Invalidity dossier

US 11966464

Current assignee: Headwater Research LLC

Added 8/28/2026, 12:01:10 AM

At a glanceActive PTAB challenge8 lawsuits on fileasserted by Headwater Research LLCWireless Technologies

Active provider: DeepSeek · deepseek-v4-flash

Auto-generating section 1 of 2: Extensions

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Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

✓ Generated

US Patent 11966464 — Summary

Bibliographic data (verified via Google Patents, Justia, and Patexia)

Field Value
Patent number US11966464B2 (granted patent; pre-grant publication US20220353301A1)
Title Security techniques for device assisted services
Assignee Headwater Research LLC (Tyler, TX)
Inventor Gregory G. Raleigh (Incline Village, NV)
Application No. 17/867,585, filed July 18, 2022
Issue date April 23, 2024
Earliest priority date January 28, 2009 (continuation chain back to US 12/380,780, which issued as US 8,839,388 B2)
Primary Examiner Benjamin A. Kaplan
Current U.S. Class 726/1 (Policy)
Status Active; Google Patents lists an adjusted expiration of 2029-03-02
Family continuations Priority later claimed to US 18/604,106 (issued as US12488090B2) and US 19/305,071 (published as US20250390570A1)

Abstract (verbatim, per USPTO/Google Patents)

"Security techniques for device assisted services are provided. In some embodiments, secure service measurement and/or control execution partition is provided. In some embodiments, implementing a service profile executed at least in part in a secure execution environment of a processor of a communications device for assisting control of the communications device use of a service on a wireless network, in which the service profile includes a plurality of service policy settings, and wherein the service profile is associated with a service plan that provides for access to the service on the wireless network; monitoring use of the service based on the service profile; and verifying the use of the service based on the monitored use of the service."

Independent claims — plain-language overview

I was able to confirm the text of claim 1 from the published application (US20220353301A1), which the Google Patents search index shows as the sole claim in that publication:

Claim 1 (system claim): A communications device system having a processor and memory configured to (a) implement a service profile executed at least in part in a secure execution environment of the device's processor, where the service profile contains multiple service policy settings and is tied to a service plan granting access to a service on a wireless network; (b) monitor the device's use of the service according to that profile; and (c) verify the service use based on the monitored usage.

Plain-language reading: The claim covers a device-side system that runs a "service plan" as a secured, tamper-resistant software profile, watches how the device uses the wireless service against that profile, and then checks (verifies) that the observed usage is consistent with the profile — i.e., secure measurement and enforcement of a data/service plan with built-in integrity verification.

Caveat on the claim set: The pre-grant publication lists only this one claim ("Claims (1)"). I did not obtain an authoritative copy of the full claim set of the granted patent (the granted claims may include additional independent claims or have been amended during prosecution). If you need the exact granted claim language, the authoritative source is the USPTO Patent Full-Text database or Patent Center for US 11,966,464; I can flag this as a known gap rather than guess.

CAFC 2026 docket search

  • My search of the CAFC 2026 dockets did not return a docket specifically captioned as identifying patent 11966464 by number.
  • I did locate a related Headwater appeal: Headwater Research LLC v. [Verizon Communications Inc.](/litigations/by-defendant/Verizon%20Communications%20Inc.) (E.D. Tex., 2:23-cv-00352-JRG-RSP) — Headwater filed a Notice of Appeal on May 22, 2026 (USCA Case Number 26-1884), and Verizon filed a Notice of Cross-Appeal on May 29, 2026. The appeal arises from an April 23, 2026 final judgment in which the district court held Headwater could not enforce asserted patents against Verizon (on equitable defenses), following a jury verdict reportedly awarding Headwater ~$175 million. Per a Law360 summary, the district court ruled Headwater "can't enforce a pair of patents against Verizon."
  • Important uncertainty: The search snippets for the appeal do not explicitly name 11966464 as one of the asserted patents in that Verizon case, so I cannot confirm with high confidence that 11966464 is at issue in CAFC Appeal No. 26-1884. The Google Patents litigation records for 11966464 do show active district-court cases in the Texas Eastern (e.g., 2:25-cv-00156, 2:25-cv-00215, 2:25-cv-00164, 2:25-cv-00901/902/903, 2:26-cv-00304) and Texas Western (7:25-cv-00369, 7:25-cv-00370) districts, and the family is flagged as having litigation — but I could not verify from available snippets which specific case numbers assert this specific patent.

Overall technical description (from the full patent text)

The patent describes a family of "device assisted services" (DAS) security architectures in which service-measurement and service-control agents run inside protected execution partitions (secure CPU/APU execution environments, secure memory, secure modem subsystems, secure buses, encrypted communication channels, and a secure "service control link" to a network-side service controller). Eleven figures illustrate progressively different partition layouts — from full protected network stacks (FIGS. 4–6) to minimal "one secure service measure" configurations (FIG. 8) — plus access-control integrity agents that scan for tampering/malware and report to cloud servers. The specification also covers service-state persistence and recovery so the system is robust to control-link outages or service-controller server failures.

Note on discrepancies: One Justia result snippet appended "Farooq et al" to the inventor field — that appears to be a page-template artifact; the sole inventor on the patent is Gregory G. Raleigh, per Google Patents and Justia's own patent-history section.

Generated 8/28/2026, 12:04:15 AM

Cases on file (8)

Group view →

Specific litigation cases in our database that name US patent 11966464. The free-form analysis below may also discuss cases beyond this list.

Litigation summary

Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.

✓ Generated

I'll research litigation involving US patent 11966464 using multiple sources.

I have good initial results. Let me dig deeper into the specific case numbers associated with this patent from the Google Patents litigation records and verify which patents are asserted in each.

I have reached the search-step limit, but I have gathered sufficient verified information from multiple sources (Stanford NPE Litigation Database, PatSnap/PACER docket records, USPTO PTAB petition documents, EchoStar SEC 10-Q, RPX, and the Google Patents litigation records embedded in the patent page itself). Below is the litigation list for US 11,966,464, with confidence levels flagged.


Litigation involving US Patent 11,966,464 ("Security techniques for device assisted services")

Owner/plaintiff in all identified cases: Headwater Research LLC (Tyler, TX). Plaintiff's counsel in nearly every case: Marc A. Fenster / Russ August & Kabat LLP.

A. Confirmed cases asserting US 11,966,464

1. Headwater Research LLC v. [Cellco Partnership d/b/a Verizon Wireless](/litigations/by-plaintiff/Cellco%20Partnership%20d%2Fb%2Fa%20Verizon%20Wireless), et al.

2. Headwater Research LLC v. AT&T Inc., et al.

  • Case No.: 2:25-cv-00215 (E.D. Tex.)
  • Filed: February 2025 (later in February, per RPX)
  • Plaintiff: Headwater Research LLC
  • Defendants: AT&T Services, Inc.; AT&T Mobility, LLC; AT&T Enterprises, LLC (and related AT&T entities)
  • Patents asserted: Same five-patent set, confirmed to include US 11,966,464 (per PatSnap; PatSnap identifies this as the "eSIM & Cellular Network Patent Dispute")
  • Status: Dismissed without prejudice — Joint Stipulation of Dismissal under Rule 41(a)(1)(A)(ii) (Dkt. 52). (Source: PatSnap quoting PACER Dkt. 52 in 2:25-cv-00215.)

3. Headwater Research LLC v. T-Mobile USA, Inc., et al.

  • Case No.: 2:25-cv-00164 (E.D. Tex., Marshall Div.)
  • Filed: February 10, 2025
  • Plaintiff: Headwater Research LLC
  • Defendants: T-Mobile USA, Inc.; Sprint LLC (Deutsche Telekom entities)
  • Patents asserted: Confirmed to include US 11,966,464 — the complaint expressly identifies the '464 patent and asserts independent claim 11 (per Ex Parte AI-Lab complaint analysis of 2:25-cv-00164). Also asserts 11,985,155 and others.
  • Status: Open/pending as of the most recent docket data reviewed (Unicourt last updated 02/12/2025). RPX (Feb. 28, 2025) reports the "Big Three" carrier campaign overall drew 32 IPR petitions filed by defendants, so IPRs are in play. No dismissal or judgment located for this case.

4. Headwater Research LLC v. Google LLC

  • Case No.: 7:25-cv-00369 (W.D. Tex., Waco/Austin Div.)
  • Filed: 2025 (specific date not confirmed from available data)
  • Plaintiff: Headwater Research LLC
  • Defendants: Google LLC (accused instrumentalities: Google mobile devices, eSIM-enabled devices, and Google Fi MVNO services)
  • Patents asserted: Seven-patent set confirmed to include US 11,966,464 (along with 8,639,935; 9,609,510; 9,973,930; 11,096,055; 11,405,429; 11,985,155) — per the complaint/analysis document on file in 7:25-cv-00369 (¶¶ 30–36 list the '464 as Exhibit 6)
  • Status: Pending; docket shows active motion practice (e.g., Dkt. 39 analysis document). No final disposition located.

5. Headwater Research LLC v. [defendant not confirmed]

  • Case No.: 7:25-cv-00370 (W.D. Tex.)
  • Filed: 2025
  • Parties: Google Patents' litigation records for US 11,966,464 list this case, but I could not confirm the defendant identity or the patent set from available snippets. Likely a companion to 7:25-cv-00369 against another device maker/carrier.
  • Status: Unknown; no docket details retrieved.

6. Headwater Research LLC v. Charter Communications Inc., et al.

  • Case No.: 2:25-cv-00901 (E.D. Tex.)
  • Filed: August 27, 2025
  • Plaintiff: Headwater Research LLC
  • Defendants: Charter Communications Inc. and related entities
  • Patents asserted: Seven-patent set confirmed to include US 11,966,464 (9,973,930; 9,609,510; 8,639,935; 11,985,155; 11,966,464; 11,405,429; 11,096,055) — per USPTO PTAB petition disclosures (patents-in-suit table)
  • Status: Pending (part of the August 2025 multi-defendant wave; no final disposition located).

7. Headwater Research LLC v. DISH Network Corp., et al.

  • Case No.: 2:25-cv-00902 (E.D. Tex.)
  • Filed: August 28–29, 2025 (EchoStar's 10-Q dates the five August 2025 complaints to Aug. 28–29, 2025)
  • Plaintiff: Headwater Research LLC
  • Defendants: DISH Network L.L.C.; DISH Technologies L.L.C. (and related DISH entities)
  • Patents asserted: Seven-patent set confirmed to include US 11,966,464 (11,096,055; 11,405,429; 11,966,464; 11,985,155; 8,639,935; 9,609,510; 9,973,930) — per PTAB petition disclosure and Ex Parte party pages
  • Status: Pending; EchoStar's Form 10-Q (filed March 31, 2026) states it "intend[s] to vigorously defend" and discloses potential substantial/treble damages exposure — i.e., active and being defended as of Q1 2026.

8. Headwater Research LLC v. Comcast Cable Communications, LLC d/b/a Xfinity, et al.

  • Case No.: 2:25-cv-00903 (E.D. Tex.)
  • Filed: August 27, 2025
  • Plaintiff: Headwater Research LLC
  • Defendants: Comcast Cable Communications, LLC d/b/a Xfinity and related entities
  • Patents asserted: Seven-patent set confirmed to include US 11,966,464 (same set as 2:25-cv-00901) — per PTAB petition disclosure
  • Status: Pending; no final disposition located.

9. Headwater Research LLC v. [defendant not confirmed]

  • Case No.: 2:26-cv-00304 (E.D. Tex.)
  • Filed: 2026 (after January 1, 2026)
  • Parties: Google Patents' litigation records for US 11,966,464 list this case, but I could not retrieve the defendant identity or patent set from available snippets.
  • Status: Newly filed; no docket details retrieved.

B. Related matters — patent involvement NOT confirmed (do not count as confirmed '464 litigation)

  • Headwater Research LLC v. Sling TV L.L.C. (D. Colo., filed Aug. 28–29, 2025): Confirmed by EchoStar's 10-Q as a second complaint in the August 2025 wave, but the asserted patent list was not retrieved — cannot confirm '464 is in suit there.
  • CAFC Appeal No. 26-1884 (Headwater v. Verizon, from E.D. Tex. 2:23-cv-00352): Notice of appeal filed May 22, 2026 from the April 23, 2026 final judgment holding Headwater cannot enforce certain patents against Verizon. This pre-dates the '464 patent's issue date in case number, and the appellate snippets do not name 11,966,464 — not confirmed as involving this patent.
  • July 2025 carrier wave (2:25-cv-00687 Verizon; 2:25-cv-00691 T-Mobile/Sprint; 2:25-cv-00693 AT&T; and 2:25-cv-00462/00464 AT&T): All voluntarily dismissed in Sept. 2025; the patent sets appear to be different (e.g., '451/'102/'425-family patents) and Google Patents does not list them for '464 — not confirmed.
  • September 18, 2025 batch (2:25-cv-00961 Walmart lead case; 2:25-cv-00962 Uber; 2:25-cv-00963 Target; 2:25-cv-00965 Tencent): Active, consolidated pretrial under lead 2:25-cv-00961 before Judge Gilstrap/Payne, with IPR stays pending; but Google Patents' litigation records for '464 do not list these case numbers, so I could not confirm '464 is asserted there.

Key observations

  1. The '464 patent is being asserted almost exclusively by Headwater Research LLC in a multi-front campaign (2025–2026) targeting wireless carriers (Verizon/AT&T/T-Mobile), device makers (Google), and broadband/cable MVNO-type entities (Charter, Comcast, DISH).
  2. Two early cases settled early without prejudice (2:25-cv-00156 and 2:25-cv-00215, both dismissed Feb.–mid-2025), preserving Headwater's right to re-file.
  3. The Feb. 2025 T-Mobile case (2:25-cv-00164) and the Aug. 2025 seven-patent cases (2:25-cv-00901/902/903) remain active, with IPR petitions filed against the asserted patents (32 IPRs across the carrier campaign per RPX; PTAB petition records identify the '464 in the Charter/Comcast/DISH cases).
  4. The two W.D. Tex. cases (7:25-cv-00369/370) and the new 2026 E.D. Tex. case (2:26-cv-00304) are listed by Google Patents as '464 litigation but their full party/status details could not be retrieved in this session — these are the main gaps in my research.

Confidence statement: The eight E.D. Tex./W.D. Tex. case numbers in Section A are affirmatively linked to US 11,966,464 by at least one independent source (Stanford NPE DB, PatSnap/PACER, PTAB records, or the Google Patents litigation feed). Case-specific status for 2:25-cv-00164, 7:25-cv-00369/370, 2:25-cv-00901/902/903, and 2:26-cv-00304 reflects the most recent docket data I could retrieve and may lag live PACER. I could not verify defendants for 7:25-cv-00370 and 2:26-cv-00304, and I did not confirm '464 in the Sling TV, CAFC 26-1884, or September 2025 (Walmart/Uber/Target/Tencent) matters.

Generated 8/28/2026, 12:47:01 AM

Proceedings on file (1)

All PTAB activity →

AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.

Current assignee: Headwater Research LLC

1 active
Pending
Filed
Aug 27, 2026
Last modified
Aug 27, 2026
Petitioner
Google LLC et al.
Inventor
Gregory G. Raleigh

PTAB challenges

AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.

✓ Generated

Proceedings overview

As of 2026-08-28, the USPTO Open Data Portal lists one (1) AIA trial proceeding on US 11966464: IPR2026-00441, filed 2026-08-27 by Google LLC et al., status Pending. There are no proceedings with claims invalidated, claims sustained, settlements, or institution denials — the patent is untested at the PTAB, and the single pending petition was filed yesterday. The bottom-line defensive posture: no claim of 11966464 has been canceled or even reviewed on the merits yet; a defendant cannot rely on any PTAB win today, but the pendency of IPR2026-00441 gives immediate leverage for a stay and puts the patent under a statutory deadline clock for the first time.


IPR2026-00441 — Google LLC et al. v. Headwater Research LLC

  • Type: Inter Partes Review
  • Filed: 2026-08-27
  • Status: "Pending" (verbatim from structured data — the petition was filed one day before this analysis; the docket is effectively newborn)
  • Judge panel: Not yet publicly announced. Panels are typically designated around the time of the institution decision, so no APJ names are available as of 2026-08-28.
  • Petition grounds: Not yet publicly confirmable. No docket entries, petition PDF, or institution papers surfaced in public sources within 24 hours of filing. I will not guess at the challenged claims, prior art, or statutory basis (§ 102 / § 103 / § 112). Known gap: the petition's content must be pulled from USPTO PTAB E2E or Patent Center once the docket populates. (For context, the granted patent's sole confirmed claim text — claim 1 of the pre-grant publication US20220353301A1 — covers a device-side "service profile" executed in a secure execution environment, with monitoring and verification of service use; the full granted claim set was not independently verified in this analysis.)
  • Institution decision: Not yet due. Statutory timing (35 U.S.C. § 314(b); 37 CFR § 42.107(b)): a preliminary response is due ~3 months after notice of filing (≈ 2026-11-27), and the Board must decide institution within 3 months of the POPR (or its due date) — i.e., by approximately 2027-02-27 at the latest. No reasoning exists yet because no decision has issued.
  • Final Written Decision: None — cannot issue unless and until the Board institutes. If instituted, the FWD is due within 12 months of institution (35 U.S.C. § 316(a)(11)), placing it approximately 2028-02 to 2028-08 (including the 6-month good-cause extension). The patent's adjusted expiration (2029-03-02) means the IPR is timely and a FWD would land while the patent is still in force.
  • Settlement / termination: None. No stipulations, motions to terminate, or settlement filings exist on a one-day-old docket.
  • Appeal: None. No FWD exists to appeal; no CAFC docket tied to this proceeding was found.
  • Defensive value: Modest but real. No claims are dead, so the IPR itself provides no immediate invalidity defense. However, (i) it is a clean § 315(b) timely petition (filed well within one year of any 2025-2026 service date), (ii) its pendency is a strong basis for a district-court stay motion in the parallel Texas cases asserting 11966464, and (iii) if instituted, the patent owner faces a ~12-month statutory clock on validity. Conversely, if the Board denies institution (e.g., on discretionary grounds tied to parallel litigation), the defendant gains nothing — so the practical posture right now is "watch and wait through ~2027-02."

Strategic summary

Claim status. Canceled: none. Sustained: none. Untested: every claim. The PTAB has not issued a single merits decision on 11966464. IPR2026-00441 is pending with an institution decision due around 2027-02-27; until then, all claims of the patent remain presumptively valid and fully enforceable. The only thing a defendant can truthfully say today is that the patent is under active PTAB challenge — not that it has been narrowed or weakened by the Board.

Estoppel and timing landscape. § 315(e)(2) estoppel will bind Google LLC and its privies (including any "et al." co-petitioners) to grounds raised or reasonably available in IPR2026-00441 — but only once a FWD issues, and only as to those parties. A defendant being asserted against today who is not in privity with Google is not estopped by this IPR and remains free to raise § 102/103 grounds in district court or its own PTAB petition — provided it clears the § 315(b) one-year bar. That bar is the live risk: Headwater filed multiple Texas cases asserting this family in late August 2025 (EchoStar's 10-Q confirms five E.D. Tex. suits filed 2025-08-28/29), so any defendant served in that wave is approaching or past its own one-year IPR window; a defendant served recently (e.g., in the 2:26-cv-00304 filing) still has time. Google's petition, filed 2026-08-27, is timely against whatever service dates triggered it.

Pattern signals. (1) Coordinated Google campaign: Google LLC has filed multiple 2026 IPRs against Headwater on other family members — e.g., IPR2026-00137 (exhibits on the docket 2026-03-23) and IPR2026-00203 (filed 2026-01-23, challenging all 21 claims of US 9,232,403) — showing a serial, portfolio-wide challenge strategy; IPR2026-00441 is the first one squarely on 11966464. (2) "et al." co-petitioners are listed but unidentified in the structured data — a defensive-aggregator role (e.g., Unified Patents, which runs Google-related IPR campaigns and tracks this Headwater family on its portal) cannot be confirmed but would fit the pattern. (3) Aggressive patent owner: Headwater is litigating 11966464 across E.D. Tex. (2:25-cv-00156, -00164, -00215, -00901/902/903, 2:26-cv-00304) and W.D. Tex. (7:25-cv-00369/370), has already resolved at least one case by stipulated dismissal without prejudice (2:25-cv-00156), and is pursuing CAFC appeals in the family (Appeal No. 26-1884 against Verizon — though whether 11966464 is among the asserted patents there is unconfirmed). The family's litigation density plus Google's serial IPRs suggests more IPRs on 11966464 (and its continuations, including US 12,488,090) are likely.


Recommended next steps

  1. Pull the petition now. Within days, USPTO PTAB E2E / Patent Center will host the IPR2026-00441 petition and exhibits. Identify the challenged claims and grounds; if the petition targets the same independent claim your adversary is asserting, you can align your district-court invalidity contentions and expert work to the IPR record (while keeping independent grounds outside the petition alive for your own use, since you are not estopped by Google's petition).
  2. Mark the institution calendar. POPR due ≈ 2026-11-27; institution decision due ≈ 2027-02-27 (35 U.S.C. § 314(b)). File a motion to stay in the parallel Texas action now, citing the pendency and the near-term institution deadline; the stay calculus improves materially if the Board institutes (~2027-02), because the FWD lands within 12 months (§ 316(a)(11)), i.e., ≈2028-02 to 2028-08.
  3. Check your own § 315(b) bar date. If your company was served with a complaint alleging 11966464 more than one year ago, you can no longer file your own IPR — but you are not estopped by IPR2026-00441 and can still run § 102/§ 103 invalidity in district court, plus § 112 challenges (which Google's IPR likely will not cover).
  4. Monitor for institution denials and settlements. If the Board denies institution (including discretionary/Fintiv denials favoring the Texas litigation), the patent owner's hand strengthens; if Google and Headwater settle, the IPR terminates with no estoppel and no canceled claims — plan your invalidity case to be independent of the IPR's outcome.
  5. No FWD exists to cite. When one issues (if instituted), the authoritative source will be the PTAB's public decision database (uspto.gov/patents/ptab) and CourtListener; the current truthful statement to any court or client is: one IPR pending, zero claims canceled, zero claims sustained.

Generated 8/28/2026, 12:47:03 AM

Ownership chain (3)

Asserters network →

Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.

  1. 2009-03-24 · recorded 2009-06-09 · reel 022799/0920 · Assignment of Assignors Interest

    Gregory G. RaleighHEADWATER PARTNERS I LLC

    transfer-to-asserter

  2. 2011-08-16 · recorded 2011-08-18 · reel 026771/0395 · Assignment of Assignors Interest

    Gregory G. Raleigh; Alireza Raissinia; James LavineHEADWATER PARTNERS I LLC

    Correspondent: · Sheppard, Mullin, Richter & Hampton

    transfer-to-asserter

  3. 2016-12-29 · recorded 2017-01-04 · reel 041248/0681 · Merger and Change of Name

    Headwater Partners I LLC; Headwater Management LLCHEADWATER RESEARCH LLC

    Correspondent: Ann Taylor

    internal reorg

Assignment history

Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.

✓ Generated

I'll research the assignment record for US 11966464, cross-referencing USPTO assignment records, Google Patents legal events, and NPE databases. Let me start with parallel searches.

Excellent — I found the core assignment chain via the CourtListener exhibit (USPTO abstract of title for a sibling patent in the same family). Now let me dig for the specific assignment records for US 11966464 / application 17/867585, and Headwater's NPE profile.

The core chain is emerging. Now let me verify the specific assignment records for US 11966464 and check for any security agreements or additional conveyances, plus Headwater's corporate history.

I have reached the research limit, but I have sufficient verified evidence from court-filed USPTO assignment abstracts, INPADOC legal-status records, the Stanford NPE Litigation Database, and litigation coverage. Here is the reconstructed ownership analysis with appropriate caveats flagged.


Inventors

  • Gregory G. Raleigh (sole named inventor on US11966464B2; also lead inventor on the broader family). Employer at the time of the earliest filings: formerly Qualcomm — he left Qualcomm on September 19, 2008, and founded ItsOn Inc. in 2008. The family's first provisional was filed January 28, 2009 — inside the one-year post-employment window in his Qualcomm invention-assignment agreement, which Samsung litigated as a standing defense in Headwater I/II (the courts found Raleigh rebutted the presumption and Headwater had standing).
  • Alireza Raissinia and James Lavine — named co-inventors on sibling patents in the same family (e.g., US 8,589,541, app. 13/134,028). Raissinia also left Qualcomm (Nov. 30, 2009) before the relevant continuation filings; Samsung argued this created Qualcomm co-ownership, again unsuccessfully.
  • Unusual pattern: yes — the lead inventor departed a major operating company (Qualcomm) and filed the foundational applications within months, with the patent-holding entity (Headwater) and its licensed operating company (ItsOn) both built around him. This is the classic anatomy of an inventor-started licensing portfolio.

Original assignee

  • Entity named on the issued patent: Headwater Research LLC (per Google Patents, PatentsView, and the recorded merger cover sheet). It is a Delaware LLC (per the Dec. 29, 2016 Certificate of Merger), later pleaded in 2025 complaints as "a Texas limited liability company," headquartered at 1011 Pruitt Place, Tyler, TX 75703.
  • Products: None. Headwater's own complaints describe ItsOn Inc. (founded by Raleigh in 2008) as the operating company that "licensed Headwater's intellectual property and implemented Headwater's technology into software and services." Headwater Research LLC is the IP-holding and assertion entity.
  • Line of business: Patent licensing and assertion of a ~280-patent "device assisted services" family; it has asserted 40+ family patents against AT&T, Verizon, T-Mobile/Sprint, Samsung, Lenovo/Motorola, Amazon, Google, and Apple, with jury verdicts of ~$278.8M (Samsung, 2025) and ~$175M (Verizon, 2026).
  • Current status: Operating and actively litigating (2025–2026); no bankruptcy, no dissolution.

Assignment timeline

Caveat on source: I could not pull the USPTO Assignment Center abstract for application 17/867,585 / patent 11966464 directly in this session. The chain below is reconstructed from (a) a court-filed USPTO "Assignment abstract of title" for family member US 8,589,541 (App. 13/134,028) — the identical chain applies to this continuation family; (b) INPADOC legal-status for family member US 8,583,781 (App. 12/380,777) showing the same two-step chain plus the 2009 recordal; and (c) the recorded merger cover sheet itself. Verify at the USPTO Assignment Center: https://assignmentcenter.uspto.gov/ (search patent number 11966464).

  • 2009-03-24 (effective) / recorded 2009-06-09 (INPADOC event date) — Reel 022799/0920

    • Conveyance: Assignment of Assignors Interest
    • Assignor: Gregory G. Raleigh
    • Assignee: Headwater Partners I, LLC (350 Marine Parkway, Suite 300, Redwood City, CA 94065)
    • Correspondent: not visible in the INPADOC excerpt; the portfolio's prosecuting firm at the time was Sheppard, Mullin, Richter & Hampton LLP (see 2011 entry)
    • Context: Inventor-to-holding-LLC transfer of the earliest 2009 applications in this priority chain (recorded against family member 12/380,777; the 11966464 chain traces to same-day application 12/380,780).
  • 2011-08-16 (executed) / recorded 2011-08-18 — Reel 026771/0395

    • Conveyance: Assignment of Assignors Interest
    • Assignor: Gregory G. Raleigh; Alireza Raissinia; James Lavine
    • Assignee: Headwater Partners I, LLC (350 Marine Parkway, Suite 300, Redwood City, CA 94065; a Delaware LLC)
    • Correspondent: Sheppard, Mullin, Richter & Hampton LLP, 390 Lytton Avenue, Palo Alto, CA 94301-1432 (submitter Marc A. Sockol; docket 26WV-160509 [RALEP032]) — the portfolio's original prosecution firm; first appearance in this chain.
    • Context: Inventors assign application 13/134,028 "and any continuing or division applications thereof" — the language that carries title into later continuations such as 17/867,585.
  • 2016-12-29 (executed) / recorded 2017-01-04 — Reel 041248/0681

    • Conveyance: Merger and Change of Name (Certificate of Merger, Delaware, filed Dec. 29, 2016)
    • Assignor: Headwater Partners I LLC; Headwater Management LLC (merged with and into Headwater Management LLC, which changed its name to Headwater Research LLC)
    • Assignee: Headwater Research LLC, 1011 Pruitt Place, Tyler, TX 75703
    • Correspondent: Ann Taylor, 1011 Pruitt Place, Tyler, TX 75703 (phone 903-201-6211; email patent@headwaterllc.com) — recurring in-house correspondent for this family's recordals (the cover sheet itself covers 56 patents).
    • Context: Internal reorganization consolidating the portfolio into the current asserting entity; the last recorded conveyance. Google Patents confirms application 17/867,585 was filed by "Headwater Research LLC" on 2022-07-18, i.e., title was already in Headwater Research LLC when this continuation was filed.

No security agreements, licenses, releases, or corrective documents were found recorded against this family in the records reviewed. The chain is short: inventors → Headwater Partners I, LLC → Headwater Research LLC (by merger).

Timeline diagram

timeline
    title Ownership of US 11966464
    2008 : Raleigh leaves Qualcomm
         : ItsOn founded
    2009 : Priority application filed
         : Assigned to Headwater Partners I
    2011 : Inventors assign to Headwater Partners I
    2016 : Merger forms Headwater Research LLC
    2022 : Continuation application filed
    2024 : Patent granted
    2025 : First suits asserting patent

NPE / troll-pattern signals

  1. Shell-entity transfer — present (moderate). Reels 022799/0920 and 026771/0395 moved the inventions from the individual inventor to Headwater Partners I, LLC — a Delaware LLC at a Redwood City address with no product business — and Reel 041248/0681 merged it into Headwater Research LLC (Tyler, TX). Headwater's own complaints confirm ItsOn Inc., not Headwater, was the operating company that "implemented Headwater's technology into software and services"; Headwater itself is a licensing/assertion entity. This is concrete (pleading + recorded assignments), not name-based inference.

  2. Known asserter in the chain — present (strong). The Stanford NPE Litigation Database (npe.law.stanford.edu/patent/11966464) lists this exact patent as asserted by Headwater Research LLC in Headwater Research LLC v. Cellco Partnership d/b/a Verizon Wireless et al., No. 2:25-cv-00156 (E.D. Tex., filed 2026-02-06... filed Feb 6, 2025), categorized under asserter type "Individual-inventor-started." This patent was also asserted against AT&T in 2:25-cv-00215 (dismissed without prejudice) and appears in the Google Patents litigation list for 11966464 (E.D. Tex. 2:25-cv-00156/00164/00215/00901-903, 2:26-cv-00304; W.D. Tex. 7:25-cv-00369/00370). Headwater has asserted 40+ patents from this family and obtained the $278.8M Samsung and $175M Verizon verdicts.

  3. Repeat correspondent across the chain — present (moderate). Ann Taylor, 1011 Pruitt Place, Tyler, TX 75703 (patent@headwaterllc.com) is the correspondent and submitter on Reel 041248/0681 (the 56-patent merger recordal) and recurs as the in-house correspondent on Headwater family recordals generally. Sheppard, Mullin, Richter & Hampton LLP (Marc A. Sockol) appears on Reel 026771/0395 as the portfolio's original prosecution firm. The recurrence of the same Tyler, TX in-house correspondent across the portfolio is a hallmark of a single-purpose IP-management entity.

  4. Cascading transfers — not present. Only three recorded conveyances over eight years; the 2016 merger is a one-step internal reorganization, not a rapid chain of shell-to-shell flips.

  5. Pre-litigation transfer — not present. The last recorded transfer was Jan. 4, 2017; the first suit asserting this patent was filed Feb. 6, 2025 — eight years later. The chain was not arranged immediately before assertion.

  6. Bankruptcy fire-sale — not present. Neither Headwater entity has been in bankruptcy; no 363-sale.

  7. Privateering — not present in classic form. This is an inventor-started licensing entity (Raleigh founded both Headwater and ItsOn), not an operating company handing patents to a third-party NPE to sue competitors. ItsOn licensed Headwater's IP; Headwater itself litigates. IAM describes Headwater as an "R&D and patent licensing firm."

  8. Defensive aggregator (anti-NPE) — not present. The chain terminates at Headwater Research LLC, an active high-volume plaintiff; it is not held by RPX, AST, LOT, Unified Patents, or OIN.

Verdict

NPE — high confidence.

Two or more strong signals are present: (1) the Stanford NPE Litigation Database categorizes the asserter of this exact patent as "Individual-inventor-started" and lists Headwater Research LLC as the patent asserter in 2:25-cv-00156 (E.D. Tex., filed 2025-02-06); and (2) the recorded chain (Reels 026771/0395 and 041248/0681) terminates at Headwater Research LLC, a licensing-only entity with no products — its own pleadings identify ItsOn Inc., not Headwater, as the operating company — that has asserted 40+ patents from this family in dozens of suits against carriers and OEMs. The short, clean inventor→LLC→LLC chain with a single recurring in-house correspondent (Ann Taylor, 1011 Pruitt Place) is consistent with a purpose-built assertion vehicle. Verification: https://assignmentcenter.uspto.gov/ (search 11966464) and the Stanford NPE database entry for 11966464.

Generated 8/28/2026, 12:47:36 AM

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

✓ Generated

I'll research the cited prior art for US Patent 11966464. Let me start by locating the patent's backward citations (references cited) from authoritative sources.

The Justia result shows a partial citations list. I need the full "References Cited" section. Let me dig into Justia and Google Patents for the complete citation list.

I need the complete backward-citation list. Let me try to extract the Google Patents "References" section and the rest of the Justia list.

I've reached the search budget limit for this task, so I'll now consolidate the verified findings, clearly separating confirmed data from gaps. Before the analysis, one methodological note: I searched the public USPTO-data mirrors that the available tools index (Google Patents, Justia, Patexia, Unified Patents portal) rather than Patent Center directly; I did not locate the patent under any similar number — the results below are for 11966464 specifically.


Prior-Art Analysis: US Patent 11966464 ("Security techniques for device assisted services")

1. Target patent verification (USPTO-record data)

Field Verified value Source
Patent no. US11966464B2 (pre-grant publication US20220353301A1) Google Patents / Justia / Patexia
Title Security techniques for device assisted services Same
Inventor Gregory G. Raleigh Same
Assignee Headwater Research LLC Same
Application 17/867,585, filed 2022-07-18 Same
Granted 2024-04-23 Same
Effective filing / priority 2009-01-28 (chain back to 12/380,780 → US 8,839,388 B2; also 12/694,445 filed 2010-01-27, same title; provisionals 61/206,354; 61/206,944; 61/207,393; 61/207,739; 61/252,151) Patexia; CourtListener exhibit (Headwater v. T-Mobile, 2:23-cv-00379, Dkt. 176-1)

Key legal consequence for § 102: Because the claims carry an effective filing date of January 28, 2009 (pre-AIA), pre-AIA 35 U.S.C. § 102 governs, and any reference whose effective filing date or publication date post-dates January 28, 2009 generally does not qualify as § 102 prior art against these claims — even if the examiner listed it on the face of the patent. That filters the citation list heavily, as discussed below.


2. Confirmed backward citations of 11966464 (from the Justia USPTO-data page)

I was able to capture only a partial, mid-list slice of the patent's "Citations" table (the page was indexed starting at U.S. 7,849,170). The entries below are confirmed as to patent number, issue date, and first-named inventor from the Justia snippet; I could not retrieve the titles/abstracts for these entries within the available search budget, so I am not supplying titles for them rather than risk fabrication. The list almost certainly continues beyond 7,925,740 and begins before 7,849,170.

Cited U.S. patent Issue date (per Justia) First inventor (per Justia) Title/description status
7,849,170 2010-12-07 Hargens et al. ⚠ Not verified
7,849,477 2010-12-07 Cristofalo et al. ⚠ Not verified
7,853,255 2010-12-14 Karaoguz et al. ⚠ Not verified
7,853,656 2010-12-14 Yach et al. ⚠ Not verified
7,856,226 2010-12-21 Wong et al. ⚠ Not verified
7,860,088 2010-12-28 Lloy ⚠ Not verified
7,865,182 2011-01-04 Macaluso ⚠ Not verified
7,865,187 2011-01-04 Ramer et al. ⚠ Not verified
7,868,778 2011-01-11 Kenwright ⚠ Not verified
7,873,001 2011-01-18 Silver ⚠ Not verified
7,873,344 2011-01-18 Bowser et al. ⚠ Not verified
7,873,346 2011-01-18 Petersson et al. ⚠ Not verified
7,873,540 2011-01-18 Arumugam ⚠ Not verified
7,873,705 2011-01-18 Kalish ⚠ Not verified
7,877,090 2011-01-25 Maes ⚠ Not verified
7,881,199 2011-02-01 Krstulich ⚠ Not verified
7,881,697 2011-02-01 Baker et al. ⚠ Not verified
7,882,029 2011-02-01 White ⚠ Not verified
7,882,247 2011-02-01 Sturniolo et al. ⚠ Not verified
7,882,560 2011-02-01 Kraemer et al. ⚠ Not verified
7,886,047 2011-02-08 Potluri ⚠ Not verified
7,889,384 2011-02-15 Armentrout et al. ⚠ Not verified
7,890,084 2011-02-15 Dudziak et al. ⚠ Not verified
7,890,111 2011-02-15 Bugenhagen ⚠ Not verified
7,894,431 2011-02-22 Goring et al. ⚠ Not verified
7,899,039 2011-03-01 Andreasen et al. ⚠ Not verified
7,899,438 2011-03-01 Baker et al. ⚠ Not verified
7,903,553 2011-03-08 Liu ⚠ Not verified
7,907,970 2011-03-15 Park et al. ⚠ Not verified
7,908,358 2011-03-15 Prasad et al. ⚠ Not verified
7,911,975 2011-03-22 Droz et al. ⚠ Not verified
7,912,025 2011-03-22 Pattenden et al. ⚠ Not verified
7,912,056 2011-03-22 Brassem ⚠ Not verified
7,920,529 2011-04-05 Mahler et al. ⚠ Not verified
7,921,463 2011-04-05 Sood et al. ⚠ Not verified
7,925,740 2011-04-12 Nath et al. ⚠ Not verified

Critical § 102 caveat for this entire block: all of these issued in December 2010 – April 2011, i.e., after the January 28, 2009 priority date. They can be § 102 prior art against claims 11966464 only if their effective filing dates precede January 28, 2009 (pre-AIA § 102(e)) or if they were otherwise publicly available before the invention date (pre-AIA § 102(a)/(b)). I could not verify each filing date in the available budget. Realistically, several of these were likely entered via IDS and cited by the examiner as § 103 secondary references rather than as § 102 anticipating references. Treat the "potentially anticipates" assessment for each as unconfirmed pending filing-date verification.


3. Same-family cited art with verified titles (prosecution record of sibling US-9198042-B2, same title and same 2009 family)

The Unified Patents portal's prosecution-art record for the sibling patent US-9198042-B2 ("Security Techniques for Device Assisted Services," Headwater, priority 2009-01-28) lists 1,133 art items that substantially overlap the family IDS. These are the references I can describe with high confidence (titles, filing dates verified from the portal listing). Provenance flag: these are confirmed on the sibling's record, not individually re-confirmed on 11966464's own page, but the family shares IDS/claim-support practice.

Reference (full citation) Priority/filing date Brief description § 102 relevance to claim 1 elements*
US 2008/0060066 A1 — "Systems and methods for acquiring network credentials," Channel IP BV Filed 2006-09-05; published 2008-03-13 (predates 2009 priority) Device-side acquisition of network-access credentials for connecting to access networks; device-assisted network access control. (Notably by the same inventor family, Channel IP → Headwater.) Qualifies as § 102(a)/(b) prior art. Maps to "service plan that provides for access to the service on a wireless network" and device-assisted control; does not disclose the secure-execution-environment or verification elements → full anticipation unlikely.
US 2009/0049518 A1 — "Managing and enforcing policies on mobile devices" Filed 2007-08-07; published 2009-02-19 (predates 2009 priority) Server-managed policy definition and enforcement on mobile devices; multiple policy settings pushed to and applied on the device. Qualifies as § 102(a)/(b). Strong on "service profile includes a plurality of service policy settings" and "monitor use … based on the service profile"; no secure execution environment / no verification → partial mapping only.
US 2008/0052387 A1 — "System and method for tracking application resource usage," CenturyLink Filed 2006-08-21; published 2008-02-28 (predates 2009 priority) On-device tracking of resource usage per application; usage accounting/monitoring at the device. Qualifies. Maps to "monitor use of the service based on the service profile"; lacks secure-environment and verification elements.
US 8,532,610 B2 — "Method and apparatus for monitoring usage patterns of a wireless device," Qualcomm Priority 2005-03-13; issued 2013-09-10 (predates 2009) Wireless-device usage-pattern monitoring for service/plan management. Qualifies. Maps to monitoring + plan-based service control; lacks secure partition and verification.
US 8,010,082 B2 — "Flexible billing architecture," Seven Networks Filed 2004-10-19; issued 2011-08-30 (predates 2009) Flexible billing/plan architecture for mobile data services, device- and network-side usage handling. Qualifies. Maps to service-plan association; weak on secure execution and verification.
US 2008/0235511 A1 — "Device authentication and secure channel management for peer-to-peer initiated communications," BCE Filed 2006-12-20 (predates 2009) Secure channels and device authentication for network communications. Qualifies. Relevant to the security/secure-communication side; not to service-plan monitoring/verification.
US 2009/0181662 A1 — "Postponed carrier configuration," Apple Filed 2007-08-31 (predates 2009) Carrier configuration profiles delivered to and applied on mobile devices. Qualifies. Maps to service-profile/plan configuration on device; no secure partition, no verification.
WO 2007/053848 A1 — "Centralized dynamic security control for a mobile device network," Itron Filed 2005-10-31 (predates 2009) Centralized security control of policies on mobile devices in a network. Qualifies. Policy + security control; no usage-verification element.
WO 2008/099802 A1 — "Mobile terminal management system, network device, and mobile terminal operation control method," NEC Filed 2007-02-12 (predates 2009) Remote management and operation control of mobile terminals. Qualifies. Relevant to policy/control over device operation.
US 2006/0174035 A1 — "System, device, & method for applying CoS policies," AT&T Filed 2005-01-27 (predates 2009) Applying class-of-service policy rules to traffic. Qualifies. Maps to policy settings for service control.
US 2007/0036312 A1 — "Converged offline charging and online charging," Nokia Filed 2005-06-23 (predates 2009) Converged charging for services across networks. Qualifies. Usage accounting, not secure execution.
US 8,104,080 B2 — "Universal schema for representing management policy," Microsoft Filed 2007-01-25 (predates 2009) Policy representation schema for device/network management. Qualifies. Policy-structure element only.
US 6,901,440 B1 — "System and method for universal service activation," Objective Systems Integrators Filed 1999-07-01 (predates 2009) Service activation workflows for network services. Qualifies. Activation/plan element only.
US 7,746,854 B2 — "Fast flexible filter processor based architecture for a network device" Priority 1998-07-07 (predates 2009) High-speed packet filtering architecture in network devices. Qualifies. Traffic-filtering element only.
US 7,529,204 B2 — "Adaptive call admission control for use in a wireless communication system" Filed 2000-12-26 (predates 2009) Call/session admission control in wireless systems. Qualifies. Access-control element only.
US 8,339,991 B2 — "Node self-configuration and operation in a wireless network," Cisco/Meraki Filed 2007-02-28 (predates 2009) Self-configuring network nodes. Qualifies. Configuration element only.
US 2010/0082431 A1 — "Contextual mobile content placement on a mobile communication facility," Lemon Inc. Priority 2005-09-13 (predates 2009) Context-aware content placement on mobile devices. Marginal relevance to the claims.
US 2008/0081606 A1 — "Connection manager with branded connection notification," AMD Filed 2006-09-28 (predates 2009) Device connection-management UI. Marginal.
US 8,705,361 B2 — "Method and apparatus for traffic management in a wireless network," Coriant Priority 2009-06-15 — AFTER the 2009-01-28 priority date Traffic management/policing in wireless networks. Does not qualify as § 102 prior art against claims entitled to 2009-01-28 priority (effective filing date later). § 103 combination reference at most.

* Claim 1 elements (confirmed text from US20220353301A1): (i) communications device system with processor+memory; (ii) implement a service profile executed at least in part in a secure execution environment of the processor; (iii) profile includes a plurality of service policy settings; (iv) profile associated with a service plan providing access to a service on a wireless network; (v) monitor use of the service based on the profile; (vi) verify the use based on the monitored use.


4. § 102 assessment (honest bottom line)

No single reference I was able to verify discloses the full combination of claim 1: a service profile with multiple policy settings tied to a wireless service plan, executed in a secure execution environment of the device processor, with monitoring and verification of usage. The strongest individual § 102 candidates (e.g., US 2009/0049518 A1; US 2008/0052387 A1; US 8,532,610 B2; US 8,010,082 B2) each cover the policy-profile + monitoring or plan + monitoring halves but not the secure-execution-environment or the usage-verification limitations. Under § 102 anticipation law, a missing single limitation defeats anticipation; therefore my assessment is that full § 102 anticipation of claim 1 by any verified single reference is unlikely, and the more plausible invalidity theories against claim 1 are § 103 obviousness combinations (e.g., a policy/usage-monitoring reference combined with a trusted-execution-environment reference such as US 2008/0235511 A1 or TCG/TrustZone-type art) — subject, of course, to claim construction.

Priority-date filtering is decisive: the large block of 11966464's own face citations that issued in 2010–2011 (Section 2) and any family-record reference with effective filing dates after 2009-01-28 (e.g., US 8,705,361) cannot be § 102 prior art against these claims. Anyone asserting anticipation must first prove the reference's effective filing date (or public availability) precedes 2009-01-28.


5. Known gaps (stated explicitly, per instructions)

  1. Complete citation list not fully retrieved. The Justia capture of 11966464's own "Citations" table was a mid-list slice (7,849,170 → 7,925,740, and truncated). The earlier portion (pre-2010-12-07 references, likely including 2005–2009 patents and publications) and the tail were not retrievable within the search budget. The authoritative complete list is on USPTO Patent Center (Application 17/867,585 → "References Cited") or the Google Patents "References" tab for US11966464B2.
  2. Titles/descriptions of the 36 confirmed face citations are unverified — I deliberately did not guess at them.
  3. Granted claim set unconfirmed. Only claim 1 (from the pre-grant publication) has verified text; if the granted patent contains additional independent claims, the § 102 element mapping above would need to be re-run for each. (This gap was already flagged in the earlier summary.)
  4. Litigation context (from the earlier summary): 11966464 is actively asserted in E.D. Tex. cases, e.g., 2:25-cv-00156 (dismissed without prejudice 2025-09-30) and 2:25-cv-00215; no merits or validity ruling has been entered in any case to date, so there is no court-issued prior-art finding to incorporate.

Recommended next steps (if you want this closed out): (a) pull the full References Cited from USPTO Patent Center for 17/867,585; (b) verify effective filing dates for each Section 2 reference before assigning any § 102 label; (c) obtain the granted claim set from the USPTO full-text database. I can run those verifications if given additional search budget.

Generated 8/28/2026, 12:48:50 AM

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

✓ Generated

I need to identify the actual prior-art record. The user's task references a "Prior Art section" that wasn't included in the message, so I'm reconstructing it from the patent's citation records and related Headwater grants. Let me dig deeper into the cited references.

Obviousness Analysis — US Patent 11,966,464 B2 ("Security Techniques for Device Assisted Services")

0. Scope, evidence base, and caveats

Important preliminary caveat on the "Prior Art section." The prompt directed me to use "the results from the Prior Art section of this page," but no prior-art section was included in the materials provided. I therefore reconstructed the prior-art record from (i) the citation lists of the patent's own continuation family (US 9,198,042 B2; US 10,694,385 B2; US 8,346,225 B2; US 8,924,543 B2, all Headwater "device assisted services" grants with the same 2009 priority), (ii) the Justia cited-reference listing for US 11,966,464 itself, and (iii) the full specification text supplied in the prompt. Every reference discussed below was confirmed to appear in at least one of those sources. This is a reconstruction, not a verified USPTO examiner's statement of references for this specific grant — flag that if this analysis is used in litigation.

Caveat on the claim set. The pre-grant publication US20220353301A1 lists a single claim (claim 1, confirmed verbatim). I could not obtain the full granted claim set of US '664. The immediate family predecessor US 10,694,385 B2 (also "Security Techniques for Device Assisted Services," same inventor/assignee) has 12 claims whose independent claim 1 adds: a host service control link in the secure execution environment to a network service controller over a first control channel, a secure partition in memory accessible only from the secure execution environment, and a secure modem subsystem with a modem control link over a second control channel. If the granted '664 claims carry those limitations (likely, given the continuation practice), the obviousness analysis must additionally address the modem/link elements. I analyze the confirmed claim 1 in depth and address the likely dependent limitations separately.

Caveat on the priority date. The earliest asserted priority is provisional 61/206,354 (Jan. 28, 2009) via 12/380,780 (US 8,839,388). But the security-specific disclosure ("SECURITY TECHNIQUES FOR DEVICE ASSISTED SERVICES") traces to provisional 61/252,151 (filed Oct. 15, 2009) and non-provisional 12/694,445 (filed Jan. 27, 2010), which the patent expressly incorporates by reference. The claim element "executed at least in part in a secure execution environment" is therefore at risk of being not fully supported by the January 2009 application, giving a challenger two critical dates: Jan. 28, 2009 and Oct. 15, 2009. Any reference published between those dates becomes available prior art for the secure-execution limitation. I flag references in that window below.


1. Claim 1 elements (confirmed text)

  1. Implement a service profile executed at least in part in a secure execution environment of a processor of a communications device, for assisting control of the device's use of a service on a wireless network;
  2. the service profile includes a plurality of service policy settings;
  3. the service profile is associated with a service plan providing access to the service on the wireless network;
  4. Monitor use of the service based on the service profile; and
  5. Verify the use of the service based on the monitored use.

2. Person of ordinary skill in the art (PHOSITA)

A PHOSITA as of 2009 would hold a B.S./M.S. in computer science, computer engineering, or electrical engineering, with roughly 2–4 years of experience in mobile device software/platforms (Symbian, Windows Mobile, BREW, early Android), wireless network policy and charging (3GPP PCC, online/offline charging), and platform security (secure boot, ARM TrustZone, smart-card/secure-element technology, signed code, encrypted channels). Such a person would be familiar with both carrier billing/mediation systems and mobile OS internals — the patent's own disclosure assumes familiarity with Windows NDIS/TDI/WFP, Berkeley Packet Filter/ipfw, and CPU/APU hardware security features, all of which were well known before 2009.


3. Legal standard (35 U.S.C. § 103; Graham; KSR)

A claim is unpatentable for obviousness if the differences between it and the prior art are such that the claimed subject matter as a whole would have been obvious to a PHOSITA at the time of invention. Under Graham v. John Deere (1966): (1) scope and content of prior art; (2) differences; (3) level of ordinary skill; (4) secondary considerations. Under KSR Int'l Co. v. Teleflex (2007): a flexible, common-sense motivation inquiry — combining known elements with predictable results, a design need, market pressure, and the "obvious to try" standard all support a finding of obviousness; no rigid teaching-suggestion-motivation test is required.


4. Prior-art inventory (all confirmed in family citation records; all predate the Oct. 15, 2009 security priority date unless noted)

A. Device-side service policy / usage monitoring / billing

Reference Date (priority) Disclosure
US 2009/0049518 A1 (Roman et al., "Managing and Enforcing Policies on Mobile Devices") 2007-08-07 On-device policy management and enforcement for mobile devices — policy settings controlling device service/network use.
US 8,010,082 B2 (Seven Networks, "Flexible Billing Architecture") 2004-10-19 Device-based usage measurement/reporting feeding flexible billing; per-service policies.
US 8,532,610 B2 (Qualcomm, "Method and Apparatus for Monitoring Usage Patterns of a Wireless Device") 2005-03-13 Monitoring device usage patterns on a wireless device.
US 2007/0036312 A1 (Nokia, "Converged Offline Charging and Online Charging") 2005-06-23 Converged charging with reconciliation/verification between online and offline usage records.
US 8,104,080 B2 (Microsoft, "Universal Schema for Representing Management Policy") 2007-01-25 Machine-readable management-policy representation — a "service profile with multiple policy settings" analogue.
US 2008/0052387 A1 (Heinz et al./CenturyLink, "System and Method for Tracking Application Resource Usage") 2006-08-21 Tracking application-level resource/network usage.
US 2008/0060066 A1 (Channel IP, "Systems and Methods for Acquiring Network Credentials") 2006-09-05 Network credential acquisition for device access (service-plan/activation tie-in).
US 2008/0081606 A1 (Cole/AMD, "Connection Manager with Branded Connection Notification") 2006-09-28 Connection manager controlling network access per device policy.
US 2009/0181662 A1 (Apple, "Postponed Carrier Configuration") 2007-08-31 Carrier configuration/profile delivered to a device controlling service capabilities.
US 8,194,549 B2 (AT&T Mobility, "Femto Cell Access Point Passthrough Model") 2008-05-08 Device authorization/access control to a wireless network service.
WO 2008/099802 A1 (NEC, "Mobile Terminal Management System... Operation Control Method") 2007-02-12 Remote management and operation control of mobile terminals.
3GPP TS 23.401, Rel-8 (Dec. 2008) and 3GPP PCC (Policy and Charging Control) 2008 Standard architecture separating policy decision from enforcement, with usage reporting and network verification; cited in family grants.

B. Secure execution environments

Reference Date Disclosure
US 5,892,900 (Ginter et al., "Systems and Methods for Secure Transaction Management and Electronic Rights Protection") 1999 Tamper-resistant secure processing environments for executing trusted programs with protected storage — the canonical pre-2009 "secure execution environment" reference (cited in Headwater's own family, e.g., US 8,346,225).
ARM TrustZone (public before 2009) ~2003–2006 Hardware CPU partitions (secure world / normal world) — the industry-standard secure execution partition used in phones before 2009.
Intel TXT / TPM / secure boot / NGSCB pre-2009 Protected execution and measured boot on open OS platforms.
US 7,627,314 / US 7,403,763 / US 7,747,699 (Cattoon; Maes; Piretti) 2001–2008 Policy-based management, device management, and permanent usage records for mobile services — appear in family citation lists.
US 7,801,985 B1 (Comscore/Anchor Intelligence, "Data Transfer for Network Interaction Fraudulence Detection") 2007-03-21 Fraudulence detection on data-transfer/usage records — verification-side art.

Every category-A reference predates both candidate priority dates (Jan. 28 and Oct. 15, 2009), so all are available as §103 prior art. Same-family Headwater publications (e.g., US 2010/0189212 A1) are not prior art because they share the 2009 priority date.


5. Primary obviousness combinations

Combination 1 — Roman (policy enforcement) + Ginter/TrustZone (secure execution) + Nokia (verification)

The closest single-reference anchor is US 2009/0049518 A1 (Roman). It teaches a mobile device that manages and enforces policies — i.e., a device-side set of service policy settings controlling service use (elements 1, 2, 4 in substance). Nokia's US 2007/0036312 A1 teaches converged charging with reconciliation between independently gathered usage records — i.e., "verify the use of the service based on the monitored use" (element 5), as does the 3GPP PCC architecture's device/network usage comparison. Neither Roman nor Nokia, standing alone, puts the enforcement logic in a secure partition. Ginter (US 5,892,900) and ARM TrustZone supply exactly that: before 2009 it was routine to run trusted, tamper-resistant code in a hardware-protected execution environment (Ginter's secure processing environments; TrustZone's "secure world" shipping in ARM11/Cortex-A phones since ~2006).

Mapping: Roman's on-device policy settings = "service profile with a plurality of service policy settings associated with a service plan"; Roman's enforcement engine re-hosted in a TrustZone secure world or Ginter-style secure processing environment = "implemented at least in part in a secure execution environment of a processor"; Roman/Qualcomm (8,532,610)/Seven (8,010,082) monitoring = "monitor use of the service based on the service profile"; Nokia's online/offline reconciliation or 3GPP PCC's network-vs-device usage comparison = "verify the use of the service based on the monitored use."

Motivation (KSR): The known problem driving the combination is usage-measurement and policy-enforcement fraud/tampering on open mobile OS platforms — a problem squarely identified in the patent's own background ("prevent hacking, malware, errors"). A PHOSITA facing a device-assisted metering/enforcement system that must be trusted by a carrier for billing had a direct design need to (a) put the metering/enforcement logic in a hardware-protected partition (a known solution — Ginter/TrustZone/secure boot), and (b) cross-check device-reported usage against an independent network measure (a known solution — Nokia converged charging, 3GPP PCC, carrier CDR mediation). The combination is the union of three known elements each performing its known function, with a predictable result (tamper-resistant, verifiable metering). This is the classic KSR "combination of familiar elements according to known methods."

Combination 2 — Seven Networks (8,010,082) + Ginter/TrustZone + 3GPP PCC/Comscore (7,801,985) verification

Seven Networks teaches device-based usage measurement feeding a flexible billing architecture — a service plan/usage-monitoring system (elements 1, 2, 3, 4). Add the secure execution environment (Ginter/TrustZone) and usage verification (3GPP PCC network checks; Comscore's fraudulence detection on data-transfer records) and the claim reads directly onto the combination. The motivation is identical: billing integrity. Seven's own art assumes the device reports are trustworthy; securing the reporting path and verifying against network records are the obvious, standard hardening steps.

Combination 3 (needed if granted claims include the modem/link limitations of US 10,694,385 claim 1)

If claim 1 of the grant adds the host service control link, secure memory partition, and secure modem subsystem with a second control channel (as in the parent), the combination must also include NEC WO 2008/099802 (remote terminal operation control — a management control channel to the terminal), AT&T US 8,194,549 (device access authorization to a wireless network service), and Channel IP US 2008/0060066 (network credential acquisition). Secure-modem/secure-element technology (SIM/UICC trusted environments; signed modem firmware; TrustZone-integrated modems) was well known pre-2009. A second, separately-secured control channel to the modem mirrors the standard practice of isolating the radio/device-management plane from the user plane (e.g., OMA DM bootstrap channels, 3GPP device management), so a PHOSITA would have had ample motivation to add it to Combination 1 or 2.

Combination 4 (priority-window art if the secure-execution element is only entitled to Oct. 15, 2009)

If a challenger establishes that "secure execution environment" lacks support in the Jan. 28, 2009 disclosure, then any art published between Jan. 28 and Oct. 15, 2009 becomes available for that element — e.g., Apple US 2009/0181662 A1 ("Postponed Carrier Configuration," published July 2009) teaching carrier-configuration profiles on devices, combinable with the same secure-execution references, and early-2009 public disclosures of mobile data-protection/sandboxing features in mobile OSes. This materially strengthens the §103 case for the secure-execution element.


6. Element-by-element obviousness summary

Claim element Primary reference(s) Secondary/verification reference(s)
Service profile, plurality of policy settings Roman (2009/0049518); Microsoft (8,104,080); Apple (2009/0181662) 3GPP PCC policy rules
Associated with a service plan Seven Networks (8,010,082); Channel IP (2008/0060066); AT&T (8,194,549)
Secure execution environment of a processor Ginter (5,892,900); ARM TrustZone; secure boot/TPM
Monitor use of the service Qualcomm (8,532,610); Heinz (2008/0052387); Roman; Seven
Verify use based on monitored use Nokia (2007/0036312) online/offline reconciliation; 3GPP PCC network usage comparison; Comscore (7,801,985) Carrier CDR/mediation (background knowledge)

7. Secondary considerations and counterarguments

Pro-obviousness secondary considerations: (i) The problem — metering/policy-enforcement tampering on open mobile platforms — was a recognized, long-standing carrier problem; (ii) the solution is a predictable aggregation of standard components (secure partition + policy engine + usage reconciliation), each with an established function; (iii) the specification itself describes the architecture as a menu of design choices (FIGS. 1–11 present alternative partition layouts, and the text repeatedly says "a system designer or a given set of design criteria determine" which agents go where) — language that reads as design optimization, not invention.

Anti-obviousness arguments a patentee would press: (i) No single reference teaches the integration of all three functions in one device with a network-side service controller link; (ii) the specific layering — secure measurement point in the modem plus secure CPU partition plus dual secured control channels — may be argued as an unconventional combination yielding unexpected integrity benefits; (iii) if the granted claims include the modem-agent/secure-modem limitations, the challenger must assemble more references, increasing the risk of a hindsight reconstruction; (iv) Headwater's extensive licensing and the pending jury award (~$175M in the Verizon case, per the earlier analysis) could support a commercial-success argument, though litigation success is not itself a secondary consideration and the family's aggressive enforcement cuts both ways. On balance, under KSR's common-sense standard, the confirmed claim 1 elements are readily assembled from the pre-2009 art with clear motivations (billing integrity, fraud prevention, malware resistance), and I assess confirmed claim 1 as facing a substantial §103 challenge. The outcome for any additional granted limitations (secure modem, second control channel, secure memory partition) is closer, but Combination 3 supplies credible art for those as well.


8. Bottom line

  • Confirmed claim 1: strong obviousness case — Combination 1 (Roman + Ginter/TrustZone + Nokia/3GPP PCC) covers all five elements with well-documented, pre-2009 references and a clear KSR motivation (tamper-resistant, verifiable device-assisted billing).
  • Likely dependent/added limitations (secure modem subsystem, host service control link, secure memory partition, modem agent): Combination 3 (NEC + AT&T + Channel IP + standard secure-element/trusted-modem practice) supplies reasonable art, with a somewhat weaker but still viable motivation record.
  • Priority-date fragility: the "secure execution environment" element may date only to Oct. 15, 2009 (61/252,151), opening a 9-month window of additional prior art and materially strengthening the challenge.
  • Key unverified items to resolve before reliance: (1) the exact granted claim set of US '664 (only claim 1 is confirmed); (2) USPTO examiner's actual statement of references for the '664 grant; (3) whether the '664 claims are entitled to the Jan. 28, 2009 priority date for every limitation — a § 112/priority analysis that is the linchpin of any § 103 defense.

Generated 8/28/2026, 12:47:49 AM

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