Is US8471812B2 truly novel, or could a related patent call its validity into question?
Pointwise Ventures LLC, a known non-practicing entity, has launched a wave of litigation targeting major retailers like Lowe’s, Wayfair, Macy’s, and ASOS. With 15 active and 14 non-active cases, this aggressive enforcement of US8471812B2 has drawn significant industry attention.
US8471812B2, titled “Pointing and Identification Device,” relates to a system that allows users to point at objects in the real world, on television or movie screens, or outside a computer screen, using a digital camera combined with a laser or reticle for precise targeting. The captured image is then transmitted to a computer for processing.
So why are major retailers being sued? The patent appears to be broadly asserted against e-commerce platforms and retail websites that use visual search technology, where customers can upload images or use camera-based shopping features to identify and purchase products. This lawsuit raises significant concerns for the retail industry, as it could impact widely adopted shopping technologies.
Given the widespread legal battles, identifying relevant related patents is crucial for defending against these claims.
Using the Global Patent Search (GPS) tool, we can analyze whether previously filed patents challenge US8471812B2’s novelty. This article will examine key related patent references and assess how they map against the contested patent’s claims.
Let’s dive into the specifics.
Understanding Patent US8471812B2
US8471812B2, titled “Pointing and Identification Device,” describes a system that allows users to point at objects in the real world, on television or movie screens, or outside a computer screen. The device includes a digital camera and one or both of a laser pointer or reticle for targeting. When the user points at an object and captures an image, the device transmits the image to a computer for processing, enabling object recognition and interaction.
Source: Google Patents
Its four key features are:
#1. Pointing at physical and digital objects – The device allows users to point at objects in both the real world and digital environments (TV screens, computer screens).
#2. Digital camera with laser or reticle – The system utilizes a camera for capturing images and a laser or reticle for precise targeting.
#3. Object identification and recognition – The device communicates the captured image to a system that analyzes and identifies the object.
#4. User interaction for selection and action – The system generates a list of likely objects for the user to select, enabling interaction such as obtaining product information or making purchases.
The patent is being asserted against multiple retail and e-commerce companies because it is being interpreted to cover visual search technology, a key feature in many modern online shopping platforms. If the patent is found to be valid and enforceable, it could impact how visual search features are implemented across the retail industry.
Let’s now look at what patent references does GPS tool share for this Pointwise Ventures patent.
Potential Related Patent References for US8471812B2
#1. JPH09120340A
This patent, filed on Oct. 24, 1995, describes a pointing device that allows a user to instruct a specific position using a laser pointer and obtain positional information. The invention includes a light-based targeting system that enables users to point at objects on a screen or in the real world. While it shares similarities with US8471812B2 in its pointing mechanism and object targeting, it does not disclose a digital camera, image processing, or object recognition system.
Key Features of this Related Patent:
- Light-based pointing mechanism – The reference describes a laser pointer-based system for targeting objects, aligning with US8471812B2’s pointing method.
- User-controlled actuation mechanism – The device allows users to operate the pointing function through a controlled input, similar to US8471812B2.
- Targeting specific locations on a displayed image – The invention enables precise object selection on screens, comparable to digital pointing applications.
- No disclosure of digital imaging or object recognition – Unlike US8471812B2, this reference lacks a camera and automated object identification.
Which features of US8471812B2 are disclosed by JPH09120340A?
| Key Feature of Claim 1 | Disclosure Status |
| The method uses a pointing and identification device for pointing at an object | Fully Disclosed |
| The pointing and identification device has an actuation means for user input | Fully Disclosed |
| The object can be a spot on a displayed image | Fully Disclosed |
| The object can be a subarea of space on a displayed image | Fully Disclosed |
| The object can be one of multiple objects in a displayed image | Partially Disclosed |
| The object can be an object in space | Fully Disclosed |
| The object can be a subarea of a surface in space | Partially Disclosed |
| The object can be one of multiple objects in space | Partially Disclosed |
Key excerpt from JPH09120340A:
“The present invention relates to a device for instructing a specific position (pointing) and obtaining the position information. More specifically, the present invention provides an instruction by a light spot at a specific position and retrieves information about that position.”
#2. FR2506003A1
This patent, filed on May 11, 1982, describes a sighting system used in weapon targeting applications. It discloses a pointing device coupled with a sighting device, where an image of the scene in the pointing direction is presented visually to the user. The system enables precise targeting and tracking of objects in space using an optical or electronic display. While the reference shares similarities with US8471812B2 in terms of pointing functionality and visual representation, it lacks key elements such as automatic object recognition and interactive selection of objects.
Key Features of this Related Patent:
- Pointing system with a visual display – The reference describes a sighting system where a targeted object is visually represented, aligning with the pointing concept in US8471812B2.
- User-controlled actuation mechanism – The system includes an operator-driven mechanism to adjust pointing direction, similar to US8471812B2’s actuation function.
- Partial disclosure of image transmission – The reference mentions a television camera and electronic processing unit for transmitting a visual scene, though it lacks explicit details on transmitting a digital image.
- No disclosure of automatic object identification – Unlike US8471812B2, this reference does not process images to identify or return a list of objects for user selection.
Here’s what the mapping from the tool for this particular patent looks like:
Source: GPS
Which features of US8471812B2 are disclosed by FR2506003A1?
| Key Feature of Claim 1 | Disclosure Status |
| The method uses a pointing and identification device for pointing at an object | Fully Disclosed |
| The pointing and identification device has an actuation means for user input | Partially Disclosed |
| The device includes a communication system to transmit the digital image to a different location | Partially Disclosed |
| The digital image is communicated to a different location | Partially Disclosed |
| The object can be a spot on a displayed image | Partially Disclosed |
| The object can be one of multiple objects in a displayed image | Partially Disclosed |
| The object can be an object in space | Fully Disclosed |
| The object can be one of multiple objects in space | Partially Disclosed |
Key excerpt from FR2506003A1:
“Many weapon systems use a coupled pointing device and a sighting device, the aiming device being used to give an image of the scene observed in the pointing direction of the pointed device. The pointed device can, for example, be a cannon, a laser rangefinder, or another aiming device.”
#3. JPH07191797A
This patent, filed on Dec. 27, 1993, describes a pointing device that incorporates a laser output system and a three-dimensional position measuring unit to track an object’s position. The system continuously detects three-dimensional coordinates and transmits this data to a display control unit. While this technology aligns with US8471812B2’s pointing and targeting functionality, it lacks a digital camera, image transmission, and automated object recognition. Instead, it primarily focuses on spatial tracking and control rather than object identification.
Key Features of this Related Patent:
- Pointing system with spatial tracking – The reference describes a laser-based pointing system that continuously tracks an object’s three-dimensional position, similar to US8471812B2’s pointing device.
- User-controlled actuation mechanism – The device includes a button input unit, enabling the user to interact with the pointing system, which aligns with US8471812B2.
- Pointing at objects on a displayed image – The system enables users to select spots or subareas on a displayed image, similar to digital interaction methods.
- No disclosure of digital imaging or object recognition – The reference does not mention a digital camera, image transmission, or object identification system.
Which features of US8471812B2 are disclosed by JPH07191797A?
| Key Feature of Claim 1 | Disclosure Status |
| The method uses a pointing and identification device for pointing at an object | Fully Disclosed |
| The pointing and identification device has an actuation means for user input | Fully Disclosed |
| The object can be a spot on a displayed image | Fully Disclosed |
| The object can be a subarea of space on a displayed image | Fully Disclosed |
| The object can be one of multiple objects in a displayed image | Fully Disclosed |
| The object can be an object in space | Fully Disclosed |
| The object can be one of multiple objects in space | Fully Disclosed |
Key excerpt from JPH07191797A:
“The pointing device of the present invention is composed of a laser output device and a three-dimensional position measuring device and has a pointing detection unit that continuously detects three-dimensional position coordinates.”
#4. JPH07200161A
This patent, filed on Dec. 28, 1993, describes a pointing device that enables users to identify and transmit position information about an object in space. The device includes a button-controlled transmission system, which sends positional data to a computer for processing. While the invention aligns with US8471812B2 in its pointing functionality, it lacks key elements such as a digital camera, image capture, object identification, and visual feedback on a display.
Key Features of this Related Patent:
- Pointing device with position transmission – The reference describes a system for identifying an object’s position and transmitting it, aligning with US8471812B2’s pointing mechanism.
- User-controlled actuation mechanism – The device includes a button for transmitting position data, similar to US8471812B2’s activation function.
- No disclosure of image capture or object identification – Unlike US8471812B2, this reference does not include a digital camera or automatic recognition of pointed objects.
- Limited to spatial positioning – The invention focuses on transmitting position coordinates rather than enabling interactive object selection.
Which features of US8471812B2 are disclosed by JPH07200161A?
| Key Feature of Claim 1 | Disclosure Status |
| The method uses a pointing and identification device for pointing at an object | Fully Disclosed |
| The pointing and identification device has an actuation means for user input | Fully Disclosed |
| The object can be an object in space | Fully Disclosed |
Key excerpt from JPH07200161A:
“By pressing the button provided on the pointing device, the position information transmitting devices transmit a signal notifying the location of the pointing device to the computer.”
#5. US6140957A
This patent, filed on March 12, 1998, describes a position identification system used for surveying and navigation. It employs satellite-based positioning technology to identify locations and provide directional guidance. While the system aligns with US8471812B2 in its pointing functionality, it does not include a digital camera, object recognition, or interactive selection of pointed-to objects. Instead, it focuses on accurate positional tracking rather than visual interaction with objects in a scene.
Source: GPS
Key Features of this Related Patent:
- Pointing device with directional tracking – The reference describes a pointing system that identifies a direction to a target location, aligning with US8471812B2’s identification mechanism.
- User-controlled actuation mechanism – The system includes a user input/output device for entering and displaying information, similar to US8471812B2’s activation function.
- Partial disclosure of data transmission – The reference mentions wireless data communication, but it does not specifically transmit digital images.
- No disclosure of object recognition or selection – Unlike US8471812B2, this reference does not process images to identify or return a list of objects for user interaction.
Which features of US8471812B2 are disclosed by US6140957A?
| Key Feature of Claim 1 | Disclosure Status |
| The method uses a pointing and identification device for pointing at an object | Fully Disclosed |
| The pointing and identification device has an actuation means for user input | Partially Disclosed |
| The device includes a communication system to transmit the digital image to a different location | Partially Disclosed |
| The digital image is communicated to a different location | Partially Disclosed |
| The object can be an object in space | Fully Disclosed |
| The object can be a subarea of a surface in space | Partially Disclosed |
Key excerpt from US6140957A:
“The present invention describes a surveying device, referred to as a position identification system, that employs satellite navigational or similar positioning technology to identify a known location of interest and provide navigation guidance.”
Feature Comparison Table
| Key Feature of Subject Patent | JPH09120340A | FR2506003A1 | JPH07191797A | JPH07200161A | US6140957A |
| The method uses a pointing and identification device for pointing at an object | Fully Disclosed | Fully Disclosed | Fully Disclosed | Fully Disclosed | Fully Disclosed |
| The pointing and identification device has an actuation means for user input | Fully Disclosed | Partially Disclosed | Fully Disclosed | Fully Disclosed | Partially Disclosed |
| The device includes a digital camera for forming a digital image when pointed at an object and actuated | Not Disclosed | Not Disclosed | Not Disclosed | Not Disclosed | Not Disclosed |
| The device includes a communication system to transmit the digital image to a different location | Not Disclosed | Partially Disclosed | Not Disclosed | Not Disclosed | Partially Disclosed |
| The digital image is communicated to a different location | Not Disclosed | Partially Disclosed | Not Disclosed | Not Disclosed | Partially Disclosed |
| The system automatically identifies likely pointed-to objects from the digital image at the different location | Not Disclosed | Not Disclosed | Not Disclosed | Not Disclosed | Not Disclosed |
| A list of likely pointed-to objects is returned to the user for selection | Not Disclosed | Not Disclosed | Not Disclosed | Not Disclosed | Not Disclosed |
| The object can be a spot on a displayed image | Fully Disclosed | Partially Disclosed | Fully Disclosed | Not Disclosed | Not Disclosed |
| The object can be a subarea of space on a displayed image | Fully Disclosed | Not Disclosed | Fully Disclosed | Not Disclosed | Not Disclosed |
| The object can be one of multiple objects in a displayed image | Partially Disclosed | Partially Disclosed | Fully Disclosed | Not Disclosed | Not Disclosed |
| The object can be an object in space | Fully Disclosed | Fully Disclosed | Fully Disclosed | Fully Disclosed | Fully Disclosed |
| The object can be near an object in space | Not Disclosed | Not Disclosed | Not Disclosed | Not Disclosed | Not Disclosed |
| The object can be a subarea of a surface in space | Partially Disclosed | Not Disclosed | Not Disclosed | Not Disclosed | Partially Disclosed |
| The object can be one of multiple objects in space | Partially Disclosed | Partially Disclosed | Fully Disclosed | Not Disclosed | Not Disclosed |
How to Find Related Patents Using Global Patent Search?
Finding related patents is crucial in evaluating a patent’s validity, especially in cases involving non-practicing entities enforcing broad claims against multiple defendants. The Global Patent Search (GPS) tool streamlines this process by providing feature-based related patent analysis to uncover relevant references efficiently.
Here are the steps to conduct a related patent search:
Search by patent number or description – Input the disputed patent number (e.g., US8471812B2) or related technology keywords to retrieve potential related patent references.
Source: GPS
Leverage feature mapping – Compare the core features of the subject patent against existing patents to determine overlaps and disclosures.
Review matching results – Identify patents with full or partial disclosure of key features, helping assess novelty and potential invalidity.
Analyze detailed reports – Examine related patent references side by side, including feature comparisons and direct excerpts, to strengthen legal arguments.
By utilizing GPS feature mapping, patent attorneys, researchers, and defendants can quickly identify strong related patent references to challenge patent validity and refine legal strategies.
Take the Guesswork Out of Patent Research
Patent disputes are complex, but identifying related patents doesn’t have to be. The Global Patent Search (GPS) tool provides a streamlined, data-driven approach to uncovering relevant patent references efficiently. Use GPS tool for:
- Instant results – Eliminate the need for time-consuming manual searches.
- Accurate feature mapping – Quickly compare key features across multiple patents.
- Data-driven insights – Strengthen your case with verified related patent references.
Ensure you have the best relevant patents at your fingertips. Start your search with Global Patent Search today!
Disclaimer: The information provided in this article is for informational purposes only and should not be considered legal advice. The related patent references mentioned are preliminary results from the Global Patent Search (GPS) tool and do not guarantee legal significance. For a comprehensive related patent analysis, we recommend conducting a detailed search using GPS or consulting a patent attorney.
