Allure Energy Files Patent Infringement Lawsuit against Nest Labs

AUSTIN, Texas — 

Allure Energy, Inc. has filed suit against Nest Labs, Inc. in the United States District Court for the Eastern District of Texas on the grounds of patent infringement through the design, manufacture and sale of smart thermostats under the name “Nest Learning Thermostat.” The complaint contends the Nest Learning Thermostat infringes on U.S. Patent No. 8,442,695 for the invention of an “Auto-Adaptable Energy Management Apparatus.”

Kevin Imes, president and CEO of Allure Energy, first began developing a smart thermostat in 2009, filing its patent application in 2010, to manage home temperature and energy usage. Allure Energy also developed and patented “Proximity Control Technology” that instantly adapts to a user’s daily schedule to provide automatic comfort and energy savings at home based on the distance a user may be from a residence.

“Allure Energy invented an elegant energy management solution through our EverSenseTM product line, which uses patented Proximity Control Technology we began developing back in 2009,” said Imes. “With our own capital, we created a smart and original thermostat control that also syncs music, reports local weather and offers energy tips, and filed all the required patent documentation well before Nest Labs launched its products.”

 The patent at issue covers, in addition to other features, a temperature controlling apparatus or thermostat capable of receiving inputs from users and automatically creating a schedule and set points. The thermostat is also capable of displaying an energy savings icon (e.g. a green leaf) in connection with the settings and can be accessed remotely using a wireless network from a mobile phone, tablet or computer.

In December 2011, following more than two years of research, development and patent filings, Allure Energy notified Tony Fadell, CEO of Nest Labs, and Nest Labs’ investors of the existence of various patents and publications related to Allure Energy’s development of smart thermostats, auto-learning capabilities and Proximity Control Technology. Each of the two U.S. patents and five patent applications referenced in the notification letter include the subject matter of the infringed patent at issue, an auto-adaptive or learning thermostat.

Imes added, “We have reached out to Nest Labs about the situation, but their management has elected not to respond to us. I’m disappointed it’s come to filing suit, but we have no other recourse to protect a private investment four years in the making.”

The EverSenseTM smart thermostat automatically creates the ideal environment homeowners want. As users approach their dwelling, the Proximity Control Technology adjusts the temperature of their home and manages their energy usage accordingly. EverSense™ also includes other convenient features, such as built-in speakers for streaming music from a smartphone, a weather application including animated radar and tips to help users save energy around the home.

EverSenseTM smart thermostats will be built in Austin, Texas.

In summary:


  • Allure Energy began developing smart thermostat technologies in 2009
  • Allure Energy filed for Intellectual Property coverage, including its first utility patent, with the U.S. Patent Office on July 20, 2010
  • Allure Energy contacted Nest Labs about the patent issues in December 2011 but has never received a response
  • Allure Energy received its patent for the invention of an “Auto-Adaptable Energy Management Apparatus” from the U.S. Patent Office on May 14, 2013
  • Allure filed suit against Nest Labs for patent infringement on May 14, 2013 in U.S. District Court


About Allure Energy

Allure Energy, Inc. is a smart technology provider based in Austin, Texas. Allure Energy develops leading-edge smart solutions that enhance a user’s experience with minimal effort. As consumers and energy providers search for ways to reduce energy consumption without increasing costs, a balance must be maintained between privacy, security, lifestyle, comfort and convenience. EverSenseTM is that solution. For more information, visit


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