DCT
1:22-cv-05250
Bataan Licensing LLC v. Mako Networks Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Bataan Licensing LLC (Texas)
- Defendant: Mako Networks, Inc. (Illinois)
- Plaintiff’s Counsel: Direction IP Law
- Case Identification: 1:22-cv-05250, N.D. Ill., 09/27/2022
- Venue Allegations: Venue is alleged to be proper based on Defendant maintaining a place of business in the Northern District of Illinois and having committed alleged acts of infringement within the district.
- Core Dispute: Plaintiff alleges that Defendant’s Mako 6600 networking device infringes a patent related to methods for adaptively changing communication modes in a communication terminal.
- Technical Context: The technology concerns dynamically instructing a network terminal to switch between different communication protocols or modulation schemes based on messages from a central network controller, aiming to improve network efficiency and reliability.
- 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 | '982 Patent Priority Date |
| 2008-09-09 | '982 Patent Issue Date |
| 2008-12-01 | LTE Release 8 standard frozen (per complaint) |
| 2022-09-27 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 7,423,982 - "Adaptive Communication Modes"
- Patent Identification: U.S. Patent No. 7,423,982, "Adaptive Communication Modes", issued September 9, 2008. (Compl. ¶9).
The Invention Explained
- Problem Addressed: The patent describes a problem in communication systems, such as cable television networks, where a terminal's (e.g., a set-top box's) communication channel for downloading data or software may be slow or impaired, leading to delays and a poor user experience. ('982 Patent, col. 1:40-48).
- The Patented Solution: The invention provides a method where a terminal receives a message from a network control system that specifies a particular "communication mode" to use. ('982 Patent, Abstract). In response, the terminal implements the specified mode, which may involve using a different communication channel, protocol (e.g., switching between DAVIC and DOCSIS standards), or modulation scheme, thereby allowing the network to dynamically adapt the terminal's behavior to optimize performance. ('982 Patent, col. 4:15-25; col. 6:35-51).
- Technical Importance: This approach provided a framework for creating more flexible and robust communication networks by allowing terminals to switch between different operational modes to overcome channel impairments or to utilize more efficient communication standards as they become available. ('982 Patent, col. 2:40-48).
Key Claims at a Glance
- The complaint asserts direct infringement of at least independent claim 12. (Compl. ¶14).
- The essential elements of independent claim 12 are:
- Receiving a message from a remotely located network control system.
- In response to the message specifying a first communication mode, implementing that mode, which includes communicating with the network using quadrature phase shift keying (QPSK) modulation for both broadcast and unicast data.
- In response to the message specifying a second communication mode, implementing that mode, which includes communicating with the network using quadrature amplitude modulation (QAM).
- The complaint's prayer for relief seeks a judgment of infringement on "one or more claims," preserving the right to assert others. (Compl. p. 31, ¶a).
III. The Accused Instrumentality
Product Identification
- Product Identification: The Mako Networks Mako 6600 ("Accused Instrumentality"). (Compl. ¶14).
Functionality and Market Context
- Functionality and Market Context:
- The Mako 6600 is a networking device for business locations that provides WAN connectivity using various technologies, including the cellular LTE standard. (Compl. ¶15). A product screenshot shows the Mako 6600 device, which is described as offering connectivity options including Dual-SIM LTE. (Compl. p. 4).
- The complaint alleges the device communicates with an LTE base station and utilizes different modulation schemes as part of its operation. (Compl. ¶15). Specifically, it is alleged to receive Downlink Control Information (DCI) values over a Physical Downlink Control Channel (PDCCH), with the DCI value suggesting a modulation scheme (e.g., QPSK or QAM) for communication with the base station. (Compl. ¶16).
IV. Analysis of Infringement Allegations
'982 Patent Infringement Allegations
| Claim Element (from Independent Claim 12) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| receiving a message from a remotely located network control system | The Mako 6600 allegedly receives a message, in the form of a DCI value, from an LTE base station (the network control system) over the PDCCH. | ¶16 | col. 15:1-3 |
| response 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 wherein implementing the first communication mode includes receiving broadcast data and transmitting and receiving unicast data using the first type of modulation scheme | When the received DCI value indicates a QPSK modulation scheme, the Mako 6600 allegedly communicates with the base station using QPSK for both uplink and downlink, which includes broadcast and unicast messages. The complaint provides a table from an ETSI standard showing that certain modulation and coding scheme (MCS) index values correspond to a QPSK modulation order. | ¶17, p. 17 | col. 16:16-25 |
| 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 received DCI value indicates a QAM modulation scheme, the Mako 6600 allegedly communicates with the base station using QAM. The complaint references an ETSI standards table that shows specific MCS index values corresponding to QAM modulation orders (e.g., 16QAM, 64QAM). | ¶18, p. 19 | col. 16:26-32 |
Identified Points of Contention
- Identified Points of Contention:
- Scope Questions: A central dispute may concern whether the term "message", as used in a patent with a 2002 priority date and a focus on high-level cable system protocols (DSM-CC), can be construed to encompass a low-level, physical-layer LTE control signal like a "DCI value". The patent specification repeatedly discusses the "message" in the context of a "UNConfigIndication message" that directs a switch between entire communication standards like DAVIC and DOCSIS. (e.g., '982 Patent, col. 4:39-51).
- Technical Questions: The analysis may raise the question of whether the dynamic, sub-frame-level link adaptation inherent to LTE, where modulation schemes change rapidly, constitutes "implementing" a "communication mode" as contemplated by the patent. The patent appears to describe a more persistent, state-based change rather than a momentary adjustment in modulation for a single transmission block.
V. Key Claim Terms for Construction
The Term: "message"
- The Term: "message"
- Context and Importance: The viability of the infringement case hinges on whether an LTE DCI signal qualifies as a "message." Practitioners may focus on this term because the patent specification provides specific examples of what constitutes a message, which appear technically distinct from the accused functionality.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The claim term "message" is not explicitly defined or limited to a specific protocol in the claims themselves, which may support an argument for applying its plain and ordinary meaning.
- Evidence for a Narrower Interpretation: The specification consistently exemplifies the "message" as a "UNConfigIndication message" that complies with the DSM-CC protocol and contains a Data Communication Mode Identifier (DCM-ID) to direct a switch between standards like DAVIC or DOCSIS. ('982 Patent, col. 4:39-44; col. 7:12-24). This context may support a narrower construction.
The Term: "communication mode"
- The Term: "communication mode"
- Context and Importance: The complaint equates "communication mode" with a particular modulation scheme (QPSK or QAM). The defense may argue that in the patent's context, the term implies a more comprehensive operational state.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: Claim 12 itself appears to define the modes by their respective modulation schemes ("...a first communication mode including... a first type of modulation scheme... is quadrature phase shift keying..."). This direct linkage in the claim language itself may support the plaintiff's interpretation.
- Evidence for a Narrower Interpretation: The specification describes "communication modes" as distinct, named operational standards, such as a "DAVIC mode," "DOCSIS mode," or "MDD mode," each identified by a specific "DCM-ID." ('982 Patent, col. 6:35-51). This suggests a "communication mode" is a complete protocol state, not merely a physical layer attribute like modulation.
VI. Other Allegations
The complaint does not contain counts for indirect or willful infringement.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the claim terms "message" and "communication mode", which are described in the patent's specification in the context of high-level, persistent switching between cable television communication standards (e.g., DAVIC and DOCSIS), be construed to cover the low-level, highly dynamic physical layer signaling ("DCI") and rapid modulation changes inherent to the modern LTE cellular standard?
- A key evidentiary question will be one of functional operation: does the accused functionality—using DCI to perform rapid link adaptation within the LTE standard—perform the same function as the patented method, which appears to describe a system for a terminal to execute a deliberate, less frequent change of its entire operational protocol in response to a specific command from a network controller?