DCT
2:26-cv-00872
Scantech Hangzhou Co Ltd v. Insize Co Ltd
Key Events
Complaint
Table of Contents
complaint Intelligence
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Scantech (Hangzhou) Co., Ltd. (People's Republic of China)
- Defendant: INSIZE Co., Ltd. (People's Republic of China); and Hangzhou Qiyuan Vision Technology Co., Ltd. (People's Republic of China)
- Plaintiff’s Counsel: OSHA BERGMAN WATANABE & BURTON LLP
- Case Identification: 2:26-cv-872, E.D. Tex., 09/25/2026
- Venue Allegations: Venue is alleged under 28 U.S.C. § 1391(c)(3), which permits suing a non-U.S. resident defendant in any judicial district, as both defendants are entities organized under the laws of the People's Republic of China.
- Core Dispute: Plaintiff alleges that Defendants’ handheld three-dimensional scanners infringe a patent related to scanner systems that integrate both global photogrammetry and 3D scanning functions into a single handheld device.
- Technical Context: The technology concerns high-precision industrial measurement, where handheld scanners are used to create digital models of large-scale objects by combining wide-area positional data (photogrammetry) with detailed surface scanning.
- Key Procedural History: The complaint does not mention any prior litigation, Inter Partes Review (IPR) proceedings, or licensing history related to the patent-in-suit.
Case Timeline
| Date | Event |
|---|---|
| 2017-07-06 | '576 Patent Priority Date |
| 2021-02-09 | '576 Patent Issue Date |
| March 2026 | INSIZE alleges introduction of LSM-L340 and LSM-L560 products |
| 2026-09-12 | Qiyuan website publishes article on "Insize 3D Scanner Workflow" |
| 2026-09-25 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,914,576 - "Handheld Large-Scale Three-Dimensional Measurement Scanner System Simultaneously Having Photogrammetric and Three-Dimensional Scanning Functions"
- Issued: February 9, 2021
The Invention Explained
- Problem Addressed: The patent addresses inefficiencies in scanning large objects where global photogrammetry (to establish a stable, large-area coordinate frame) and detailed 3D scanning were separate, complicated processes (’576 Patent, col. 2:21-42). This separation could lead to an accumulation of errors as the scanner moves and "splices" new data, degrading precision over large areas (’576 Patent, col. 1:56-62).
- The Patented Solution: The invention is a single, handheld scanner that integrates both functions (’576 Patent, abstract). It uses two cameras and a pattern projector, where at least one camera is a "multipurpose camera" that performs both photogrammetry (to map reference markers on the object) and 3D scanning (’576 Patent, abstract; ’576 Patent, Fig. 2). The processor uses the initial photogrammetry data to establish a global position, then performs detailed 3D scanning using that established frame as a reference, avoiding the cumulative errors of continuous splicing (’576 Patent, col. 2:55-68; ’576 Patent, col. 3:1-6).
- Technical Importance: This integrated approach is intended to simplify the workflow, improve precision for large-scale measurements, and create a more cost-effective and highly integrated hardware solution (’576 Patent, col. 2:48-55).
Key Claims at a Glance
- The complaint asserts infringement of at least independent claim 1 Compl. ¶47
- The essential elements of independent claim 1 are:
- A handheld three-dimensional measurement scanner system with photogrammetric and three-dimensional scanning functions.
- Two cameras at fixed positions.
- At least one pattern projector.
- A processor.
- Wherein at least one camera is a "multipurpose camera" for both photogrammetry and 3D scanning.
- Wherein the processor is configured to perform global photogrammetry using the multipurpose camera to obtain 3D coordinates of markers on the object.
- Wherein the processor is configured to perform 3D scanning using both cameras and the projector, using the previously obtained marker coordinates as "global positioning information" to generate contour data.
- The prayer for relief seeks a declaration of infringement of "one or more claims," suggesting dependent claims may be asserted later Compl. p. 11, Prayer A
III. The Accused Instrumentality
Product Identification
- The accused products are the INSIZE LSM-L340 and LSM-L560 handheld 3D scanners, and the Qiyuan INSVISION AlphaScan and AlphaScan Elite handheld 3D scanners Compl. ¶2
Functionality and Market Context
- The complaint alleges the Accused Products are handheld 3D scanners marketed and sold in the United States Compl. ¶¶10-11 Compl. ¶15
- They are described as featuring a "binocular-vision architecture" (two cameras), "crossed blue-laser scanning," and functionality for using "photogrammetry scale bars and coded targets to create a global coordinate frame" Compl. ¶50 Compl. ¶36
- The complaint alleges that Qiyuan manufactures the devices, which are sold under its own INSVISION brand and also supplied to INSIZE for sale under the INSIZE brand Compl. ¶40 The products are alleged to share "substantial identity" in physical design, technical architecture, and performance specifications Compl. ¶35 Compl. ¶40(a)
IV. Analysis of Infringement Allegations
The complaint alleges that the Accused Products contain all elements of at least claim 1 of the ’576 Patent Compl. ¶¶47-48 The infringement theory is supported by references to the defendants' own marketing materials and product manuals Compl. ¶¶30-32 Compl. ¶49 Compl. ¶52 For example, INSIZE’s LSM-L340 operation manual allegedly depicts the claimed two-camera and laser assembly architecture Compl. ¶49
’576 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| two cameras at fixed positions | The products are alleged to have a "rigid handheld scanner body containing two camera assemblies" and a "binocular-vision architecture." | ¶30; ¶50 | col. 6:40-41 |
| at least one pattern projector | The products allegedly include "one or more laser pattern projectors" and a "laser transmitter" for scanning. | ¶48; ¶30 | col. 6:42 |
| a processor | The products are alleged to contain "processing hardware and software" to operate the scanning and photogrammetry functions. | ¶48 | col. 2:55-68 |
| at least one of the two cameras is a multipurpose camera that performs photogrammetry and three-dimensional scanning | On "information and belief," the complaint alleges that "at least one of the two cameras in each Accused Product performs both photogrammetry and three-dimensional scanning." | ¶51 | col. 6:43-46 |
| the processor is configured to perform... global photogrammetry... and obtain three-dimensional coordinates of markers | The products allegedly "perform global photogrammetry to obtain three-dimensional coordinates of markers placed on or around the measured object." | ¶56 | col. 2:62-68 |
| the processor is configured to perform... three-dimensional scanning... by using the obtained markers as global positioning information | The products allegedly "operate the two cameras and laser pattern projector to perform three-dimensional scanning while using the obtained markers as global positioning information." | ¶57 | col. 3:1-6 |
Identified Points of Contention
- Technical Question: A key factual dispute may concern the "multipurpose camera" limitation. The complaint alleges on "information and belief" that one camera performs both functions Compl. ¶51 This suggests the exact internal operation of the accused scanners is not publicly documented and will be a central focus of discovery to determine if the hardware architecture matches the claim.
- Scope Question: The analysis may turn on whether the accused products' use of "photogrammetry scale bars and coded targets" Compl. ¶36 to "create a global coordinate frame" Compl. ¶55 constitutes performing "global photogrammetry" as that term is used in the patent.
V. Key Claim Terms for Construction
The Term: "multipurpose camera"
- Context and Importance: This term is central to the patent's claimed novelty of integrating two functions into a single hardware component to improve efficiency. The construction of this term will be critical to determining infringement, as it distinguishes the invention from prior art systems that may have used separate, dedicated cameras for each task.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim language itself only requires that the camera "performs photogrammetry and three-dimensional scanning" (’576 Patent, col. 10:37-39), which a party could argue covers any camera sensor used for both operations, regardless of the specific mechanism.
- Evidence for a Narrower Interpretation: The specification describes specific embodiments where the multipurpose camera uses different resolutions for each function (’576 Patent, col. 5:25-32) or operates with different wavebands of light (e.g., infrared for photogrammetry, red for scanning) via a "dual-waveband filter" (’576 Patent, col. 5:50-68). A party may argue that "multipurpose" should be limited to a camera incorporating such specific, enabling technical features described in the patent.
The Term: "global photogrammetry"
- Context and Importance: This term defines the first of the two key functions performed by the system. Its construction will determine the threshold for what kind of marker-based positioning qualifies as infringing. Practitioners may focus on this term because the accused products are alleged to use "photogrammetry scale bars" Compl. ¶36, and the debate will be whether this specific method falls within the patent's scope.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent abstract and claims frame the function broadly as to "obtain three-dimensional coordinates of markers on a surface of the object" (’576 Patent, abstract). This could support an argument that any process achieving this outcome constitutes "global photogrammetry."
- Evidence for a Narrower Interpretation: The detailed description outlines a process involving a specific combination of "encoded markers," "non-encoded markers," and a "scale of a known length" (’576 Patent, col. 4:54-61; '576 Patent, col. 8:3-10). A party could argue that the term "global photogrammetry" as used in the patent is implicitly limited to this more complex method of establishing a world coordinate system.
VI. Other Allegations
- Indirect Infringement: The complaint does not plead a separate count for indirect infringement. However, it alleges facts that could potentially support such a claim, such as Qiyuan supplying products to INSIZE for commercial activity in the U.S. Compl. ¶43 and defendants providing operation manuals that instruct users on performing the allegedly infringing functions Compl. ¶54
- Willful Infringement: The complaint makes a claim for willful infringement based on post-suit conduct, alleging that any infringement continuing after service of the complaint will be "knowing" Compl. ¶61 The prayer for relief requests enhanced damages if willfulness is proven Compl. p. 12, Prayer E
VII. Analyst’s Conclusion: Key Questions for the Case
- Technical Equivalence: A central evidentiary question will be one of technical implementation: Do the accused scanners actually use a single "multipurpose camera" for both photogrammetry and 3D scanning, as required by claim 1? Since this is alleged on "information and belief," discovery into the products' internal design and operation will be critical to resolving this core factual dispute.
- Definitional Scope: The case may hinge on a question of claim construction: Can the term "multipurpose camera" be broadly interpreted to cover any camera sensor used for two distinct scanning operations, or will it be narrowed to the specific dual-waveband and multi-resolution embodiments detailed in the patent's specification? The court’s construction of this term could be dispositive for the infringement analysis.
- Liability and Relationship: A key question for establishing liability will be the inter-defendant relationship: What is the precise manufacturing and supply relationship between Qiyuan and INSIZE? Proving the details of this alleged OEM/ODM relationship will be necessary to determine the scope of each defendant's liability for the manufacture, sale, and importation of the different branded product lines.
Analysis metadata