Invalidity dossier
US 8825084
System and method for determining action spot locations relative to the location of a mobile device
Current assignee: Snap Inc.
Added 9/28/2026, 8:05:03 PM
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Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll research this patent across authoritative sources, including checking for any CAFC 2026 activity.
Let me dig into the claim text and the litigation/appeal history specific to this patent.
US Patent 8,825,084 — Analyst Summary
Scope note: I searched for the literal identifier "8825084" (US 8,825,084 B2). Results for other numbers (e.g., 8,326,327; 8,825,083-class neighbors) were excluded from the identification below, with one clearly-labeled exception for a same-family sibling patent. No 2026-dated CAFC docket tied to US 8,825,084 surfaced in my searches, and search results contradicted by the authoritative full text were set aside in favor of the patent text.
1. Bibliographic data
| Field | Value |
|---|---|
| Patent number | US 8,825,084 B2 |
| Title | System and method for determining action spot locations relative to the location of a mobile device |
| Application number | US 13/648,167 |
| Filing date | October 9, 2012 |
| Priority date | August 27, 2010 (continuation of U.S. App. Ser. No. 12/870,676, filed Aug. 27, 2010) |
| Pre-grant publication | US 2013/0035116 A1 (Feb. 7, 2013) |
| Issue / grant date | September 2, 2014 |
| Inventors | James Allen Hymel; Jean Philippe Bouchard |
| Original assignee | Research In Motion Limited (later renamed BlackBerry Limited) |
| Current listed assignee | Malikie Innovations Ltd (via OT Patent Escrow, LLC, 2023) |
| Classifications | H04W4/023; H04W4/21 |
| Anticipated expiration (listed) | August 27, 2030 |
Source: https://patents.google.com/patent/US8825084/en
Caveat: Google Patents itself disclaims accuracy of the assignee list ("The listed assignees may be inaccurate"). The chain shown is RIM → BlackBerry Limited (change of name, 2014-06-11) → OT Patent Escrow, LLC (2023-04-27) → Malikie Innovations Limited (nunc pro tunc, June 2023), plus corrective assignments in Sept. 2023. If you need a legally clean chain, verify against USPTO Assignment records.
Related same-family patent (different number, cited only for context): US 8,326,327 B1 — same title and substantially the same specification; the district court described the '084 patent as a continuation sharing that specification. The two are commonly litigated together as the "action spot patents."
2. Abstract (verbatim)
"A system, server, mobile device, and method for determining action spot location. The action spot location can be determined relative to the location of a mobile device. The mobile device can include a display and a processor module communicatively coupled to the display. The system, server, mobile device, and method can receive data indicative of the current location of the mobile device, and determine at least one action spot relative to the current location of the mobile device. The action spot can be a location where at least one other mobile device has engaged in documenting action within a predetermined period of time from when the mobile device arrived at the current location."
Key coined term: "action spot" = "a location or an event where at least one activity is occurring relative to the current location of another mobile device." "Activity" = "an action taken by a mobile device," including documenting actions (texting, emailing, blogging, social-network posting) and recording actions (video, audio, photography).
3. Independent claims in plain language
Claim 1 — server-side claim (verbatim text confirmed)
"1. A server configured to: receive data indicative of a current location of a first mobile device; determine at least one action spot within a predetermined distance from the current location of the first mobile device, the at least one action spot corresponding to a location where at least one second mobile device has engaged in at least one documenting action, the documenting action including at least one of capturing images, capturing videos and transmitting messages; transmit the at least one action spot to the first mobile device; and transmit to the first mobile device, an indication of an activity level at the at least one action spot, wherein the activity level is based upon at least one of a number of images captured, a number of videos captured, and a number of messages transmitted."
Source: C.D. Cal. claim-construction ruling (Ex. 2004-41 in IPR2019-00923), https://www.docketalarm.com/cases/[PTAB](/ptab)/IPR2019-00923/
Plain-language breakdown of claim 1:
- Who performs it: a server (not the handset). The claim is apparatus-style ("configured to"), so the server need not actually be running—it only needs to be programmed/structured to do the steps.
- Receive location data for a first mobile device (the querying user's phone).
- Determine at least one "action spot" lying within a predetermined distance of that current location. The action spot must be a place where at least one second mobile device has performed a "documenting action." "Documenting action" is expressly limited to capturing images, capturing videos, and/or transmitting messages.
- Transmit the action spot(s) to the first mobile device.
- Transmit an indication of an "activity level" at that action spot — and the activity level must be computed from at least one of: number of images captured, number of videos captured, number of messages transmitted.
Claim-construction glosses from the district court (binding on how the claim reads in that litigation):
- "action spot" = "location or event where at least one activity is occurring relative to the current location of another mobile device."
- "activity level" = "level of actions taken by one or more other mobile devices" (the court rejected requiring a numerical tabulation for the indication).
- "predetermined distance" requires the distance to be set before the action spot is determined; no further construction was deemed necessary.
Claim 9 — second independent claim (asserted in litigation)
BlackBerry's complaint asserted claims 1 and 9 of the '084 patent (https://www.courtlistener.com/docket/[6949041](/patent/6949041)/1/blackberry-limited-v-snap-inc/), so claim 9 is an independent claim. I could not retrieve verbatim claim 9 text in this session, and I will not reconstruct it from memory. Given that the '084 abstract expressly describes "A system, server, mobile device, and method," the claim set plausibly includes independent claims of different statutory categories beyond the server claim; claim 6 appears to be dependent (Snap's briefing referred to "the independent claims and Claim 6 of the '084 Patent"). Treat any specific characterization of claim 9 as unverified until you pull the granted claims from USPTO PatentCenter or the printed patent.
Practical note on scope: claim 1 is drafted broadly — the "predetermined distance" can be very large (the specification lists up to "twenty miles" and "any other distance"), and the specification expressly contemplates deriving action spots by monitoring data-packet transmissions, an external carrier server, an internet site, or a third-party server scraping social-network/virtual-posting activity.
4. Post-grant proceedings, litigation, and appeals
| Proceeding | Identifier | Status / note |
|---|---|---|
| PTAB (IPR) | IPR2019-00714 (petitioner: Unified Patents) | Recorded on the Google Patents family page as filed with a Final Written Decision. I could not independently confirm the FWD's claim-by-claim outcome. Link: https://portal.unifiedpatents.com/ptab/case/IPR2019-00714 |
| District court | BlackBerry Ltd. v. Snap Inc., C.D. Cal. No. 2:18-cv-02693 | '084 asserted (claims 1 and 9) against Snapchat "Snap Map" heat maps. Link: https://portal.unifiedpatents.com/litigation/California%20Central%20District%20Court/case/2%3A18-cv-02693 |
| District court | BlackBerry Ltd. v. Facebook, Inc., C.D. Cal. No. 2:18-cv-01844-GW-KS | '084 and '327 claims held, at Alice step one, directed to the abstract idea of "locating and mapping activity of interest," with dependent claims insufficient to change the focus (see amended minutes, Dkt. 487; https://caselaw.findlaw.com/court/us-dis-crt-cd-cal/[2109053](/patent/2109053).html) |
| CAFC | No. 20-1258 | Listed on the family page as a Federal Circuit case (no 2026 activity found) |
| CAFC | No. 21-1129 | Listed on the family page as a Federal Circuit case (no 2026 activity found) |
On the specific "CAFC 2026 dockets" request: My searches surfaced no 2026 Federal Circuit docket naming US 8,825,084. The results returned in response to that query concerned unrelated patents/cases (e.g., Ideahub Inc. v. Unified Patents, LLC, No. 2024-1684; Spero v. Mercedes-Benz USA, No. 2025-1470; Genuine Enabling Technology LLC v. Nintendo), and I am excluding them as not pertaining to this number per your instruction. If you need certainty, the authoritative check is the CAFC docket/opinion search and the USPTO PatentCenter "Proceedings" tab for 13/648,167.
Notable posture point: The '084 patent is currently listed as Active with anticipated expiration 2030-08-27, notwithstanding the adverse district-court eligibility ruling involving this family and the IPR filing. Those two facts are not inconsistent — a district-court invalidity judgment under § 101 does not, by itself, change the Office's legal-status field.
5. Confidence and uncertainty statement
- High confidence: title, application number, filing date, priority/continuation lineage, pre-grant publication, issue date, inventors, classifications, abstract text, anticipated expiration, claim 1 verbatim text and its plain-language meaning, and the C.D. Cal. claim constructions.
- Moderate confidence: the exact current ownership chain (self-reported as potentially inaccurate by the aggregator) and the IPR2019-00714 final outcome (filing and FWD existence are reported; the disposition is not confirmed here).
- Explicitly unverified: the verbatim text of independent claim 9 and any other independent claims, and the outcomes of CAFC Nos. 20-1258 and 21-1129. I have not fabricated these; they require retrieval from the printed patent and the Federal Circuit docket respectively.
- Not found: any 2026 CAFC docket or 2026 proceeding specifically identifying US 8,825,084.
Primary URLs
- Patent: https://patents.google.com/patent/US8825084/en
- Snap complaint (claim 1 mapping, claims 1 & 9 asserted): https://www.courtlistener.com/docket/6949041/1/blackberry-limited-v-snap-inc/
- Facebook/Snap eligibility ruling: https://caselaw.findlaw.com/court/us-dis-crt-cd-cal/2109053.html
Generated 9/28/2026, 8:11:16 PM
Cases on file (3)
Group view →Specific litigation cases in our database that name US patent 8825084. The free-form analysis below may also discuss cases beyond this list.
- Snap Inc. v. BlackBerry Limitedfiled Feb 22, 2019IPR2019-00714USPTO Patent Trial and Appeal BoardFinal Written Decision
Defendants: BlackBerry Limited
- 2:18-cv-02693-GW-(KSx)U.S. District Court, Central District of California (Western Division)judgment
Defendants: Snap Inc.
Other patents asserted: 8326327
- 2020-1258U.S. Court of Appeals for the Federal Circuiton appeal
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll search for litigation involving US patent 8825084 across patent litigation databases.
Let me search for the specific cases mentioned in the patent record.
Let me search for the outcomes of the PTAB proceeding and the Federal Circuit appeals.
I've reached the search-tool limit, so here is what I was able to confirm from the records retrieved, with careful attention to the exact patent number US 8,825,084 (the "action spot" continuation patent titled "System and method for determining action spot locations relative to the location of a mobile device"). I did not find any other litigation asserting the '084 patent beyond the items below, and I found no district-court case in which the '084 patent was asserted against anyone other than Snap Inc.
Known litigation involving U.S. Patent No. 8,825,084
1. BlackBerry Limited v. Snap Inc. — District Court
- Plaintiff: BlackBerry Limited (Canadian corporation; original assignee chain: Research In Motion → BlackBerry → later OT Patent Escrow, LLC → Malikie Innovations Ltd.)
- Defendant: Snap Inc. (Delaware corporation)
- Jurisdiction: U.S. District Court, Central District of California (Western Division)
- Case No.: 2:18-cv-02693-GW-(KSx) (assigned to Judge George H. Wu)
- Filing date: April 2018 (the case number sequence 2:18-cv-02693 is consistent with an early-April 2018 filing; the complaint asserted several BlackBerry patents)
- Relationship to other cases: This case was related to and consolidated for pretrial purposes with BlackBerry Limited v. Facebook, Inc., WhatsApp Inc., and Instagram, LLC, No. 2:18-cv-01844-GW-(KSx) (lead consolidated case). Importantly, the two "action spot" patents — U.S. 8,326,327 ("the '327 patent") and U.S. 8,825,084 ("the '084 patent") — were asserted only against Snap, not against the Facebook defendants. (Source: BlackBerry's Opening Claim Construction Brief, C.D. Cal. No. 2:18-cv-01844, which separately lists "[d]isputed Terms For Snap-Only Patents … The '327 and '084 Patents.")
- Outcome / current status: In an order dated September 5, 2019 (with final rulings issued shortly thereafter), Judge Wu ruled on six consolidated motions. As to the action-spot patents, the court granted Snap's Motion for Summary Judgment of Invalidity under 35 U.S.C. § 101 as to U.S. Patent Nos. 8,825,084 and 8,326,327 (motion item (4) in the court's "Final Rulings" list). RPX reported that the court, applying Alice, invalidated BlackBerry claims under § 101 in these proceedings. BlackBerry had also filed a motion for partial summary judgment of infringement of the '084 patent against Snap (motion item (5)); that motion did not prevail given the invalidity ruling. (Note: I was unable to retrieve the full final judgment / dismissal docket entry for the Snap case before exhausting my search steps; the § 101 invalidity grant is well documented, but I would verify the precise final disposition docket before relying on it.)
2. IPR2019-00714 — Patent Trial and Appeal Board
- Petitioner: Snap Inc.
- Patent Owner: BlackBerry Limited
- Forum: USPTO Patent Trial and Appeal Board (inter partes review)
- Case No.: IPR2019-00714
- Filing date (petition): February 22, 2019
- Patent / claims challenged: U.S. Patent No. 8,825,084 — claims 1, 2, 5, 6, 9, 10, 12, 13, and 15
- Outcome / current status: The Google Patents litigation record for the '084 patent lists this as a "PTAB case IPR2019-00714 filed (Final Written Decision)," meaning the Board issued a Final Written Decision and the proceeding is no longer pending. I was not able to confirm from the retrieved materials whether all challenged claims were cancelled or upheld; that specific outcome should be verified directly from the PTAB's Final Written Decision before being relied upon.
3. Federal Circuit appeals
The '084 patent family is flagged as having two appeals filed in the U.S. Court of Appeals for the Federal Circuit:
- Case No. 2020-1258
- Case No. 2021-1129
These correspond to the appellate activity flowing from the Central District of California litigation and/or the PTAB proceeding described above. (For context, a separate, non-'084 appeal, No. 2020-1256, was BlackBerry's appeal of the C.D. Cal. final judgment on the '351 and '929 patents and is not an '084 appeal.) I was unable to confirm the specific outcomes of CAFC Nos. 2020-1258 and 2021-1129 before exhausting my search steps, so I cannot state their dispositions with confidence.
Notes and caveats
- Only one district-court suit is associated with the '084 patent in the records I could access: the Snap case (2:18-cv-02693). The parallel BlackBerry v. Facebook/WhatsApp/Instagram case (2:18-cv-01844) did not assert the '084 patent.
- Same-number trap avoided: I did not conflate U.S. 8,825,084 with the numerous unrelated patents appearing in search results (e.g., U.S. 8,862,508 "Unified Electronic Banking Environment" in Unified Patents v. mCom IP, IPR2022-00055; U.S. 8,326,327, the '084's parent; U.S. 8,026,084; or the various § 101 patents in the BlackBerry campaigns).
- The '084 patent is the continuation of U.S. 8,326,327; both share the "action spot" specification and both were asserted only against Snap.
- Ownership has since changed: BlackBerry Limited → OT Patent Escrow, LLC (2023) → Malikie Innovations Limited (2023). This affects who would be the current real party in interest but does not itself constitute new litigation.
- A separate German BlackBerry patent campaign (Munich Regional Court, file no. 7 O 5314/18, BlackBerry v. Facebook) concerned different patents (four BlackBerry patents relating to "Suggested Friends" and WhatsApp chat-history emailing) and does not involve the '084 patent.
Bottom line: For US 8,825,084 I can confirm (a) the Central District of California suit BlackBerry v. Snap, No. 2:18-cv-02693-GW-(KSx), filed April 2018, in which the § 101 invalidity of the '084 was adjudicated in Snap's favor in 2019, and (b) the related PTAB IPR2019-00714 (petition filed Feb. 22, 2019) that reached a Final Written Decision, plus (c) two Federal Circuit appeals (Nos. 2020-1258 and 2021-1129). The precise dispositions of the IPR and the two appeals are the items I could not verify and would recommend confirming on the PTAB and CAFC dockets (or on the Unified Patents litigation portal at https://portal.unifiedpatents.com/litigation/) before filing.
Generated 9/28/2026, 8:11:09 PM
Proceedings on file (0)
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: Snap Inc.
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
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.
I'll start by verifying what the structured block says against what the patent record itself flags, then search for the specific proceeding numbers referenced in the patent's litigation metadata.
The Google Patents record itself flags a PTAB case (IPR2019-00714) and Federal Circuit appeals. Let me run those down specifically.
Found it — IPR2019-00714 appears to be Snap Inc. v. BlackBerry Limited on this patent. Let me confirm the patent, claims, and outcome, plus the appeals.
Sourcing note (read first)
The structured "PTAB proceedings on file" block says the USPTO ODP API returns no AIA trial proceedings for US 8,825,084. That is not the end of the story: the Google Patents record for US8825084B2 itself carries a litigation-metadata entry reading "PTAB case IPR2019-00714 filed (Final Written Decision)", with Federal Circuit dockets 21-1129 and 20-1258 and the C.D. Cal. case 2:18-cv-02693 listed in the same family-litigation block. Web search corroborates one PTAB trial. I therefore treat the ODP "no activity" result as an ingest gap, not a substantive finding, and I flag below exactly what I could and could not verify. I exhausted my search budget before I could pull the Final Written Decision text itself, so claim-level dispositions are marked as unverified rather than guessed.
Proceedings overview
One AIA trial proceeding is on file — IPR2019-00714 (Snap Inc. v. BlackBerry Limited), Final Written Decision issued 2020-09-01, now on Federal Circuit appeal (No. 21-1129) — with no institution denials, no settlements, and no PGR/CBM activity identified; the claim-level outcome is not verifiable from the public sources I could retrieve, so the honest defensive posture is "one IPR ran to FWD and is on appeal — the '084's validity depends on how that FWD and appeal resolve, and I cannot yet tell you which claims died."
The single most important defensive fact I did verify does not come from the PTAB at all: in the consolidated C.D. Cal. case, Judge George H. Wu found the asserted claims of US 8,825,084 (the '084 patent) — and its sibling US 8,326,327 (the '327 patent) — drawn to an abstract idea under Mayo/Alice Step One and rejected BlackBerry's Step Two arguments (Docket Nos. 244, 272; BlackBerry Ltd. v. Facebook, Inc., Nos. 2:18-cv-01844-GW-(KSx) & 2:18-cv-02693-GW-(KSx)). Any defendant facing this patent today should lead with § 101, not with the IPR.
IPR2019-00714 — Snap Inc. v. BlackBerry Limited
- Type: Inter Partes Review (35 U.S.C. §§ 311–319)
- Filed: 2019-02-22 (per Patexia Research case summary)
- Status: Final Written Decision (issued 2020-09-01); on appeal to the U.S. Court of Appeals for the Federal Circuit, No. 21-1129. Google Patents reports the case as "IPR2019-00714 filed (Final Written Decision)." No termination, no settlement, no adverse-judgment entry found.
- Judge panel: Miriam L. Quinn, Michael R. Zecher, and Robert J. Weinschenk (APJs); opinion authored by APJ Quinn (per Patexia).
- Petition grounds: Not verifiable from the sources I retrieved. Patexia reports the claims challenged in the petition as 1, 2, 5, 6, 9, 10, 12, 13, and 15. I could not retrieve the statutory basis (§ 102 / § 103) or the specific prior-art references, and I will not invent them. Note that this petitioner was Snap, a defendant in the parallel C.D. Cal. action, so the art is likely to overlap the district-court invalidity case.
- Institution decision: Instituted, decision dated 2019-09-04 (per Patexia). I could not retrieve the institution Decision's reasoning (the "claims instituted" field was blank in the retrieved summary). The gap between the 2019-09-04 institution date and the 2020-09-01 FWD is ~12 months, consistent with the statutory § 316(a)(11) one-year trial clock from institution.
- Final Written Decision: Issued 2020-09-01. ⚠️ I could not verify the claim-level verdict — which challenged claim (if any) was held unpatentable and which survived. The retrieved Patexia summary exposed the "Claims Instituted" and "Claims Invalidated" fields but both were empty in the returned content. Do not rely on any claim-level characterization of this FWD without pulling the document. The FWD is public at PTAB E2E / the PTAB Decisions site under IPR2019-00714; that is the single document to pull next.
- Settlement / termination: None found. The case ran to FWD, so § 317 settlement is not in the record I retrieved.
- Appeal: Yes — CAFC No. 21-1129, listed by Patexia as the appeal from IPR2019-00714 and by Google Patents in the patent's family-litigation block. I could not verify the appellant (Snap would appeal a claim-sustained outcome; BlackBerry would appeal a claim-canceled outcome), the issues on appeal, or the disposition. A separate CAFC docket, No. 20-1258, is also listed in the Google Patents family block; its underlying proceeding and outcome are unverified. (Related but distinct: BlackBerry Limited v. Hirshfeld, Fed. Cir. No. 21-1124, opinion 2021-11-08 — this arose from the BlackBerry/Facebook PTAB track and I have not confirmed it concerns the '084.)
- Defensive value: The IPR exists, it was instituted on a Snap petition, and it is now on appeal — so the '084's PTAB story is not closed, and the winning claim-level argument from that FWD (whatever it is) will be in the Federal Circuit record and available to you as a roadmap. But because the FWD outcome is unverified, do not build a defense on the assumption that any claim was canceled. Press the § 101 route first: Judge Wu found the '084 and '327 asserted claims abstract, which is a far cheaper and already-litigated kill-shot than a fresh IPR.
Strategic summary
Which claims are CANCELED vs. SUSTAINED vs. UNTESTED. I cannot state this for the '084 with confidence, and I will not guess. What is known: the patent issued with independent and dependent claims up to at least claim 15 (the petition challenged claims 1, 2, 5, 6, 9, 10, 12, 13, and 15, which is consistent with a three-independent-claim architecture — 1, 9, and 15 — with dependents carrying the "indication of the level of activity" limitations, e.g., the "coloring the graphical item in accordance with a range of activity" limitation the district court discussed). Whether claims 1, 9, and/or 15 survived the FWD is the open question. Separately, the district court held the asserted claims of the '084 invalid under § 101; the exact set of asserted claims and the precise disposition verb for Snap's motion (Docket No. 272) should be read off the Docket No. 400-range order in BlackBerry Ltd. v. Facebook, Inc. rather than inferred.
Estoppel landscape. IPR2019-00714's petitioner was Snap Inc. Under 35 U.S.C. § 315(e)(2), Snap — and any real party in interest or privy — is estopped in the C.D. Cal. action from asserting, against a claim that received an FWD, any ground it raised or reasonably could have raised in the IPR. If you are not Snap, Instagram, WhatsApp, Facebook, or their privy, that estoppel does not bind you: the full prior-art universe remains open to you in district court or in your own IPR. Watch one wrinkle — Snap and the Facebook defendants jointly coordinated claim construction in the consolidated cases; that coordination is not automatically privity for estoppel purposes, but expect a plaintiff to argue it is once you start serving invalidity contentions borrowed from the IPR. Also note the § 315(b) one-year bar: if you have already been served with a complaint asserting the '084, your own IPR window may be closing, and a follow-on petition now also risks a General Plastic / Fintiv discretionary denial in a way it would not have in 2019.
Pattern signals. This is not a Unified Patents–driven case: the IPR flag on the Google Patents page links to Unified's PTAB data portal (Unified licenses its PTAB dataset to Google), which is a data source, not evidence that Unified filed. The petitioner of record is Snap. There is no evidence of multiple IPRs by the same petitioner against the '084 — only one proceeding is flagged. What is visible is the opposite pattern: BlackBerry was the aggressor, asserting the '084 against Snap in 2:18-cv-02693, and the defense side mounted a coordinated, multi-front attack (11 patents, Facebook + Instagram + WhatsApp + Snap) that resulted in § 101 knockouts on multiple BlackBerry patents. The patent's current owner of record is Malikie Innovations Limited (via OT Patent Escrow, LLC, 2023), i.e., a monetization entity — which raises the odds of new assertion activity and, correspondingly, of fresh IPR interest.
Recommended next steps
- Pull the IPR2019-00714 FWD (2020-09-01) from PTAB E2E and read the "Conclusion" section verbatim before making any claim-level representation. I could not verify it here, and it controls everything downstream. Then pull the CAFC No. 21-1129 docket and the Rule 36 judgment or opinion to see who appealed and what survived.
- Pull the C.D. Cal. § 101 order in BlackBerry Ltd. v. Facebook, Inc., Nos. 2:18-cv-01844 and 2:18-cv-02693 (the ruling on Docket Nos. 239, 244, 272, and 401), which holds the asserted claims of the '084 and '327 abstract under Alice Step One. Quote that disposition in your first responsive pleading — it is the highest-leverage material on this patent.
- If you are a defendant and the FWD canceled claims, link directly to the FWD on PTAB E2E or the PTAB Decisions site and quote the disposition line; a demand letter citing a canceled claim is sanction-exposed. If the FWD sustained the claims, your realistic paths are (a) § 101/§ 112 in district court, and (b) your own IPR — but only if you are outside the § 315(b) one-year bar and can clear Fintiv / General Plastic.
- No PTAB activity is not the correct takeaway here despite the ODP block. The ODP result appears to be an indexing gap; the patent's own Google Patents record and third-party PTAB trackers both show IPR2019-00714 with an FWD and a live Federal Circuit appeal. Treat the docket as open, not quiet.
Generated 9/28/2026, 8:11:51 PM
Ownership chain (7)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
? · recorded 2012-11-16 · Assignment
Hymel, James Allen; Bouchard, Jean PhilippeRESEARCH IN MOTION LIMITED
initial inventor assignment
2013-08-13 · recorded 2014-06-11 · Change of Name
RESEARCH IN MOTION LIMITEDBLACKBERRY LIMITED
change of name only
2023-03-20 · recorded 2023-04-27 · reel 063471/0474 · Assignment
BLACKBERRY LIMITEDOT PATENT ESCROW, LLC
Correspondent: Richard J. Botos · Botos Churchill IP Law
portfolio disposition
2023-03-20 · recorded 2023-06-16 · reel 064015/0001 · Nunc Pro Tunc Assignment
OT PATENT ESCROW, LLCMALIKIE INNOVATIONS LIMITED
Correspondent: Richard J. Botos · Botos Churchill IP Law
transfer-to-asserter
2023-03-20 · recorded 2023-06-19 · reel 064066/0001 · Nunc Pro Tunc Assignment
BLACKBERRY LIMITEDMALIKIE INNOVATIONS LIMITED
Correspondent: Richard J. Botos · Botos Churchill IP Law
transfer-to-asserter
2023-09-05 · Corrective Assignment
BLACKBERRY LIMITEDOT PATENT ESCROW, LLC
Correspondent: · Botos Churchill IP Law
administrative correction
2023-09-05 · Corrective Assignment
OT PATENT ESCROW, LLCMALIKIE INNOVATIONS LIMITED
Correspondent: · Botos Churchill IP Law
administrative correction
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.
I'll start by pulling the recorded assignment data for the '084 patent from the USPTO assignment records and cross-referencing the 2023 BlackBerry→Malikie chain.
Strong lead: a PTAB chain-of-title exhibit names reel/frame entries and a recording attorney. Let me nail down the correspondent and the inventor-assignment reel.
Assignment & Ownership Analysis — US 8,825,084 ("action spot" patent)
Correction/flag on earlier sections: the first summary listed Unified Patents as the IPR2019-00714 petitioner. That appears to be a misread of the Google Patents string "Petitioner: 'Unified Patents PTAB Data' by Unified Patents", which is a data-source attribution license line, not a party identification. The later litigation section's statement (petitioner = Snap Inc.) is the more defensible reading, and I adopt it here. This does not affect the ownership analysis below.
Inventors
| Inventor | Employer at filing | Notes |
|---|---|---|
| James Allen Hymel | Research In Motion Limited (RIM) | Named on the worldwide assignment of record to RIM; individual work location not verified in this session |
| Jean Philippe Bouchard | Research In Motion Limited (RIM) | Same |
Both inventors are recorded as assignors on the 2012-11-16 "ASSIGNMENT OF ASSIGNORS' INTEREST" recorded against this application (Google Patents legal events, US 2012/0035116 A1 lineage; https://patents.google.com/patent/US8825084/en).
Unusual-pattern check: I found no evidence of either inventor departing RIM/BlackBerry within 12 months of filing, and no evidence of inventor-held residual rights, liens, or later inventor-side assignments. The inventors executed a standard "WORLDWIDE ASSIGNMENT" form of the type RIM used portfolio-wide (compare the RIM assignment specimens at legacy-assignments.uspto.gov, e.g. reel 055766/0461 and reel 030327/0414), which conveys all right, title and interest plus the right to sue for past infringement. Not present / no data on an inventor-departure signal.
Original assignee
Research In Motion Limited (295 Phillip Street, Waterloo, Ontario N2L 3W8, Canada), renamed BlackBerry Limited effective with a name change dated 2013-08-13 (UK IPO register entry for the family; the U.S. change-of-name recording was made 2014-06-11).
- Primary line of business: wireless handheld devices, secure messaging (BlackBerry/BBM), enterprise server software, and — increasingly after ~2010 — a large patent licensing program.
- Products embodying the claims: unclear / no evidence. RIM shipped map and location features (BlackBerry Maps, BBM location sharing) and the specification's server/handset architecture is consistent with carrier-side and social-posting monitoring, but I found no evidence that RIM/BlackBerry ever commercialized a branded server that "determines action spots" from other devices' documenting actions and transmits an activity-level indication as claimed. Claim 1 is also drafted at the server level, not the handset, which is one reason the patent reads as a concept rather than a shipped feature.
- Current status: operating (NYSE: BB), no bankruptcy. BlackBerry remains a going concern (software/IoT/cybersecurity), which rules out the bankruptcy-fire-sale category for this chain.
Assignment timeline
Every entry below is a recorded assignment appearing in the Google Patents legal-events record for the '084, cross-checked against a PTAB chain-of-title exhibit and the UK IPO register for the sibling family. Reel/frame is given where a source states it; where I could not verify the reel/frame I say so rather than guess.
Executed 2012-10 (approx.) / recorded 2012-11-16 — Reel/Frame: not verified
- Conveyance: Assignment of Assignors' Interest ("SEE DOCUMENT FOR DETAILS")
- Assignor: Hymel, James Allen; Bouchard, Jean Philippe
- Assignee: Research In Motion Limited (Waterloo, Ontario)
- Correspondent: not verified — RIM's recordation correspondents in this era were mixed (Finnegan, Henderson, Farabow, Garrett & Dunner LLP appears as correspondent on RIM/RIM Corp filings such as reel 030327/0414 via Bryan C. Diner; Fish & Richardson P.C. appears on others, e.g. reel 055766/0461). I cannot attribute this specific entry.
- Context: initial inventor assignment to the operating company (standard employment-worldwide assignment).
Executed 2013-08-13 (per UK register) / recorded 2014-06-11 — Reel/Frame: not verified
- Conveyance: Change of Name (no change in beneficial ownership)
- Assignor: Research In Motion Limited
- Assignee: BlackBerry Limited
- Correspondent: not verified
- Context: internal corporate renaming only.
Executed 2023-03-20 (deed date per UK IPO register entries for the family) / recorded 2023-04-27 — Reel 063471 / Frame 0474
- Conveyance: Assignment of Assignor's Interest
- Assignor: BlackBerry Limited
- Assignee: OT Patent Escrow, LLC (200 West Madison, 37th Floor, Chicago, IL 60606)
- Correspondent: Botos Churchill IP Law LLP / Richard J. Botos (USPTO Reg. No. 32,016), 430 Mountain Avenue, Suite 401, New Providence, NJ 07974 — see signal 3 below; Botos recurs across this chain and across other Key Patent Innovations entities.
- Context: portfolio disposition / transactional conduit — OT Patent Escrow is the escrow vehicle for the ~32,000-asset BlackBerry→Malikie sale (see also the aborted 2022 Catapult IP Innovations deal at a $600M ask).
Executed 2023-03-20 / recorded 2023-06-16 — Reel 064015 / Frame 0001
- Conveyance: Nunc Pro Tunc Assignment
- Assignor: OT Patent Escrow, LLC
- Assignee: Malikie Innovations Limited (The Glasshouses GH2, 92 Georges Street Lower, Dun Laoghaire, Dublin A96 VR66, Ireland)
- Correspondent: Botos Churchill IP Law LLP / Richard J. Botos
- Context: transfer to the acquiring licensing entity.
Executed 2023-03-20 / recorded 2023-06-19 — Reel 064066 / Frame 0001
- Conveyance: Nunc Pro Tunc Assignment
- Assignor: BlackBerry Limited
- Assignee: Malikie Innovations Limited
- Correspondent: Botos Churchill IP Law LLP / Richard J. Botos
- Context: parallel direct conveyance from the seller — belt-and-braces recordation to close any gap left by the escrow route.
Executed/dated 2023-09-05 / recorded 2023-09-05 — Reel/Frame: entry corrects Reel 063471/0474
- Conveyance: Corrective Assignment (to delete application no. 12/817,157 from the cover sheet previously recorded at reel 063471 frame 0474)
- Assignor: BlackBerry Limited
- Assignee: OT Patent Escrow, LLC
- Correspondent: Botos Churchill IP Law LLP (same chain)
- Context: administrative correction to the escrow conveyance.
Executed/dated 2023-09-05 / recorded 2023-09-05 — Reel/Frame: entry corrects Reel 064015/0001
- Conveyance: Corrective Assignment (to correct the 12/817,157 application number previously recorded at reel 064015 frame 0001)
- Assignor: OT Patent Escrow, LLC
- Assignee: Malikie Innovations Limited
- Correspondent: Botos Churchill IP Law LLP
- Context: administrative correction to the escrow→Malikie conveyance.
No security agreement, license, merger, or release recordings surfaced for this patent, and no post-2023 recording moving the '084 out of Malikie surfaced.
Independent corroboration of the reel/frame entries: a PTAB chain-of-title exhibit filed in a later BlackBerry/Malikie matter lists, for a Malikie-owned BlackBerry patent, "From: BLACKBERRY LIMITED To: OT PATENT ESCROW, LLC … Reel 063471, Frame 0474"; "From: OT PATENT ESCROW, LLC To: MALIKIE INNOVATIONS LIMITED … Reel 064015, Frame 0001"; and "From: BLACKBERRY LIMITED To: MALIKIE INNOVATIONS LIMITED … Reel 064066, Frame 0001," and is signed /Richard J. Botos/, 2023-12-27 (https://ptacts.uspto.gov/ptacts/public-informations/petitions/[1558566](/patent/1558566)/download-documents). The same exhibit shows an earlier RIM-link recording at Reel 034045/0741; because the exhibit's property list is not fully visible in the retrieved text, I do not attribute 034045/0741 to the '084 — treat the 2012 inventor assignment's reel/frame as unverified.
Side note on the 2023 deal economics (for the "fire-sale" inquiry): IAM reports the transaction at $170M at closing plus $30M within three years, for ~32,000 assets, with a revenue-sharing back-end capped at $700M, financed by Centerbridge Partners, and estimated at 8 years average remaining life (https://www.keypatentinnovations.ie/_files/ugd/db9e63_28f44d1cc9154ddda776bfe91ee0b2f9.pdf). That is a bulk portfolio sale, not a distressed liquidation.
Timeline diagram
timeline
title Ownership of US 8825084
2010 : Priority application filed by RIM
2012 : Inventors assign to Research In Motion
: Continuation filed as 13-648167
2013 : RIM name change to BlackBerry Limited
2014 : Patent issues as US 8825084
: Change of name recorded at USPTO
2018 : BlackBerry sues Snap on this patent
2019 : Claims invalidated under 35 USC 101
: IPR2019-00714 reaches final decision
2023 : BlackBerry assigns to OT Patent Escrow
: Deed executed 20 March 2023
: OT Escrow assigns to Malikie Innovations
: BlackBerry assigns to Malikie nunc pro tunc
: Corrective assignments recorded in September
NPE / troll-pattern signals
Shell-entity transfer — PRESENT. BlackBerry Limited, an operating company, conveyed the patent to OT Patent Escrow, LLC (reel 063471/0474, deed dated 2023-03-20) and then to Malikie Innovations Limited (reels 064015/0001 and 064066/0001). OT Patent Escrow, 200 West Madison, 37th Floor, Chicago, IL 60606, is a transactional escrow conduit with no product line; Malikie is a licensing-only Irish entity at a shared Glasshouses address that it shares with its parent-beneficiary Key Patent Innovations Ltd. (both named as plaintiffs in Malikie's suits, e.g. E.D. Tex. 2:25-cv-00519, where KPI is pleaded as "the beneficiary of a trust pursuant to which Malikie owns, holds, and asserts the Asserted Patents"). That trust structure is itself a shell-adjacent tell.
Known asserter in the chain — PRESENT. Malikie is a serial filer and is described as a non-practicing entity in mainstream IP reporting (Finnegan's SEP round-up: "Malikie, a non-practicing entity, acquired the asserted patents from BlackBerry Ltd. in a deal that included approximately 32,000 patent assets for $170M"; https://www.finnegan.com/print/content/[409999](/patent/409999)/). Filed campaigns include Acer, ASUSTeK and D-Link (2024), Malikie v. Nintendo, W.D. Wash. 2:24-cv-01490, and Malikie v. Core Scientific, E.D. Tex. 2:25-cv-00519. Malikie / Key Patent Innovations / Pictiva Displays are all surfaced in USPTO PTAB filings as recurring NPE-side parties. It does not match the legacy name list in the prompt (Acacia, Marathon, IV, etc.) — the finding rests on adjudicated conduct, not the name.
Repeat correspondent across the chain — PRESENT. Richard J. Botos, Reg. No. 32,016, Botos Churchill IP Law LLP, 430 Mountain Avenue, Suite 401, New Providence, NJ 07974, appears on the 2023-12-27 chain-of-title submission covering reels 063471/0474, 064015/0001 and 064066/0001 (PTAB petition 1558566), and on a separate PTAB filing expressly made on behalf of "Malikie" at the same address (petition 1557497, signed /Richard J. Botos/, 2024-05-24). The recurrence is broader than this one patent: a 2026-dated Botos filing appears for Pictiva Displays International Limited (a Key Patent Innovations subsidiary) in IPR2026-00129 (Samsung Display v. Pictiva), and Botos Churchill is shown as filer for TNT IP LLC from the same New Providence address in another PTAB exhibit. Caveat for precision: Botos Churchill also does ordinary prosecution work for BlackBerry Limited (a top-10 applicant for the firm per PatentBots), so the signal is recurrence across the NPE family and the same address, not a single appearance.
Cascading transfers — PRESENT (moderate). Five USPTO recordings in a single calendar year: 2023-04-27, 2023-06-16, 2023-06-19, and two on 2023-09-05, moving the asset through OT Patent Escrow to Malikie, with the same correspondent and the same deed execution date (2023-03-20), plus dual parallel conveyances (escrow route and direct BlackBerry→Malikie). That is textbook chain-engineering, though the short interval is explained by a single bulk transaction rather than an attempt to obscure ownership.
Pre-litigation transfer (named patent) — NOT PRESENT. For the '084 specifically, the transfer to the asserting entity (2023) came after the enforcement window: the '084 was asserted by BlackBerry itself against Snap (C.D. Cal. 2:18-cv-02693, ~April 2018, claims 1 and 9), litigated to a 2019 § 101 invalidity ruling against BlackBerry, and subjected to IPR2019-00714. No suit naming the '084 has been identified **post-**transfer to Malikie. So the 2023 assignment was not arranged to enable assertion of this patent.
Bankruptcy fire-sale — NOT PRESENT. No bankruptcy of RIM/BlackBerry; the 2023 sale was a voluntary disposition of non-core assets. (The 2022 Catapult IP Innovations deal at a $600M ask collapsed before the 2023 Malikie transaction at ~$200M headline — a price reset, but not a bankruptcy sale.)
Privateering — UNCLEAR / partially supported. BlackBerry retained an economic interest in Malikie's assertion revenue (revenue-sharing: 8% of the first $500M of profits, tiering to 50%, capped at $700M per BlackBerry's announcement and IAM's analysis), and Malikie is authorized to license certain cellular SEPs retained by BlackBerry. Economically that is the privateering pattern (operating company monetizing through an NPE while keeping a revenue share). What is not evidenced is BlackBerry directing suits at identified competitors; the named Malikie defendants (Acer, ASUSTeK, D-Link, Nintendo, Core Scientific) are not shown to have been BlackBerry competitors selected for competitive harm. Mark as unclear, leaning present on structure.
Defensive aggregator — NOT PRESENT. The chain terminates at an asserting entity (Malikie). No RPX / AST / LOT / Unified / OIN link on this patent.
Verdict
NPE — high confidence.
The chain runs from an operating company to a licensing-only acquirer through an escrow conduit: inventor→RIM (recorded 2012-11-16), RIM→BlackBerry change of name (recorded 2014-06-11), then in 2023 BlackBerry→OT Patent Escrow, LLC (reel 063471/0474, deed 2023-03-20), OT Patent Escrow→Malikie Innovations Limited (reel 064015/0001) and BlackBerry→Malikie (reel 064066/0001) — five recordings in five months, all with the same recording attorney, Richard J. Botos (Reg. 32,016), Botos Churchill IP Law LLP, who recurs on other Key Patent Innovations/Pictiva/Malikie filings including one dated 2026. Malikie is a repeatedly described non-practicing entity with an active 2024–2026 assertion program. The one nuance that keeps this from being a pure "troll fire-sale" story: the '084's assertion history actually belongs to BlackBerry (Snap, 2018), which lost on § 101 in 2019, so the 2023 transfer placed an already-weakened asset into the NPE portfolio rather than arming a fresh campaign.
Verify at: USPTO Assignment Center, https://assignmentcenter.uspto.gov/ (search patent number 8825084), or the legacy interface https://assignment.uspto.gov/patent/index.html — pull the cover sheets for reels 063471/0474, 064015/0001, 064066/0001 and the two 2023-09-05 corrective entries to confirm the correspondent fields firsthand, and pull the 2012 and 2014 entries to capture the reel/frame I flagged as unverified.
Confidence / gaps
- High confidence: the 2023 chain and its reel/frame numbers (corroborated by two independent sources — Google Patents legal events and a PTAB chain-of-title exhibit), the deed date of 2023-03-20 (UK IPO register), the change-of-name date of 2013-08-13, the Botos correspondence, and the deal economics.
- Moderate confidence: that every '084 recording carries Botos as correspondent (I verified it for the chain-of-title submission covering those reels, not by viewing each cover sheet).
- Explicitly unverified: the reel/frame of the 2012 inventor→RIM assignment and the 2014 change-of-name entry; whether any security interest was recorded against the '084 before the 2023 sale; and whether the '084 is included in any current Malikie case. I have not fabricated these.
Generated 9/28/2026, 8:12:18 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll research the prior art citations for US 8,825,084, focusing strictly on this patent number.
Let me dig deeper into the specific prior art cited and the IPR petition.
Let me try to retrieve the "References Cited" list and the IPR prior art directly.
Important limitation, stated up front
I was unable to complete this task as specified, and I will not paper over that.
The specific thing you asked for — "each patent citation for 8825084" — is the front-page "(56) References Cited" list. I could not retrieve it in this session. Three search attempts aimed at the citation list returned either the specification text, unrelated patents, or nothing, and the search tool then stopped me. Critically, the authoritative full text you supplied does not include the (56) References Cited section — it contains the abstract, description, and figure list, but no citation table. So there is no in-hand source for the examiner-cited prior art list.
Under your strict rule, I must not auto-generate or "recall" patent numbers, dates, and § 102 mappings for references I cannot verify. I am therefore not going to reproduce a fabricated citation list. Below is exactly what I did confirm and how far it can be taken.
1. What the search DID confirm
A. The governing IPR and the claims it attacked (high confidence)
| Field | Value |
|---|---|
| Proceeding | IPR2019-00714, Snap Inc. v. BlackBerry Limited |
| Petition filed | Feb. 22, 2019 |
| Institution decision | Sept. 4, 2019 |
| Final Written Decision | Sept. 1, 2020 (status: Final Written Decision) |
| Panel | Miriam L. Quinn (author), Michael R. Zecher, Robert J. Weinschenk |
| Claims challenged | 1, 2, 5, 6, 9, 10, 12, 13, 15 |
| Appeal | 2021-1129 |
Sources: https://services.patexia.com/lawsuits/shorturl-id-[122675](/patent/122675) ; https://ia600804.us.archive.org/2/items/gov.uscourts.cacd.[703149](/patent/703149)/gov.uscourts.cacd.703149.161.1.pdf
This is a correction (a direct conflict, flagged per your operating rules), and it also resolves an internal contradiction between the two prior sections you handed me:
- The "Patent summary" section listed IPR2019-00714's petitioner as "Unified Patents."
- The "Litigation summary" listed it as Snap Inc.
The Patexia record and the C.D. Cal. docket material confirm the petitioner was Snap Inc. The "Unified Patents" label on the Google Patents family page is a data-source attribution ("'Unified Patents PTAB Data' by Unified Patents is licensed under…"), not a statement of the petitioner's identity. Treat Snap Inc. as the IPR2019-00714 petitioner and disregard the earlier "Unified Patents" attribution as a metadata artifact.
B. One concrete candidate reference (low–moderate confidence — verify before use)
| Item | Detail |
|---|---|
| Citation | US 2008/0045138 A1 — "Context information communications via a mobile device" |
| Publication date | Feb. 21, 2008 (2008 publication) |
| Inventor | Konicek et al. (Motorola) |
| Source | Surfaced on Google Patents keyed directly to the '084 (https://patents.google.com/patent/US20080045138A1) |
| Description | Captures images, video, audio, and text messages on a mobile device, records the device's GPS location, associates the captured content with those locations, and displays the locations/images on a map retrievable by other users via a web service. |
| § 102 relevance | Published ~2.5 years before the '084's Aug. 27, 2010 priority date, so it is § 102(b)-class art. It is the closest thing in my results to a § 102 reference for claim 1's "documenting action" = capturing images / capturing videos / transmitting messages, tied to device location. |
Caveat: I could not confirm whether US 2008/0045138 A1 is listed in the '084's actual (56) section or appears on the '084 page for a different reason (e.g., common citation, family cross-link). Do not represent it as an examiner-cited reference until you check the printed patent's front page.
2. Claim-mapping framework for a § 102 reference (built from the one claim I can verify)
The claims themselves are the limiting factor here, and the supplied text gives me only claim 1 verbatim (independent, server category). To map any reference under § 102 you need it to disclose, in a single embodiment:
- A server (not the handset) —
- receiving current-location data of a first mobile device;
- determining at least one "action spot" within a predetermined distance of that location, where the action spot is a place a second mobile device engaged in a "documenting action" limited to capturing images, capturing videos, and/or transmitting messages;
- transmitting the action spot to the first device; and
- transmitting an indication of "activity level" computed from number of images captured, number of videos captured, and/or number of messages transmitted.
A reference that only shows user-generated content on a map (e.g., the Konicek publication) would map well onto elements 1–4 but would need something extra for element 5's quantified activity-level metric based on counts of captures/transmissions to anticipate claim 1. That is precisely the limitation BlackBerry emphasized, and the C.D. Cal. construction ("activity level" = "level of actions taken by one or more other mobile devices") is the yardstick.
The other independent claim implicated by the IPR is claim 9 (assorted with claims 1, 2, 5, 6, 9, 10, 12, 13, 15). I have not verified claim 9's text and will not guess at its § 102 scope.
3. What I could NOT confirm (and will not invent)
- The examiner-cited (56) U.S. and foreign patent documents for the '084 — not retrieved. This is the core of your request and it remains open.
- The specific prior-art references Snap relied on in the IPR2019-00714 petition — the petition would name them; I did not retrieve it.
- Whether claims were cancelled or upheld in the Sept. 1, 2020 FWD — the search reported the FWD's existence and the panel, not the disposition.
- Any "anticipates claim X under § 102" conclusion — I have no reference against which to make one.
4. The authoritative sources to pull
- USPTO PatentCenter, application 13/648,167 → "References Cited" / "Patent Citations" and the "Proceedings" tab (confirms IPR and appeal status).
- Google Patents https://patents.google.com/patent/US8825084/en → scroll to "Citations" / "Patent Citations (56)" and "Cited By"; this is the fastest route to the full front-page list.
- PTAB IPR2019-00714 Final Written Decision (Sept. 1, 2020) and Snap's Petition → the named references, grounds, and claim-by-claim outcome.
- CAFC dockets 2021-1129 and 2020-1258 → dispositions (still unverified from the prior sections).
Confidence statement
- High confidence: IPR2019-00714 identity, petitioner (Snap Inc.), dates, panel, challenged claims, and appeal No. 2021-1129; the correction to the earlier "Unified Patents = petitioner" attribution; claim 1's verbatim text and its § 102 element requirements.
- Low–moderate confidence: that US 2008/0045138 A1 is a citation of record for the '084 (it is a candidate, not confirmed).
- Not established / deliberately omitted: the complete (56) citation list, the IPR petition's named references, the FWD outcome, the appeal dispositions, and any specific § 102 anticipation mappings. I did not fabricate these.
If you can authorize another search pass or drop the '084 front-page citation list into the thread, I will build the full reference-by-reference table (citation / date / description / potentially-anticipating claim) you asked for.
Generated 9/28/2026, 8:11:50 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll research the prior art landscape for US 8,825,084 before building the § 103 analysis.
I found several candidate references. Let me search for the specific prior art cited on the face of the '084 patent and the IPR grounds.
Obviousness Analysis — U.S. Patent No. 8,825,084 under 35 U.S.C. § 103
Search-tool limit reached before I could pull the complete "References Cited" list from the '084 front page or the IPR2019-00714 petition grounds directly. The analysis below is built from (a) the authoritative full text you supplied, (b) the claim-construction record I retrieved, and (c) a prior-art set that my searches did confirm exists and predates the critical date. I have flagged every date and characterization I could not verify.
0. Threshold findings (flagging contradictions with the earlier sections)
Flag 1 — IPR petitioner identity is internally inconsistent across my own earlier sections. My Patent summary listed the IPR2019-00714 petitioner as "Unified Patents"; my Litigation summary listed it as "Snap Inc." The Google Patents page actually reads: "Petitioner: 'Unified Patents PTAB Data' by Unified Patents …" — which is an attribution of the data source, not a statement of who petitioned. Neither of my prior characterizations is verified. Treat the '084 IPR petitioner as unconfirmed pending the PTAB docket.
Flag 2 — IPR2019-00923 is a different patent. It appears throughout my search results (Unified Patents v. BlackBerry, involving U.S. 7,372,961). The C.D. Cal. claim-construction exhibit I relied on for the '084 constructions is an exhibit in the -00923 record, but the constructions it contains are for the '327 and '084 patents. Do not conflate -00714, -00923, and -00391.
Governing law: Priority is August 27, 2010 (parent App. 12/870,676). That is before March 16, 2013, so pre-AIA §§ 102/103 apply. The critical date for art is the Aug. 27, 2010 filing (the actual invention date, if provably earlier, would be the fallback). This matters: it makes a December 2009 § 102(e) reference fair game while excluding post-2010 art.
1. The analytical starting point: what the claims actually require
The specification frames the invention as a two-sided system: a server observes what other ("second") mobile devices are doing at a geographic location, aggregates that activity, and pushes it to a querying ("first") mobile device as an "action spot" with an "activity level."
| Element | Claim 1 | Claim 9 (independent) |
|---|---|---|
| Compute/near device | Server | Non-transitory computer program product on the first mobile device |
| Location of first device | Receive data indicative | Determine via processor |
| Determine action spot within predetermined distance | ✓ | ✓ |
| Action spot = location where a second device did a documenting action (images / videos / messages) | ✓ | ✓ |
| Transmit action spot to first device | ✓ | — |
| Output | Transmit indication of activity level | Display graphical item identifying a direction + display level of activity |
| Activity level basis | # images / # videos / # messages | # images / # videos / # messages |
Two facts from the record narrow the § 103 field considerably:
- Court constructions (C.D. Cal., Final Ruling on Claim Construction, Ex. 2004-41 in IPR2019-00923): "action spot" = "location or event where at least one activity is occurring relative to the current location of another mobile device"; "activity level" = "level of actions taken by one or more other mobile devices." The court rejected Snap's attempt to require a numeric tabulation. So the "activity level" element is satisfied by a relative level, not necessarily a count.
- The court's own § 101 observation that the dependent claims' "coloring the graphical item in accordance with a range of activity" merely "mirror[s] the age-old concept of 'heat maps'." (BlackBerry v. Facebook, Dkt. 487.) That finding is double-edged here: it confirms the graphical claim elements are conventional display techniques, which is exactly the kind of routine element that cannot supply non-obviousness weight.
2. Level of ordinary skill in the art (POSITA)
A POSITA at Aug. 2010 would be a software engineer/architect with ~2–4 years' experience in location-based services and mobile application/server programming, familiar with: GPS/network location determination, client-server data push, social-networking and messaging APIs, and map/overlay rendering. This is the level against which each combination below is judged.
3. Prior-art references relied upon
| Ref | Identity | Date (for § 103) | What it teaches / why it matters | Confidence |
|---|---|---|---|---|
| D1 — "Activity-Based Location" | US 2008/0248809 A1 (family: WO 2007/036737 A1; EP 1 929 749 A1) — "Information based on location and activity of a user" | Pub. Oct. 9, 2008 | Determines a location; automatically determines data about a process/activity on a device within the location; receives at another device activity-based information dependent on the determined process data; describes "a high percentage of user media streaming in that virtual location," and a "popular" local server caching. This is the closest single reference to the "action spot" concept. | High |
| D2 — "Aggregate Presence" | US 7,433,922 B2 (Engstrom; Intel) — "Method and system for collecting and displaying aggregate presence information for mobile media players" | Prov. May 11, 2001; issued Oct. 7, 2008 | Mobile device obtains presence information for multiple users of other mobile devices and aggregates it for display; "physical, virtual and ordinal locations for multiple users"; user opt-in; statistics over time. Supplies the server-side aggregation-and-display element. | High |
| D3 — "Event Coordination / Activity-Based Service" | CN 102171691 A (Nokia) — "Method, apparatus and computer program product for providing event coordination services" | Date not verified — need WO/US counterpart filing date | "Activity-based service provider" provides place/location data, including "activities that occurred and/or are scheduled to occur at the location," "user reviews," "photos of the place," and "popularity ratings," with privacy management and aggregate historical data. Directly reads on the server pushes location+activity+popularity. | Medium (date unverified) |
| D4 — "Content + Location Social Networking" | US 8,386,620 B2 (Chatterjee; Apple) — "Ad hoc networking based on content and location" (pub. US 2011/0142016 A1) | App. filed Dec. 15, 2009 → § 102(e) art as of 12/15/2009; pub. June 2011 (after critical date, so use only its 102(e) filing date) | Server receives geographic location of a first mobile device, determines a second mobile device within a distance, sends a notification, and displays a direction toward the located device (with an "electronic compass"). Supplies the claim 9 "direction relative to current location" output and the server-query architecture. | High on content; note 102(e) posture |
| D5 — "Proximity presence / locations of interest" | US 2009/0323648 A1 (Qualcomm) — "Multi-rate proximity based peer discovery" | Pub. Dec. 31, 2009 | Device communicates its location to a server; server performs a proximity determination and the device downloads a list of "locations of interest"; proximity + temporal (time-window) criteria. Reinforces server-side proximity filtering with time conditions. | High |
| D6 — Non-patent-art environment | Commercial LBS deployments in the public eye well before Aug. 2010: Loopt (2005+), Dodgeball (Google, 2005), Google Latitude (2009), Foursquare check-ins (2009–10) | Publicly available pre-2010 | Real-time location sharing with friends; check-in "popularity"/mayorship counts; event/location activity indicators. Establishes that geolocated "who's doing what, where" was a crowded, commercially hot space by 2010 — the KSR "design incentives" backdrop. | Medium (well-known; specific exhibit dates need sourcing) |
4. Combination 1 (primary): D1 + D2 — renders Claim 1 obvious
The mapping:
- 1[a] receive current location of first device — D1 determines a location (and receives activity info at a device "within the location"); D2's server collects each mobile device's presence/location. A server receiving a device's location is the core of both.
- 1[b] determine action spot within a predetermined distance — D1 expressly determines an activity "within the location" of a device; D2 aggregates presence across users in "physical, virtual and ordinal locations." The "predetermined distance" is merely a design choice (the specification itself lists "five blocks … twenty miles … or any other distance"), and In re Rose / In re Kuhle principles make a mere numeric range non-argumentative absent a criticality.
- 1[c]/1[d] action spot = location where a second device did a documenting action (images/videos/messages) — D1's "media streaming," "library downloads," and activity-by-place teachings, plus D2's presence aggregation, disclose other devices' media/location activity as the thing being located and reported.
- 1[e] transmit the action spot to the first device; 1[f]/1[g] transmit an indication of activity level based on # images/videos/messages — D2 is the key secondary reference: it aggregates other users' presence and provides "statistics" over time — the exact "indication of an activity level" step. D1 supplies the activity-type data (media/photos). The claim's "based upon at least one of a number of images … videos … messages" is satisfied by the natural count of the media/session events D1/D2 already track.
Motivation to combine (KSR / Fed. Cir.):
- Same field, same problem, same solution: both D1 and D2 address "let a mobile user learn what others are doing at a place." KSR Int'l v. Teleflex, 550 U.S. 398 (2007) ("if a technique has been used to improve one device … a person of ordinary skill … would recognize that it would be obvious to use it in the other"); In re ICON Health & Fitness, 496 F.3d 1374 (Fed. Cir. 2007) (combination of known elements, each performing its known function).
- Predictable result: teaching a server to aggregate (D2) the per-location activity it already detects (D1) is the combination of two known functions with no change in their operation.
- Market demand: the 2009–10 LBS surge (D6) supplied explicit commercial incentive to surface "activity near you" — a KSR "design incentive" that the '084 specification itself admits in stating the goal of avoiding "tedious" manual external search.
- The patent's own admissions cut against it: the Background concedes mobile devices already "retrieve and display maps and directions to locations relative to the mobile device." Claim 1 therefore adds only what to put on the map (activity) — an informational content choice over a known display, which the court already labeled a "heat map."
Reasonable expectation of success: high — both references are server/client data-processing systems; no new hardware or unpredictable physics is required.
5. Combination 2: D3 + D4 — renders Claim 9 obvious (and reinforces Claim 1)
Claim 9's novel-looking element is the "display a graphical item … identifying a direction, relative to the current location, in which to travel."
- D3 teaches a server-side "activity-based service provider" delivering place data + activities occurring there + popularity ratings + photos to a client device — i.e., the action-spot payload and activity level.
- D4 teaches a server receiving a first device's location, determining a second device within a distance, and displaying a direction toward it — "based on geographical coordinates of the first and second mobile devices," optionally via "an electronic compass." That is verbatim the claim 9 "direction … in which to travel" limitation (and maps to the FIG. 7 compass and FIG. 8 viewfinder embodiments).
Motivation: D4 and the '084 patent address the same navigational need (get the user to a nearby point of interest), and D3 supplies the content (activity/popularity) that the direction points to. Combining a known "point me toward a nearby target" UI (D4) with a known "here's the activity/popularity at a place" data feed (D3) is the paradigmatic [known technique] applied to [known data] to yield a predictable result. KSR; Perfect Web Techs. v. InfoUSA, 587 F.3d 1324 (Fed. Cir. 2009) (combination of references where each does what it is known to do).
Because claim 9's remaining elements (processor determines location; display level of activity based on # images/videos/messages) are supplied by D3's server-provided activity/popularity/photo data plus ordinary client display, Claim 9 falls to D3 + D4 on the same motivation.
6. Combination 3 (secondary/alternative): D5 + D1 + D2
Where the "predetermined distance" and "predetermined period of time" limitations are emphasized, D5 teaches a server making a proximity determination and pushing a list of locations of interest, with location + time-window criteria (its workday-interval example). Substituting D5's server-side proximity filter for the equivalent function in D1/D2 is a mere substitution of one known element for another to obtain the same result — presumptively obvious under Sakraida v. Ag Pro, 425 U.S. 273 (1976).
7. Why the secondary considerations do not rescue the claims
I found no evidence (in the materials retrieved) of the classic Graham secondary considerations operating in the '084's favor:
- No unexpected results: the specification presents no data showing the "action spot" display produces surprising benefits; it asserts only the intended benefit (avoiding manual search) — i.e., the expected result.
- No evidence of copying / commercial success nexus was identified in the district-court record retrieved. Note also the § 101 outcome (C.D. Cal., 2019): the asserted claims were held invalid as drawn to the abstract idea of "locating and mapping activity of interest," with dependent-claim "heat map" detail deemed insufficient. That ruling does not decide § 103, but it removes any argument that the graphical refinements (colors, cloud sizes, activity icons) are non-conventional. Those refinements are squarely the "age-old" heat-map/iconography techniques the court identified.
8. Consolidated § 103 conclusions
| Claim | Primary combination | Secondary/alternative | Statutory hook |
|---|---|---|---|
| Claim 1 (server) | D1 + D2 | D1 + D2 + D5 | pre-AIA § 103(a) |
| Claim 9 (CRP product, direction display) | D3 + D4 | D1 + D2 + D4 | pre-AIA § 103(a) (D4 as § 102(e) art) |
| Dependent claims (colors, sizes, activity icons, pop-up, venue map) | D1/D2/D3 alone or + D3/D4 | — | Conventional display techniques; the C.D. Cal. court already characterized them as "heat map" detail |
Bottom line: Claim 1 is strongly vulnerable to D1 + D2 (activity-by-location detection aggregated and pushed to a nearby device), and Claim 9 to D3 + D4 (activity/popularity data feed + server-computed direction to a nearby device). In each case the motivation arises from (i) identity of field and problem, (ii) predictable combination of known server/client functions, and (iii) the well-documented market incentive to surface nearby activity — while the graphical claim elements are admitted/conventional "heat map" techniques.
9. Explicit uncertainty statement
Verified: claim 1 and claim 9 text; the C.D. Cal. constructions of "action spot" and "activity level"; D1 (US 2008/0248809 / EP 1929749 / WO 2007036737) content and 2008 publication; D2 (US 7,433,922) content and 2008 issue; D4 (US 8,386,620) content and its Dec. 15, 2009 filing date; D5 (US 2009/0323648) content.
Unverified / caveated:
- D3's exact identity and priority date — the CN 102171691 A family's US/WO counterpart filing date must be confirmed before relying on it (if its priority post-dates Aug. 27, 2010, it drops out or becomes § 102(e) art only).
- D4's prior-art posture — published June 2011 (after the critical date); usable only as § 102(e) art based on its Dec. 15, 2009 filing (or as evidence of the level of skill if 102(e) status is contested).
- The D6 non-patent-art exhibits (Loopt, Dodgeball, Latitude, Foursquare) — I assert these were publicly known pre-2010 from general knowledge, but I have not sourced dated exhibits; use only as backdrop unless archival evidence (Wayback/Valve-type showing) is added.
- The '084 IPR2019-00714 petitioner and disposition, and the § 103 grounds actually briefed in that IPR — not retrieved; the combinations above are my independent analysis, not a report of the petition.
If you want, I can next: (1) pull the printed patent's "References Cited" list to test these references against what the examiner actually considered, or (2) retrieve the IPR2019-00714 petition to align my grounds with the ones that were actually instituted.
Generated 9/28/2026, 8:12:17 PM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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This patent in court (3)
3 tracked lawsuits name US 8825084.