Big Will Enterprises, Inc. v. Autoliv, Inc.: Five-Patent Infringement Action Over Driver Safety Score Monitoring Technology in Texas Federal Court

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In a case filed on December 29, 2023, Big Will Enterprises, Inc. initiated a patent infringement action against Autoliv, Inc., Autoliv ASP, Inc., and Autoliv North America, Inc. before the Texas Southern District Court under Case No. 4:23-cv-04847, presided over by Chief Judge Keith P. Ellison. The plaintiff asserts five United States patents covering methods and systems for monitoring human driving behavior and computing safety scores, directly targeting Autoliv’s commercial ‘Safety Score’ application suite. The case closed just 32 days after filing, on January 30, 2024, suggesting an early procedural resolution before substantive litigation commenced.

This dispute sits at the intersection of behavioral telematics, driver monitoring systems, and mobile application patents — a technology space experiencing rapid commercial growth and increasing patent assertion activity. For automotive OEM suppliers, insurance telematics developers, and in-house IP teams managing portfolios in connected vehicle technology, this case signals active enforcement of early-stage driver safety monitoring patents and underscores the importance of freedom-to-operate analysis before deploying scoring applications built on third-party data pipelines.

Case Overview

The Parties

⚖️ Plaintiff

Big Will Enterprises, Inc. is a patent-holding entity asserting intellectual property rights in the field of driver behavior monitoring and mobile safety scoring technologies. As the asserting plaintiff, the company initiated this multi-patent infringement action targeting Autoliv’s commercially deployed Safety Score application platform.

🛡️ Defendant

Autoliv, Inc. is a global leader in automotive safety systems and one of the world’s largest suppliers of airbags, seatbelts, and active safety technologies, operating through subsidiaries including Autoliv ASP, Inc. and Autoliv North America, Inc. The defendants are named in connection with their ‘Safety Score by Autoliv’ driver monitoring application, which allegedly practices the asserted patents.

The Patents at Issue

The five asserted patents — US9049558B2, US8452273B1, US10521846B2, US8737951B2, and US8559914B2 — collectively cover systems and methods for automatically monitoring human activities and behaviors while driving, computing safety or performance scores, and transmitting or processing that data via mobile and wireless networks. These patents address core telematics functions including sensor-based activity detection, score computation algorithms, and application-layer communication protocols used in modern driver safety and insurance telematics platforms. Real-world applications include usage-based insurance scoring, fleet safety management, and OEM-integrated driver feedback systems.

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Litigation Timeline & Procedural History

MilestoneDate
Case FiledDecember 29, 2023
CourtTexas Southern District Court
Chief JudgeKeith P Ellison
Case ClosedJanuary 30, 2024

Big Will Enterprises filed this action in the Texas Southern District Court — a federal venue with established patent litigation infrastructure and experience handling technology disputes. The choice of the Southern District of Texas, overseen by Chief Judge Keith P. Ellison, is consistent with a growing trend of patent holders selecting Texas federal courts for asserting patents against large multinational defendants with substantial operations or sales in the region. This is a first-instance district court matter, meaning no prior appellate or PTAB history is reflected in the case data, and the dispute was positioned for full merits litigation at the trial level.

The case was filed on December 29, 2023 and closed on January 30, 2024 — a span of approximately 32 days, which is exceptionally brief for a five-patent infringement action. This compressed timeline strongly suggests the case was resolved through early voluntary dismissal, settlement, or an agreed procedural disposition before any substantive briefing or scheduling order was entered. No formal verdict, damages award, or basis of termination was recorded, which is characteristic of confidential settlements or pre-answer resolutions. The involvement of plaintiff’s counsel Brett T. Cooke without any listed defendant counsel further supports the inference that the matter concluded before defendants formally appeared or responded.

The Verdict & Legal Analysis

Outcome

The case closed on January 30, 2024 without a recorded verdict, damages award, injunctive relief, or formal basis of termination. Because the docket reflects no defendant representation and no merits ruling, the matter almost certainly resolved through a pre-answer settlement, voluntary dismissal, or confidential agreement. No findings on patent validity, claim construction, or infringement were made by the court.

Verdict Cause Analysis

The underlying cause of action was a patent infringement claim, and the following legal grounds frame the dispute as structured by the plaintiff:

  • Direct infringement was alleged against Autoliv, Inc., Autoliv ASP, Inc., and Autoliv North America, Inc. for making, using, offering for sale, or selling products and services covered by the five asserted patents.
  • The accused product — ‘Safety Score by Autoliv’ — is a commercially deployed driver monitoring application, meaning infringement would be evaluated against method and system claims covering real-time behavioral data capture, scoring computation, and mobile transmission.
  • With five patents asserted across multiple application numbers spanning filing dates from approximately 2009 to 2015, the plaintiff appears to have constructed a layered claim portfolio intended to cover both foundational and evolved implementations of driver safety scoring technology.
  • The absence of a recorded verdict or termination basis suggests that neither invalidity defenses nor non-infringement positions were adjudicated, leaving the substantive legal questions unresolved on the public record.

Legal Significance

  1. 1. Because the case closed without a merits ruling, these five patents remain presumptively valid and enforceable, creating continued exposure for other telematics and driver monitoring application developers who have not obtained licenses or conducted FTO clearance.
  2. 2. The rapid closure — 32 days from filing — provides no claim construction record or invalidity analysis, meaning competitors cannot rely on this docket to assess patent scope or vulnerability; independent PTAB or ex parte reexamination proceedings remain the primary avenues for challenging these patents.
  3. 3. The multi-defendant structure naming three Autoliv entities suggests the plaintiff’s counsel designed the complaint to capture both the parent entity and its U.S. operating subsidiaries, a litigation strategy increasingly used to prevent defendants from arguing that only one entity practices the claimed methods.

Strategic Takeaways

For Patent Attorneys:

  • When representing clients in driver telematics or safety scoring technology, conduct claim mapping against all five asserted patents before product launch, as the portfolio spans both system and method claims that could implicate different actors in a development and deployment chain.
  • The 32-day closure without a defendant appearance suggests plaintiff’s counsel achieved a rapid licensing resolution — practitioners representing patent holders in similar technologies should evaluate demand letter strategies paired with early-filed district court actions to create settlement leverage.
  • For defendants in similar multi-entity infringement actions, consider negotiating consolidated representation across parent and subsidiary defendants early to avoid procedural complications and present a unified invalidity or non-infringement defense.
  • Given that no IPR or PTAB proceedings are reflected in the case data, inter partes review petitions against these patents remain available as a defensive tool for any future defendant facing assertion of the same portfolio.

For IP Professionals:

  • In-house teams at automotive suppliers, insurance telematics vendors, and connected vehicle platform providers should flag these five patent numbers for ongoing monitoring, as the portfolio’s continued enforceability means re-assertion against new defendants remains possible.
  • This case illustrates the risk of deploying third-party-branded safety scoring applications without verifying that the underlying technology is licensed — IP teams should require FTO representations and indemnification provisions in telematics software vendor agreements.

For R&D Teams:

  • Engineering teams developing driver behavior monitoring features — including real-time scoring, trip analysis, and mobile feedback systems — should review the claim language of US9049558B2, US8452273B1, US10521846B2, US8737951B2, and US8559914B2 to identify potential design-around opportunities before product deployment.
  • R&D leaders should treat the rapid settlement in this case as a signal that the asserted patents carry commercial weight — investing in alternative sensor fusion architectures or score computation methods that do not read on the patented claims may reduce long-term licensing exposure.
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Freedom to Operate (FTO) Analysis & Implications

This case has significant FTO implications. Choose your next step:

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High Risk Area

Driver behavior monitoring and automated safety score computation via mobile applications

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Claim Coverage Risk

Five layered patents covering sensor-based driving activity detection and scoring create overlapping claim coverage risk for any telematics application developer.

Design-Around Strategy

The absence of any claim construction ruling leaves room for engineering teams to design alternative scoring architectures that avoid the specific method steps recited in the asserted claims.

✅ Key Takeaways

For Patent Attorneys & Litigators

Map all five asserted patents against any client product involving driver monitoring or safety scoring before filing or responding to demand letters — the portfolio spans overlapping system and method claims that can implicate different parties in a telematics supply chain.

Search telematics patent case law →

The 32-day case closure with no defendant appearance is a classic indicator of a pre-answer licensing resolution; use this pattern to advise clients on realistic settlement timelines and leverage when asserting or defending similar portfolios.

Explore early resolution strategies →

No IPR petitions are reflected in the case record — these patents remain PTAB-challengeable, making inter partes review a viable parallel track for any future defendant facing assertion of this portfolio.

Find PTAB filings for these patents →

Multi-entity defendant structures naming parent and U.S. subsidiaries are increasingly standard in patent infringement complaints; advise corporate clients to establish unified IP indemnification agreements across affiliated entities to prevent jurisdictional or liability gaps.

Review multi-defendant litigation trends →
For IP Professionals

Add US9049558B2, US8452273B1, US10521846B2, US8737951B2, and US8559914B2 to your patent monitoring watch list — the portfolio remains enforceable and may be re-asserted against other telematics and driver safety application providers.

Monitor this patent portfolio →

Require explicit FTO warranties and patent indemnification clauses in contracts with telematics software vendors, particularly those providing driver scoring or behavioral analytics components to automotive OEM programs.

Explore IP vendor risk frameworks →
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Patent Research & Competitive Intelligence · PatSnap

This analysis was produced by the PatSnap IP Intelligence Team — a group of patent analysts, IP strategists, and data scientists who work daily with PatSnap’s global patent database of over 2 billion structured data points across patents, litigation records, scientific literature, and regulatory filings.

The team specialises in tracking landmark litigation outcomes, translating complex court rulings into actionable IP strategy, and identifying the competitive intelligence implications for R&D and legal teams. All case analysis is grounded in primary sources: official court records, USPTO filings, and Federal Circuit opinions.

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References

  1. Texas Southern District Court — Case No. 4:23-cv-04847, Big Will Enterprises, Inc. v. Autoliv, Inc.
  2. USPTO Patent — US9049558B2 (Driver Activity Monitoring System)
  3. USPTO Patent — US10521846B2 (Safety Score Application)
  4. USPTO Patent — US8452273B1 (Driver Monitoring Method)

This article is for informational purposes only and does not constitute legal advice. All case information is drawn from publicly available court records. For platform capabilities, visit PatSnap.

⚖️ Disclaimer: This article is for informational purposes only and does not constitute legal advice. The analysis presented reflects publicly available case information and general legal principles. For specific advice regarding patent litigation, FTO analysis, or IP strategy, please consult a qualified patent attorney.