2:22-cv-11407
Neo Wireless LLC v. General Motors
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Neo Wireless, LLC (Delaware)
- Defendant: General Motors Company & General Motors LLC (Delaware)
- Plaintiff’s Counsel: Caldwell Cassady Curry P.C.
- Case Identification: 2:22-cv-11407, E.D. Mich., 07/20/2022
- Venue Allegations: The complaint alleges venue is proper in the Eastern District of Texas based on Defendant’s commission of infringing acts and maintenance of a regular and established place of business in that district, including an IT Innovation Center in Austin and a Parts Distribution Center in Fort Worth. This case is part of a Multi-District Litigation (MDL) proceeding centralized in the Eastern District of Michigan.
- Core Dispute: Plaintiff alleges that Defendant’s vehicles equipped with 4G/LTE and 5G/NR cellular communication capabilities infringe six patents related to foundational technologies for managing network access, data transmission, and signaling in multi-carrier wireless systems.
- Technical Context: The patents address technical challenges in Orthogonal Frequency-Division Multiple Access (OFDMA) networks, a core technology underlying the 4G/LTE and 5G cellular standards that enable modern high-speed mobile communications.
- Key Procedural History: The Patents-in-Suit were originally assigned by Neocific, Inc., and transferred to Plaintiff Neo Wireless, LLC via an intermediary. This action is part of a broader Multi-District Litigation, In re Neo Wireless, LLC Patent Litig. (2:22-md-03034), consolidating multiple infringement actions filed by the Plaintiff.
Case Timeline
| Date | Event |
|---|---|
| 2004-01-29 | Earliest Priority Date ('302, '908 Patents) |
| 2004-02-13 | Earliest Priority Date ('941 Patent) |
| 2005-09-28 | Earliest Priority Date ('450 Patent) |
| 2011-08-08 | Earliest Priority Date ('366 Patent) |
| 2013-06-18 | '366 Patent Issued |
| 2016-03-28 | Earliest Priority Date ('512 Patent) |
| 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 |
| 2022-07-20 | Complaint Filing Date |
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"
Issued June 18, 2013
The Invention Explained
- Problem Addressed: In a shared wireless medium, multiple mobile devices must contend for access to a base station. This "random access" process can be inefficient and prone to collisions, and misaligned signals can cause interference with ongoing data transmissions from other users (’366 Patent, col. 1:21-44).
- The Patented Solution: The invention describes a method for a mobile station to transmit a specially structured "ranging signal" for random access. This signal is sent on a dedicated "ranging subchannel" composed of one or more blocks of contiguous subcarriers. The signal power at the edges of these blocks is reduced or set to zero to minimize interference with adjacent channels, even if the mobile station's timing is not yet perfectly aligned with the base station (’366 Patent, col. 3:5-13, Fig. 4).
- Technical Importance: This approach seeks to improve the reliability of the initial connection a device makes to a cellular network while protecting the integrity of communications from already-connected users.
Key Claims at a Glance
- The complaint asserts at least independent claim 1 (Compl. ¶75).
- Claim 1 (Method at a Mobile Station):
- Transmitting a data signal over a data subchannel.
- Transmitting a ranging signal over a ranging subchannel for random access.
- The ranging signal is formed from a sequence selected from a set associated with the cell to identify the mobile station.
- The ranging signal lasts for one or more OFDM symbols and has a low peak-to-average power ratio.
- The ranging subchannel comprises at least one block of subcarriers where the power levels of the subcarriers at both ends of the block are set to zero.
- The complaint reserves the right to assert additional claims, including system and apparatus claims (Compl. ¶52).
U.S. Patent No. 10,833,908 - "Channel Probing Signal for a Broadband Communication System"
Issued November 10, 2020
The Invention Explained
- Problem Addressed: In broadband wireless systems, essential system functions like initial network access or measuring channel quality ("channel probing") require the mobile device to send a signal to the base station. Transmitting such signals can interfere with the primary, high-rate data communications occurring on the same network (’908 Patent, col. 1:28-40).
- The Patented Solution: The invention discloses a method where a secondary signal, such as a random access or probing signal, is intentionally overlaid in time with the primary multi-carrier (OFDM) data signal. This probing signal is designed to occupy only a portion of the total frequency band and may use spread-spectrum techniques, allowing the base station to detect it without significant disruption to the main data traffic (’908 Patent, col. 2:38-54, Fig. 7).
- Technical Importance: This technique allows for control and data signals to coexist, enhancing spectral efficiency by enabling network maintenance functions to occur in parallel with user data transmission.
Key Claims at a Glance
- The complaint asserts at least independent claim 11 (Compl. ¶82).
- Claim 11 (Method at a Mobile Station):
- Transmitting a first uplink signal (e.g., data) within a frequency band.
- Transmitting a random access signal followed by a guard period in only a portion of that frequency band.
- The random access signal includes a sequence associated with the base station.
- The combined time duration of the random access signal and its guard period is greater than the duration of at least one OFDM symbol.
- The complaint reserves the right to assert additional claims (Compl. ¶52).
U.S. Patent No. 10,075,941 - "Methods and Apparatus for Multi-Carrier Communications With Adaptive Transmission and Feedback"
Issued September 11, 2018
Technology Synopsis
This patent addresses methods for adapting wireless transmissions to changing channel conditions. It discloses dynamically adjusting parameters such as the antenna transmission scheme (e.g., diversity vs. MIMO for throughput) and the subchannel configuration (e.g., localized vs. distributed subcarriers) based on channel feedback to optimize performance (’941 Patent, col. 2:35-50).
Asserted Claims
At least claim 13 (Compl. ¶89).
Accused Features
The complaint alleges infringement through the configuration of mobile devices to receive and process Downlink Control Information (DCI) formats, which contain transmission parameters for subsequent signals (Compl. ¶¶88-89).
U.S. Patent No. 10,447,450 - "Method and System for Multi-Carrier Packet Communication with Reduced Overhead"
Issued October 15, 2019
Technology Synopsis
This patent describes methods to reduce control signaling overhead in wireless systems. The invention proposes grouping transmissions for similar applications (e.g., VoIP) into designated "zones" within the time-frequency resource, which allows for more efficient control messaging and resource allocation compared to managing each connection individually (’450 Patent, col. 2:45-54, Fig. 6).
Asserted Claims
At least claim 7 (Compl. ¶96).
Accused Features
Infringement is alleged based on the accused products' ability to receive and process various Physical Downlink Control Channel (PDCCH) formats, including those comprising 2, 4, or 8 Control Channel Elements (CCEs), which are used to recover information and manage communication (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"
Issued March 30, 2021
Technology Synopsis
The patent addresses signal interference in multi-cell networks by proposing a system with two types of pilot signals: "cell-specific" pilots unique to each cell for functions like channel estimation, and "common" pilots shared across multiple cells for functions like frequency synchronization. This dual-pilot structure is designed to allow a receiver to perform different system functions reliably, even in the presence of signals from neighboring cells (’512 Patent, col. 1:38-51, Abstract).
Asserted Claims
At least claim 15 (Compl. ¶103).
Accused Features
The complaint alleges infringement through the use of various transmission modes, including at least transmission mode 7, which uses UE-specific (user equipment-specific) reference signals for accurate signaling, particularly for highly mobile devices (Compl. ¶¶102-103).
U.S. Patent No. 10,771,302 - "Channel Probing Signal for a Broadband Communication System"
Issued September 8, 2020
Technology Synopsis
This patent, related to the ’908 Patent, also describes overlaying a spread-spectrum probing signal with a primary OFDM data signal. It focuses on using this probing signal to enable accurate channel measurement and allocation of bandwidth resources, which is particularly important for mobile devices whose channel conditions change frequently (’302 Patent, col. 1:28-40, col. 2:38-50).
Asserted Claims
At least claim 23 (Compl. ¶110).
Accused Features
Infringement allegations center on the accused products' support for simultaneous transmission of Sounding Reference Signals (SRS), used for channel probing, and Physical Uplink Control Channel (PUCCH) signals (Compl. ¶¶109-110).
III. The Accused Instrumentality
Product Identification
The "Accused Products" are GM vehicle models equipped with 4G/LTE and/or 5G/NR cellular communication capabilities, including but not limited to the Blazer, Bolt, Equinox, Sierra, Cadillac XT5, and Encore models (Compl. ¶46).
Functionality and Market Context
The accused functionality is the vehicles' built-in cellular technology, provided via the OnStar system, which enables connectivity compliant with 3GPP standards (release 8 through 17) (Compl. ¶¶44, 47). This connectivity supports features such as in-vehicle Wi-Fi hotspots, remote diagnostics, emergency assistance, stolen vehicle tracking, and interaction with the vehicle through a mobile application (the myGMC App) (Compl. ¶¶43, 45). The complaint positions this technology as a significant advancement that provides faster data speeds and enhanced in-vehicle features for consumers (Compl. ¶43). No probative visual evidence provided in complaint.
IV. Analysis of Infringement Allegations
The complaint alleges that by implementing the 3GPP 4G/LTE and 5G/NR standards, the Accused Products necessarily practice the methods claimed in the Patents-in-Suit (Compl. ¶49). The specific infringement allegations for each patent are based on the products' compliance with various releases of these standards (Compl. ¶¶75, 82). The complaint references, but does not include, exhibits that purport to map claim elements to the 3GPP standards.
’366 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| transmitting a...ranging signal to the serving base station...over a ranging subchannel for random access | The Accused Products perform a random-access procedure to establish connections with base stations for LTE networks. | ¶75 | col. 3:41-47 |
| the ranging signal is formed from a ranging sequence selected from a set of ranging sequences associated with the cell for identifying the mobile station | The random-access procedure is integral to establishing connections and is alleged to use sequences to identify the device. | ¶75 | col. 3:41-47 |
| 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 Accused Products are alleged to be configured to practice the covered functionality, which the complaint alleges includes the structure defined in the claim. | ¶75 | col. 3:5-13 |
’908 Patent Infringement Allegations
| Claim Element (from Independent Claim 11) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| transmitting...a first uplink signal within a frequency band... | The Accused Products transmit data and control information over the 4G/LTE cellular network. | ¶¶47-48 | col. 2:38-41 |
| transmitting...a random access signal...in only a portion of the frequency band | The Accused Products allegedly transmit random access signals in only a portion of the frequency band, such as within a limited number of resource blocks. | ¶81 | col. 2:41-45 |
| 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 | The Accused Products are alleged to implement the 3GPP LTE standard, which requires practicing the claimed method. | ¶82 | col. 4:10-15 |
Identified Points of Contention
- Scope Questions: A central question will be whether practicing the 3GPP standards, as implemented by the Accused Products, requires practicing the specific limitations of the asserted claims. For the ’366 Patent, a dispute may arise over whether the term "power levels...set to zero" reads on the spectral shaping of the actual random access signals transmitted by the Accused Products.
- Technical Questions: For the ’908 Patent, a factual question will be whether the random access transmissions from the Accused Products are technically confined to "only a portion of the frequency band" as construed in the context of the patent, or if they have characteristics that fall outside this limitation. The complaint's reliance on standard-compliance over specific product testing suggests that the precise operational details of the accused OnStar systems will be a key area of dispute.
V. Key Claim Terms for Construction
For the ’366 Patent
- The Term: "ranging subchannel"
- Context and Importance: The definition of this term is critical, as it defines the physical resource on which the allegedly infringing act occurs. The dispute will likely focus on whether the structure of the Physical Random Access Channel (PRACH) in the LTE standard meets the specific structural limitations of a "ranging subchannel" as described in the patent.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes a subchannel generally as a group of data subcarriers that "support scalability and multiple-access" and are not necessarily adjacent (’366 Patent, col. 2:4-8).
- Evidence for a Narrower Interpretation: The specification also describes a "ranging subchannel" in specific embodiments as being composed of "multiple blocks of subcarriers" with particular frequency spacing, which could support a narrower construction tied to these structural details (’366 Patent, col. 3:5-7, Fig. 8).
For the ’908 Patent
- The Term: "a portion of the frequency band"
- Context and Importance: Infringement of claim 11 requires the random access signal to be transmitted in "only a portion" of the band used for other uplink signals. Practitioners may focus on this term because the defense could argue that, due to signal properties, the random access transmission is not strictly confined to a "portion" in the manner required by the patent.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification contrasts the invention with systems where a probing signal is transmitted over the "entire frequency band," suggesting "a portion" could mean anything less than the whole (’908 Patent, col. 2:41-45).
- Evidence for a Narrower Interpretation: Figure 7 depicts subchannels occupying distinct and separate frequency segments, which could be used to argue that "a portion" implies a discrete, non-overlapping frequency allocation rather than just a concentration of signal energy (’908 Patent, Fig. 7).
VI. Other Allegations
- Indirect Infringement: The complaint alleges induced infringement, stating that Defendant provides technical documentation, user manuals, and advertising that encourage and instruct customers and dealerships to use the 4G/LTE and 5G/NR features of the Accused Products in an infringing manner (Compl. ¶¶62-65).
- Willful Infringement: Willfulness is alleged based on Defendant’s purported knowledge of the patents and infringement "at least as early as the date of service of this Complaint" (Compl. ¶69). The complaint also pleads pre-suit willfulness, alleging Defendant knew of an "objectively high likelihood" that its actions constituted infringement or was willfully blind to the existence of the patents (Compl. ¶68).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of standard essentiality: does compliance with the mandatory portions of the 3GPP 4G/LTE and 5G/NR standards, as implemented in Defendant's vehicles, inherently require the performance of every step of the asserted patent claims? The outcome may depend on a granular analysis of whether the specific techniques claimed are required by the standards or are merely optional implementations.
- A key evidentiary question will be one of technical implementation versus claim scope: what is the precise technical operation of the random access, channel probing, and control signaling functions within Defendant's OnStar systems, and does that specific operation fall within the scope of claim terms such as the '366 Patent's "block of subcarriers" with "power levels...set to zero" or the '908 Patent's signal in "only a portion of the frequency band"?