¶29). The complaint also references claim chart exhibits, which were not attached to the filed complaint document. (Compl. ¶24).

U.S. Patent No. 7,596,393 Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
an EMG measuring unit having a plurality of EMG measuring sensors for detecting the EMG changed by the hand motion of a user, and made in a ring shape to be worn on the wrist of the user The Meta Neural Band is a wrist-worn device containing EMG sensors that detect signals from the user's hand motions. ¶40 col. 3:52-59
an EMG transferring unit connected to the EMG measuring unit for transferring the EMG measured by the EMG measuring unit The Meta Neural Band is alleged to contain circuitry that transfers the measured EMG signals for processing. ¶41 col. 4:1-4
an EMG determining unit mounted to one side of the EMG transferring unit for receiving the EMG...to determine the hand motion and extract an input signal... The Meta Neural Band allegedly includes a processing unit that receives the EMG signals, determines the hand gesture, and generates a corresponding input command. ¶42 col. 4:5-11
a mobile phone functioning unit receiving the input signal from the EMG determining unit for functioning the mobile function and having an antenna and a sound transferring device The Meta Orion or Ray-Ban Display glasses allegedly receive the input command from the Neural Band to perform functions (e.g., calls) and contain an antenna and audio components. ¶43 col. 4:12-16

Identified Points of Contention

  • Scope Question: A potential dispute concerns whether the term "mobile phone functioning unit," as described in a patent filed in 2005, can be construed to read on a modern augmented reality glasses system. The case may raise the question of whether the primary function and architecture of the accused AR systems fall within the scope of a "wearable mobile phone" as contemplated by the patent.
  • Technical Question: Infringement may hinge on the specific architecture of the Meta Neural Band. A question for the court could be whether the integrated electronics of the accused device contain distinct components that meet the structural limitation of an "EMG determining unit mounted to one side of the EMG transferring unit," or if the device's architecture is technically distinct from that claimed.

V. Key Claim Terms for Construction

"mobile phone functioning unit"

  • Context and Importance: This term's construction is critical because it bridges the 2005-era patent technology ("mobile phone") and the 2025-era accused technology (AR glasses). The outcome of the infringement analysis may depend heavily on whether the accused Meta Orion and Ray-Ban Display systems are found to be a "mobile phone functioning unit."
  • Evidence for a Broader Interpretation: The patent claims a unit "for functioning the mobile function and having an antenna and a sound transferring device." (U.S. Patent No. 7,596,393, col. 6:23-26). A party might argue this language is functional and covers any portable device with communication and audio capabilities, regardless of its form factor or primary purpose.
  • Evidence for a Narrower Interpretation: The patent is titled "Wearable Mobile Phone..." and its background focuses on conventional mobile phones. (U.S. Patent No. 7,596,393, title; U.S. Patent No. 7,596,393, col. 1:16-20). A party could argue the term is limited to devices whose primary identity and function is that of a cellular telephone, not a general-purpose computing and display system.

"made in a ring shape to be worn on the wrist"

  • Context and Importance: This term defines the physical form factor of the sensor apparatus. The infringement reading depends on whether the accused "Meta Neural Band" meets the "ring shape" requirement.
  • Evidence for a Broader Interpretation: A party could argue that "ring shape" should be interpreted broadly to mean any device that encircles the wrist, consistent with the functional goal of securing sensors. The patent's own figures depict a flexible band rather than a rigid, circular ring. (U.S. Patent No. 7,596,393, Fig. 2).
  • Evidence for a Narrower Interpretation: While less likely to be a primary point of dispute, a party could argue for a stricter definition of "ring" to potentially distinguish it from a "band," though the intrinsic evidence appears to support a broader interpretation.

VI. Other Allegations

Indirect Infringement

The complaint alleges both induced and contributory infringement. Inducement allegations are based on Meta's alleged actions of providing instructions, user guides, and in-person demonstrations to journalists and customers that encourage use of the devices in an infringing manner. (Compl. ¶¶54-58). Contributory infringement is alleged on the basis that the accused devices are especially made for an infringing use and are not staple articles of commerce with substantial non-infringing uses. (Compl. ¶52).

Willful Infringement

The complaint alleges willful infringement based on extensive pre-suit knowledge. The primary evidence cited is Meta's own patent prosecution history, where it allegedly disclosed the '393 patent in Information Disclosure Statements (IDS) for at least 17 of its own patent applications and 13 patents acquired through its acquisition of CTRL-Labs, dating back to 2014. (Compl. ¶¶60-63). The complaint also alleges knowledge via a pre-suit notice letter. (Compl. ¶64).

VII. Analyst’s Conclusion: Key Questions for the Case

  • A central issue will be one of technological scope: can the claims of a 2005-vintage patent directed to a "wearable mobile phone" be construed to cover a modern, sophisticated augmented reality system, or does the evolution in technology place the accused products outside the patent's reach?
  • A key factual question will be one of structural mapping: do the integrated electronics of the accused Meta Neural Band have a physical and logical architecture that meets the specific limitations of the patent's claims, particularly the requirement of an "EMG determining unit mounted to one side of the EMG transferring unit"?
  • A critical question for damages will be the impact of alleged knowledge: given the extensive list of patent applications where Meta itself cited the patent-in-suit, the court will likely examine whether this long-standing awareness of the patent transforms a potential finding of infringement into a finding of willfulness.
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