DCT
1:22-cv-05247
Bataan Licensing LLC v. Donaldson Co Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Bataan Licensing LLC (Texas)
- Defendant: Donaldson Company, Inc. (Illinois)
- Plaintiff’s Counsel: Direction IP Law
- Case Identification: 1:22-cv-05247, N.D. Ill., 09/27/2022
- Venue Allegations: Venue is alleged to be proper based on Defendant maintaining a place of business in the district at 815 W Progress Dr., Dixon, IL.
- Core Dispute: Plaintiff alleges that Defendant’s industrial sensor gateway, which utilizes the LTE cellular standard, infringes a patent related to adaptive communication modes originally developed for cable television set-top boxes.
- Technical Context: The technology concerns methods for communication systems to adapt to changing network conditions by switching between different communication modes, such as different modulation schemes.
- Key Procedural History: The complaint does not mention any prior litigation, Inter Partes Review (IPR) proceedings, or licensing history related to the patent-in-suit.
Case Timeline
| Date | Event |
|---|---|
| 2002-09-09 | U.S. Patent No. 7,423,982 Priority Date |
| 2008-09-09 | U.S. Patent No. 7,423,982 Issue Date |
| 2022-09-27 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 7,423,982 - "Adaptive Communication Modes"
The Invention Explained
- Problem Addressed: The patent describes a problem in the context of cable television systems where set-top terminals (STTs) download software or data. The communication channels used for these downloads can be slow or become impaired, resulting in delays or a lack of functionality for the user (’982 Patent, col. 1:40-48).
- The Patented Solution: The invention proposes a method where a central network control system sends a message to a communication terminal (e.g., an STT) that specifies a particular "communication mode." In response, the terminal implements the specified mode, which may involve using a certain communication protocol (e.g., DAVIC or DOCSIS), a particular type of channel, or a specific modulation scheme (’982 Patent, Abstract; col. 2:46-54). This allows the system to dynamically adapt communications to optimize performance or bypass impaired channels.
- Technical Importance: The described approach provides a mechanism for a network operator to centrally manage and reconfigure the communication parameters of many terminals in the field, enhancing network flexibility and reliability (’982 Patent, col. 3:32-40).
Key Claims at a Glance
- The complaint asserts independent claim 12.
- The essential elements of claim 12 are:
- A method for implementing a communication mode for a communication terminal, comprising:
- receiving a message from a remotely located network control system;
- responsive to the message specifying a first communication mode, implementing the first communication mode including communication with the network control system using a first type of modulation scheme, wherein the first type of modulation scheme is quadrature phase shift keying (QPSK); and
- responsive to the message specifying a second communication mode, implementing the second communication mode including communicating with the network control system using a second type of modulation scheme, wherein the second type of modulation scheme is quadrature amplitude modulation (QAM).
- The complaint does not explicitly reserve the right to assert dependent claims.
III. The Accused Instrumentality
Product Identification
The Donaldson iCue Sensor Integrated Gateway ("Accused Instrumentality") (Compl. ¶14).
Functionality and Market Context
- The Accused Instrumentality is a gateway device for industrial sensors that communicates over a Cellular LTE network (Compl. ¶15). The complaint includes a screenshot from the product's technical specifications listing "LTE" as its "Cellular Technologies" (Compl. ¶15). It communicates with a base station using different modulation schemes as instructed by control messages received from the network (Compl. ¶15, ¶16).
- The complaint alleges the product practices a method of implementing different communication modes by selecting modulation schemes like QPSK and QAM based on values in Downlink Control Information (DCI) messages received from an LTE base station (Compl. ¶16, ¶17, ¶18). The complaint provides a screenshot showing the physical device (Compl. ¶14).
IV. Analysis of Infringement Allegations
’982 Patent Infringement Allegations
| Claim Element (from Independent Claim 12) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A method for implementing a communication mode for a communication terminal, comprising: receiving a message from a remotely located network control system; | The Accused Instrumentality, acting as a communication terminal, allegedly receives a Downlink Control Information (DCI) message from a remotely located LTE base station, which functions as the network control system (Compl. ¶16). | ¶16 | col. 12:48-50 |
| responsive to the message specifying a first communication mode, implementing the first communication mode including communication with the network control system using a first type of modulation scheme, wherein the first type of modulation scheme is quadrature phase shift keying (QPSK)... | When the DCI message specifies a QPSK modulation scheme, the Accused Instrumentality implements it and communicates with the LTE base station using QPSK modulation (Compl. ¶17). A provided ETSI standard document lists QPSK as a supported modulation scheme (Compl. ¶7). | ¶17 | col. 16:19-29 |
| and responsive to the message specifying a second communication mode, implementing the second communication mode including communicating with the network control system using a second type of modulation scheme, wherein the second type of modulation scheme is quadrature amplitude modulation (QAM). | When the DCI message indicates a QAM modulation scheme, the Accused Instrumentality implements it and communicates with the LTE base station using QAM (Compl. ¶18). The complaint includes a table from a technical standard linking control index values to QAM modulation orders (Compl. ¶26). | ¶18 | col. 16:30-37 |
- Identified Points of Contention:
- Scope Questions: The infringement theory raises the question of whether a system described in the context of a cable television network (headend, set-top box, DAVIC/DOCSIS protocols) can be read to cover a modern cellular LTE network (base station, sensor gateway, 3GPP protocols). A key dispute may be whether an "LTE base station" constitutes a "network control system" as that term is used in the ’982 patent, which describes a "Digital Network Control System (DNCS)" that manages sessions and resources for set-top boxes ( ’982 Patent, col. 3:32-38).
- Technical Questions: A central technical question is whether a low-level "DCI value" that dictates a modulation scheme for a data transmission is equivalent to a "message specifying a... communication mode" as claimed. The patent appears to treat a "communication mode" as a higher-level state (e.g., "DAVIC DCM-ID" or "DOCSIS DCM-ID") that dictates an entire operational protocol, not just the modulation for an immediate data packet (’982 Patent, col. 6:33-56). The complaint's evidence centers on LTE standards for determining modulation order based on control channel information (Compl. ¶17, ¶26).
V. Key Claim Terms for Construction
"communication mode"
- Context and Importance: This term is the lynchpin of the asserted claim. Its definition will determine whether the accused product's act of switching between modulation schemes (QPSK/QAM) in response to a control signal constitutes implementing different "communication modes." Practitioners may focus on this term because the patent's context appears broader than the specific activity alleged to be infringing.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification repeatedly refers to distinct, high-level modes identified by a "data communication mode identifier (DCM-ID)," such as a "DAVIC DCM-ID," a "DOCSIS DCM-ID," or a "mixed DAVIC/DOCSIS (MDD)" mode (’982 Patent, col. 6:33-40). This suggests a "communication mode" is a comprehensive operational state involving specific communication standards, not just a modulation scheme.
- Evidence for a Narrower Interpretation: The claims themselves tie the "communication mode" directly to the use of a "type of modulation scheme" (’982 Patent, col. 16:19-37). A party could argue that because the claim explicitly defines the implementation of the mode by the modulation scheme used, the modulation scheme itself is the defining characteristic of the "mode" for infringement purposes.
"network control system"
- Context and Importance: Infringement hinges on whether an LTE base station qualifies as a "network control system." The patent's specific embodiments will likely be used to argue for a narrower construction limited to the cable television context.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The term itself is general. The claims do not explicitly limit it to a cable television environment. A party could argue that any remote system that controls the communication parameters of a terminal fits the plain meaning.
- Evidence for a Narrower Interpretation: The detailed description consistently describes the "network control system" as a "Digital Network Control System (DNCS)" situated in a cable "headend" that "manages, monitors and controls the operation of STTs" using a "DSM-CC" environment (’982 Patent, col. 3:32-43). This specific context may support an interpretation that limits the term to a system with similar architectural and functional characteristics.
VI. Other Allegations
The complaint does not contain specific factual allegations to support claims for indirect infringement or willful infringement beyond a general statement of "constructive notice" (Compl. ¶20).
VII. Analyst’s Conclusion: Key Questions for the Case
- Definitional Scope: The central issue will be one of claim construction. Can the term "communication mode", which the patent describes as a comprehensive operational state like "DOCSIS mode," be interpreted to cover the more granular act of switching between QPSK and QAM modulation schemes as alleged in the complaint?
- Technological Equivalence: A key question for the court will be whether a modern LTE cellular network, with its base stations and control channel signaling, is legally equivalent to the "network control system" described in the patent, which is rooted in the architecture of 2000s-era cable television delivery systems.
- Act of "Specifying": An evidentiary question will be whether the accused product's receipt of a DCI value in an LTE control channel, which dictates the modulation for an upcoming transmission, constitutes receiving a "message specifying a... communication mode" in the manner contemplated by the claims, or if it is a fundamentally different type of low-level signaling.