DCT

2:22-cv-11403

Neo Wireless LLC v. American Honda Motor Co Inc

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:22-cv-11403, E.D. Mich., 07/20/2022
  • Venue Allegations: Plaintiff alleges venue is proper in the Southern District of Ohio because Defendants have committed acts of infringement there and maintain regular and established places of business, including major manufacturing, research, and development facilities within the district.
  • Core Dispute: Plaintiff alleges that Defendant’s vehicles equipped with 4G/LTE and 5G/NR cellular communication capabilities infringe six patents relating to fundamental technologies for multi-carrier wireless communication systems.
  • Technical Context: The technology concerns methods for managing network access, channel quality feedback, and signaling efficiency in Orthogonal Frequency-Division Multiple Access (OFDMA) networks, which are foundational to the 4G/LTE and 5G/NR cellular standards widely used in connected vehicles.
  • Key Procedural History: The complaint is a First Amended Complaint, filed in response to a motion to dismiss a prior complaint. Plaintiff also alleges it provided Defendant with pre-suit notice of the patents-in-suit via a letter dated November 29, 2021, which it claims was met with no response.

Case Timeline

Date Event
2004-01-29 Earliest Priority Date for ’908, ’512, ’302 Patents
2004-02-13 Earliest Priority Date for ’941 Patent
2005-09-28 Earliest Priority Date for ’450 Patent
2011-08-08 Earliest Priority Date for ’366 Patent
2013-06-18 ’366 Patent Issued
2015-01-01 Accused Products Allegedly Implemented 4G LTE (approx.)
2018-09-11 ’941 Patent Issued
2019-10-15 ’450 Patent Issued
2020-09-08 ’302 Patent Issued
2020-11-10 ’908 Patent Issued
2021-03-30 ’512 Patent Issued
2021-11-29 Plaintiff Sent Notice Letter to Defendant
2022-07-20 Complaint Filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 8,467,366 - Methods and Apparatus for Random Access in Multi-Carrier Communication Systems

The Invention Explained

  • Problem Addressed: In wireless communication systems, a device must first establish a connection with a base station through a "random access" procedure. This process can be inefficient and create interference for other users, and the base station may have difficulty detecting the initial signal (ʼ366 Patent, col. 1:24-41).
  • The Patented Solution: The patent describes designing specific "ranging signals" for this initial access. The solution involves structuring the signal in the frequency domain into distinct blocks of subcarriers and reducing the power at the edges of these blocks. This shaping reduces signal "smearing" and interference with adjacent channels when there are timing misalignments, which are common during initial network access (ʼ366 Patent, col. 3:5-13; Fig. 4). The invention also specifies using particular sequences for the signal to improve detection performance at the base station receiver (ʼ366 Patent, Abstract).
  • Technical Importance: The invention aims to improve the reliability, speed, and spectral efficiency of the fundamental process by which a cellular device, such as one in a vehicle, initially connects to a 4G/LTE network (Compl. ¶¶37, 75).

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 (Compl. ¶75).
  • Essential elements of claim 1 (a mobile station) include:
    • An apparatus to transmit a data signal over a data subchannel.
    • An apparatus to transmit a "ranging signal" over a "ranging subchannel" for random access.
    • The ranging signal is formed from a selected ranging sequence, lasts for one or more OFDM symbols, and has a low peak-to-average power ratio.
    • The ranging subchannel includes at least one block of subcarriers where the power levels of the subcarriers at the block's ends are set to zero.
  • The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 10,833,908 - Channel Probing Signal for a Broadband Communication System

The Invention Explained

  • Problem Addressed: The patent identifies a trade-off between different wireless technologies. Multi-Carrier (MC) systems like OFDM offer high spectral efficiency but can be vulnerable in multi-user environments. Direct Sequence Spread Spectrum (DSSS) systems are robust against interference but are less spectrally efficient (ʼ908 Patent, col. 1:29-54). The problem is how to combine the benefits of both for functions like channel probing or initial access.
  • The Patented Solution: The invention proposes an overlay system where a low-power, robust DSSS signal is transmitted simultaneously with a high-power, high-efficiency OFDM signal in the same time and frequency resources (ʼ908 Patent, Abstract). The DSSS signal is used for control functions like random access, leveraging its interference resilience, while the OFDM signal carries high-rate data. The system is designed to minimize the mutual interference between the two overlaid signal types (ʼ908 Patent, col. 2:38-54).
  • Technical Importance: This overlay technique allows for robust control and access signaling to coexist with high-throughput data traffic, improving overall system efficiency in complex cellular environments like 4G/LTE networks (Compl. ¶¶37, 82).

Key Claims at a Glance

  • The complaint asserts at least independent claim 11 (Compl. ¶82).
  • Essential elements of claim 11 (a method) include:
    • Transmitting a first uplink signal (an OFDM signal) within a frequency band.
    • Transmitting a random access signal followed by a guard period "in only a portion of the frequency band."
    • The random access signal's sequence is associated with the base station.
    • The combined duration of the random access signal and guard period is greater than the duration of at least one OFDM symbol.
    • Receiving a response message from the base station.
  • The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 10,075,941 - Methods and Apparatus for Multi-Carrier Communication Systems with Adaptive Transmission and Feedback

  • Technology Synopsis: The patent addresses improving wireless system efficiency by adapting to changing channel conditions (ʼ941 Patent, col. 1:31-36). It discloses a method where a transmitter jointly adjusts multiple transmission parameters—such as modulation scheme, coding rate, pilot signal patterns, and power levels—based on channel quality feedback received from a mobile device, thereby maximizing data throughput without compromising reliability (ʼ941 Patent, Abstract; col. 2:31-41).
  • Asserted Claims: At least independent claim 13 is asserted (Compl. ¶89).
  • Accused Features: The complaint accuses Honda vehicles that implement the 4G/LTE standard, which allegedly requires the capability to receive and process Downlink Control Information (DCI) to configure the mobile device for accurate signal reception based on network characteristics (Compl. ¶¶88, 89).

U.S. Patent No. 10,447,450 - Method and System for Multi-Carrier Packet Communication with Reduced Overhead

  • Technology Synopsis: The patent addresses the problem of excessive control signaling overhead in multi-carrier wireless networks, particularly for applications like Voice-over-IP (VoIP) that involve many small data packets (ʼ450 Patent, col. 2:7-14). The proposed solution is to designate specific "zones" within the time-frequency resources for particular application types. This grouping allows for more efficient resource mapping and control messaging, reducing the number of bits required to manage packet streams (ʼ450 Patent, Abstract).
  • Asserted Claims: At least independent claim 7 is asserted (Compl. ¶96).
  • Accused Features: The infringement allegation targets the functionality in Honda's LTE-capable vehicles related to receiving and processing the Physical Downlink Control Channel (PDCCH), which is central to recovering information and managing communication with the base station (Compl. ¶¶95, 96).

U.S. Patent No. 10,965,512 - Method and Apparatus Using Cell-Specific and Common Pilot Subcarriers in Multi-Carrier, Multi Cell Wireless Communication Networks

  • Technology Synopsis: The patent addresses interference between pilot signals from different cells in a multi-cell network, which can degrade system performance (ʼ512 Patent, col. 1:53-62). It discloses a system using two distinct types of pilot subcarriers: "cell-specific" pilots that are unique to each cell for functions like channel estimation, and "common" pilots that are shared across all cells for network-wide functions like frequency synchronization. This dual-pilot structure is designed to mitigate inter-cell interference and improve overall network reliability (ʼ512 Patent, Abstract).
  • Asserted Claims: At least independent claim 15 is asserted (Compl. ¶103).
  • Accused Features: The complaint accuses Honda vehicles that operate in 4G/LTE networks and support various transmission modes, including those that use UE-specific reference signals to maintain accurate signaling and data reception while moving through multiple serving cells (Compl. ¶¶102, 103).

U.S. Patent No. 10,771,302 - Channel Probing Signal for a Broadband Communication System

  • Technology Synopsis: This patent, related to the ’908 patent, describes a hybrid communication system that overlays a robust, low-power spread spectrum signal with a high-efficiency OFDM signal (ʼ302 Patent, Abstract). The spread spectrum signal facilitates essential system functions like channel probing or initial access, while the OFDM signal carries high-rate data, with techniques devised to minimize mutual interference between the two co-existing signals (ʼ302 Patent, col. 2:38-54).
  • Asserted Claims: At least independent claim 23 is asserted (Compl. ¶110).
  • Accused Features: The complaint targets Honda vehicles that implement 4G/LTE functionality, specifically the alleged capability to support simultaneous transmission of Sounding Reference Signals (SRS) and Physical Uplink Control Channel (PUCCH) signals, which relates to reference signaling for channel measurement (Compl. ¶¶109, 110).

III. The Accused Instrumentality

Product Identification

  • The Accused Products are Honda vehicle models, including but not limited to the Odyssey, Pilot, and Passport, that are equipped with instrumentalities for 4G/LTE and/or 5G/NR cellular communications (Compl. ¶45).

Functionality and Market Context

  • The Accused Products incorporate cellular modules, such as the HondaLink system, that enable connectivity to 4G/LTE and 5G/NR networks (Compl. ¶43). This functionality supports a variety of modern automotive features, including in-vehicle Wi-Fi hotspots, SOS emergency assistance, automatic collision notification, remote vehicle start and climate control, and live traffic data (Compl. ¶42). The complaint alleges that in order to provide these features, the vehicles must be configured to operate in compliance with 3GPP standards (from release 8 through at least release 17), and that such compliance necessarily requires practicing the patented technologies (Compl. ¶¶46, 48). No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

U.S. Patent No. 8,467,366 Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
an apparatus configured to transmit a ranging signal... over a ranging subchannel for random access... Accused Products are configured to transmit random access signals to establish connections with LTE base stations as part of the standard random-access procedure. ¶75 col. 2:40-44
the ranging signal... exhibits a low peak-to-average power ratio in the time domain... The complaint alleges that implementing the portions of the 3GPP LTE standard related to the random-access procedure requires practicing this element. ¶75 col. 5:35-39
the ranging subchannel comprises at least one block of subcarriers... and power levels of subcarriers at both ends of a block are set to zero. The complaint alleges that the technology covered by this claim is reflected in the 3GPP standard and is a core part of communications on an LTE network implemented by the Accused Products. ¶75 col. 3:5-13
  • Identified Points of Contention:
    • Scope Questions: A primary question will be whether Honda's implementation of the 3GPP standard's random access channel (RACH) meets the specific structural limitations of a "ranging subchannel" where power levels of subcarriers "at both ends of a block are set to zero." The interpretation of "set to zero" (i.e., whether it requires absolute zero power or allows for significant attenuation) may be a central issue.
    • Technical Questions: The complaint's theory rests on necessary infringement by standard compliance. A key technical question will be what evidence demonstrates that the specific random access signals transmitted by Honda's vehicles actually exhibit a "low peak-to-average power ratio" as required by the claim.

U.S. Patent No. 10,833,908 Infringement Allegations

Claim Element (from Independent Claim 11) Alleged Infringing Functionality Complaint Citation Patent Citation
transmitting, to a base station, a first uplink signal... wherein the first uplink signal is an orthogonal frequency division multiplexing (OFDM) signal... Accused Products operate on 4G/LTE networks and are configured to transmit data and control signals using OFDM technology as defined by the 3GPP standards. ¶¶46, 80 col. 1:40-43
transmitting... a random access signal... in only a portion of the frequency band... The complaint alleges the Accused Products operate within frequency bands corresponding to more than 6 resource blocks and transmit the random access signal in a smaller portion of that band. ¶81 col. 3:9-14
wherein a time duration of a combination of the random access signal and the guard period is greater than a time duration of at least one of the plurality of OFDM symbols... This is alleged to be a required characteristic of the random-access procedure implemented by the Accused Products to comply with the 3GPP LTE standard. ¶82 col. 3:28-32
  • Identified Points of Contention:
    • Scope Questions: The dispute may focus on whether the accused random access signal is transmitted "in only a portion of the frequency band" in a manner that corresponds to the patent's teachings of an overlay system. The defense could argue that standard LTE channel structures do not create the specific type of overlaid signal system contemplated by the inventors.
    • Technical Questions: An evidentiary question will be whether the timing of the random access signals in the Accused Products satisfies the specific "greater than" duration limitation of claim 11 relative to the vehicle's OFDM symbol duration under all operating conditions.

V. Key Claim Terms for Construction

  • Term from ’366 Patent: "power levels of subcarriers at both ends of a block are set to zero"

    • Context and Importance: This term is critical because it defines a specific structural requirement of the claimed "ranging subchannel." The infringement analysis for the ’366 patent will depend heavily on whether the signals transmitted by the Accused Products meet this limitation, making its construction pivotal.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation (e.g., substantially reduced power): The specification describes the purpose of this feature as minimizing interference caused by spectrum smearing (ʼ366 Patent, col. 4:63-65). A party might argue that "set to zero" should be interpreted functionally to mean sufficiently attenuated to achieve this purpose, rather than a literal value of zero.
      • Evidence for a Narrower Interpretation (e.g., literal zero power): The claim language uses the explicit term "set to zero." Furthermore, the patent states, "In a special case, the power levels of the two subcarriers at both ends of a block are set to zero" (ʼ366 Patent, col. 3:11-13), which a party could argue defines the claimed embodiment as requiring a literal absence of power.

  • Term from ’908 Patent: "a random access signal... in only a portion of the frequency band"

    • Context and Importance: This limitation distinguishes the random access signal from other signals that might occupy the full operational bandwidth. Infringement of the ’908 patent hinges on the accused signal occupying a smaller frequency footprint than the available uplink band, as alleged by the plaintiff (Compl. ¶81).
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The complaint alleges this is met when a device operates in a channel wider than 6 resource blocks and sends a random access signal within that channel, a common scenario in LTE (Compl. ¶81). This suggests any standard random access transmission that is not channel-wide would meet the limitation.
      • Evidence for a Narrower Interpretation: The patent repeatedly describes an "overlay" system where a spread spectrum signal is intentionally overlaid on a multi-carrier signal (ʼ908 Patent, Abstract; col. 2:38-41). A party may argue that "in only a portion" must be read in this specific technical context, requiring a particular type of simultaneous, overlaid transmission rather than merely any narrowband transmission within a wider channel.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges induced infringement under 35 U.S.C. § 271(b). It asserts that Honda encourages and instructs its customers to infringe by providing advertising, technical materials, and user manuals (e.g., "How to Use the Built in 4G LTE Wi-Fi") that direct end-users to operate the accused 4G/LTE features in an infringing manner (Compl. ¶¶61, 62, 65).
  • Willful Infringement: The complaint alleges willful infringement based on both pre-suit and post-suit knowledge. It claims Honda had pre-suit knowledge of the patents and its infringement as of November 30, 2021, via a detailed notice letter, and that Honda's subsequent failure to respond or alter its conduct was objectively reckless. Post-suit knowledge is based on the filing of the complaint itself (Compl. ¶¶68-70).

VII. Analyst’s Conclusion: Key Questions for the Case

  • A central issue will be one of standard essentiality and implementation: The complaint's infringement theory relies on the assertion that compliance with the 3GPP LTE standards necessarily requires practicing the patented inventions. The case will likely focus on whether Honda's specific implementation of those standards in its vehicles practices every limitation of the asserted claims, or if a standard-compliant device can be designed that avoids infringement.
  • The litigation may turn on a question of claim construction and technical scope: Can the term "power levels... set to zero" in the ’366 patent be construed to cover the signal shaping used in standard LTE random access channels, or does it impose a stricter, literal requirement that the accused systems do not meet?
  • A key question regarding damages will be the sufficiency of pre-suit notice: Did the November 2021 letter provide notice sufficiently specific to give rise to a duty of care, potentially exposing Honda to enhanced damages for willful infringement, or will any finding of willfulness be limited to the post-suit period?