DCT
2:22-cv-00031
Apex Beam Tech LLC v. ZTE Corp
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Apex Beam Technologies LLC (Texas)
- Defendant: Samsung Electronics Co., Ltd. (Republic of Korea) and Samsung Electronics America, Inc. (New York)
- Plaintiff’s Counsel: Fabricant LLP; McKool Smith
- Case Identification: 2:22-cv-00031, E.D. Tex., 01/20/2023
- Venue Allegations: Plaintiff alleges venue is proper because Defendants are subject to personal jurisdiction, have committed acts of patent infringement, and have a regular and established place of business within the Eastern District of Texas, including corporate offices in Plano and Richardson.
- Core Dispute: Plaintiff alleges that Defendant’s 5G-enabled mobile handsets, tablets, and notebooks infringe five patents related to wireless communication transmission schemes.
- Technical Context: The patents relate to methods for managing paging, beam recovery, and multi-antenna transmissions, which are fundamental to the operation and efficiency of 5G wireless networks.
- Key Procedural History: This action was initiated via a First Amended Complaint, consolidating a member case against Samsung into a lead case originally filed against ZTE Corp. The complaint does not mention any prior litigation, licensing history, or post-grant proceedings involving the patents-in-suit.
Case Timeline
| Date | Event |
|---|---|
| 2016-12-03 | U.S. Patent No. 10,944,527 Priority Date |
| 2016-12-28 | U.S. Patent No. 10,951,271 Priority Date |
| 2017-04-19 | U.S. Patent No. 10,462,767 Priority Date |
| 2017-05-08 | U.S. Patent No. 10,912,081 Priority Date |
| 2017-08-11 | U.S. Patent No. 10,568,113 Priority Date |
| 2019-10-29 | U.S. Patent No. 10,462,767 Issued |
| 2020-02-18 | U.S. Patent No. 10,568,113 Issued |
| 2021-02-02 | U.S. Patent No. 10,912,081 Issued |
| 2021-03-09 | U.S. Patent No. 10,944,527 Issued |
| 2021-03-16 | U.S. Patent No. 10,951,271 Issued |
| 2023-01-20 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,462,767 - "Method and Device in UE and Base Station Used for Paging"
- Issued: October 29, 2019.
The Invention Explained
- Problem Addressed: In 5G New Radio (NR) systems that support various "numerologies" (e.g., different subcarrier spacings and symbol lengths), legacy methods for defining paging opportunities could lead to increased power consumption for the user equipment (UE) and variable paging capacity (’767 Patent, col. 1:45-67).
- The Patented Solution: The invention proposes a method where the time intervals for monitoring a paging signal are determined based on features of the frequency resource, such as the subcarrier spacing. This allows for a uniform calculation of paging opportunities across different numerologies, aiming to simplify system design, save UE power, and maintain consistent paging capacity (’767 Patent, col. 2:1-15, 30-43).
- Technical Importance: This approach provides a flexible yet standardized method for managing device paging in complex 5G environments, which is critical for balancing network performance with the battery life of mobile devices (Compl. ¶ 15).
Key Claims at a Glance
- Independent claim 1 is asserted (Compl. ¶ 25).
- Claim 1 Elements (Method in a UE):
- monitoring a first signaling in X time intervals;
- receiving a first radio signal;
- wherein X is a positive integer; the first signaling is used for determining scheduling information for the first radio signal;
- the scheduling information comprises at least one of {occupied time-frequency resource, adopted Modulation Coding Scheme (MCS), subcarrier spacing of subcarriers in occupied frequency domain resource};
- the first radio signal carries a paging message;
- the frequency domain resource used for transmitting the first signaling belongs to a first subband;
- the first subband comprises a positive integer number of consecutive subcarriers in frequency domain; and
- at least one of {location of the first subband in frequency domain, subcarrier spacing of subcarriers included in the first subband} is used for determining the X time intervals.
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 10,568,113 - "Method and Device in UE and Base Station Used for Wireless Communication"
- Issued: February 18, 2020.
The Invention Explained
- Problem Addressed: In wireless systems, after a UE transmits a beam recovery request, the time-frequency resources configured for waiting for a response may be underutilized, as the UE may be unable to transmit another request during that window (’113 Patent, col. 1:41-52).
- The Patented Solution: The invention describes a method where a UE receives a target signal, transmits first and second radio signals, and monitors a third signal within a "first time window." The start and end of this window are determined by the timing of the first and second signals, respectively. The method defines overlapping second and third time windows within the first, allowing for more structured and efficient use of resources during the beam recovery process (’113 Patent, col. 2:1-9; Fig. 6).
- Technical Importance: Efficient beam recovery is essential for maintaining reliable, high-quality connections in 5G systems that rely on directional beamforming, particularly for mobile users (Compl. ¶ 16).
Key Claims at a Glance
- Independent claim 1 is asserted (Compl. ¶ 41).
- Claim 1 Elements (Method in a UE):
- receiving a target radio signal; transmitting a first radio signal on a first channel; transmitting a second radio signal on a second channel; and monitoring a third radio signal in a first time window;
- wherein a measurement for the target radio signal obtains a target measurement value, the target measurement value, when higher than a target threshold is used for triggering the transmission of the first radio signal and the second radio signal;
- a time resource occupied by the first radio signal is used for determining the start time of the first time window;
- a time domain resource occupied by the first radio signal is used for determining a second time window, a time domain resource occupied by the second radio signal is within the second time window, and the second time window is within the first time window;
- a time domain resource occupied by the second radio signal is used for determining a third time window, and the end time of the third time window is the end time of the first time window; and
- the second time window and the third time window have overlapped time domain resource(s).
- The complaint does not explicitly reserve the right to assert dependent claims.
U.S. Patent No. 10,912,081 - "Method and Device used for Wireless Communication in UE and Base Station"
- Issued: February 2, 2021.
- Technology Synopsis: The patent addresses multi-antenna communication, describing a method where the way a UE receives a multicarrier symbol depends on the symbol's timing relative to a specific time point. This allows for dynamic adjustment of multi-antenna reception parameters based on the timing of control signals, aiming to improve communication quality (Compl. ¶ 17).
- Asserted Claims: Claim 1 (Compl. ¶ 62).
- Accused Features: The complaint alleges that Samsung's 5G products infringe by performing methods for receiving downlink control information (DL DCI) and corresponding data channels (PDSCH) according to 3GPP 5G standards (Compl. ¶¶ 63, 66-67).
U.S. Patent No. 10,944,527 - "Method and Device for Multi-Antenna Transmission in UE and Base Station"
- Issued: March 9, 2021.
- Technology Synopsis: The technology relates to providing mobile devices with "antenna virtualization" information to facilitate correct beam alignment for enhanced transmission quality. The method involves a UE receiving signals from multiple base station antenna port groups and using a separate signaling to determine a time resource pool and associated virtualization vectors, which define how the UE and base station should configure their antennas (Compl. ¶ 18).
- Asserted Claims: Claim 1 (Compl. ¶ 80).
- Accused Features: Infringement is alleged based on the accused products' implementation of 3GPP 5G procedures for receiving reference signals (CSI-RS, SS/PBCH) and using control signaling (DCI) to determine time domain resources and quasi-colocation (QCL) information for multi-antenna reception (Compl. ¶¶ 81, 84-88).
U.S. Patent No. 10,951,271 - "Method and Device for Multi-Antenna Transmission in UE and Base Station"
- Issued: March 16, 2021.
- Technology Synopsis: This patent describes a method for assisting in beam selection by using channel quality measurements. A UE receives signals from multiple antenna port groups, measures their quality (e.g., RSRP), and transmits information back to the base station that is based on ratios between the different channel qualities compared against a threshold, allowing the base station to efficiently determine the best beams (Compl. ¶ 19).
- Asserted Claims: Claim 1 (Compl. ¶ 95).
- Accused Features: The complaint alleges infringement through the accused products' use of 3GPP 5G standards for Channel State Information (CSI) reporting, where the device measures reference signals and reports channel quality indicators back to the base station (Compl. ¶¶ 96, 100-102).
III. The Accused Instrumentality
Product Identification
- The accused instrumentalities are a broad range of Samsung's 5G-capable products, including but not limited to the Galaxy A, S, Note, Fold, Flip, Book, and Tab series devices, and the chipsets therein (Compl. ¶ 20).
Functionality and Market Context
- The complaint alleges these products are equipped with 5G modems, such as the Qualcomm Snapdragon 855 with an X50 modem or the Snapdragon 8 Gen 1 with an X65 modem, that implement the 3rd Generation Partnership Project (3GPP) 5G New Radio (NR) standards, Releases 15 and 16 (Compl. ¶¶ 25, 27, 43). A screenshot from a Qualcomm product brief for the Snapdragon 855 platform shows it supports "5G NR" technologies (Compl. p. 10).
- The relevant functionality is the products' alleged performance of standardized 5G communication protocols for paging, random access procedures for beam recovery, and multi-antenna transmission and reception, which are fundamental to their operation on 5G networks (Compl. ¶¶ 28, 44, 65, 83, 98). The complaint includes a marketing blurb for the Samsung Galaxy S22, which highlights its use of the Snapdragon 8 Gen 1 chipset, described as the "world's first 3GPP Release 16 5G solution" (Compl. p. 16).
IV. Analysis of Infringement Allegations
’767 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| monitoring a first signaling in X time intervals | Monitoring a Paging Downlink Control Information (Paging DCI) during Physical Downlink Control Channel (PDCCH) monitoring occasions. | ¶26, ¶29 | col. 23:3-4 |
| receiving a first radio signal | Receiving a paging message on a physical channel such as the Physical Downlink Shared Channel (PDSCH). | ¶26, ¶29 | col. 23:5 |
| the first signaling is used for determining scheduling information for the first radio signal | The Paging DCI is used to determine scheduling information for the PDSCH carrying the paging message, such as its time-frequency resource assignment. | ¶26, ¶29 | col. 23:7-9 |
| the frequency domain resource used for transmitting the first signaling belongs to a first subband | The PDCCH carrying the Paging DCI is transmitted within a defined frequency range known as a Bandwidth Part (BWP). | ¶26, ¶31 | col. 23:16-18 |
| the first subband comprises a positive integer number of consecutive subcarriers in frequency domain | A BWP comprises a set of Physical Resource Blocks (PRBs), with each PRB comprising 12 consecutive subcarriers. | ¶31 | col. 23:19-21 |
| at least one of {location of the first subband in frequency domain, subcarrier spacing of subcarriers included in the first subband} is used for determining the X time intervals | The location of the BWP and the subcarrier spacing (e.g., "subcarrierSpacingCommon") are used to determine the timing of the PDCCH monitoring occasions for paging. | ¶32 | col. 23:22-26 |
Identified Points of Contention
- Scope Questions: A central question may be whether the term "first subband" as used in the patent can be construed to read on a "Bandwidth Part (BWP)" as defined in the 3GPP standard. The analysis will depend on whether the patent's description of a "subband" is consistent with the technical characteristics of a 3GPP BWP.
- Technical Questions: The complaint alleges that the "location" and "subcarrier spacing" of the BWP are used to determine the monitoring intervals. A factual question will be what evidence demonstrates this specific causal link within the accused products, as required by the final claim element.
’113 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| receiving a target radio signal | Receiving a synchronization signal (SS) block from the base station. | ¶42, ¶45 | col. 13:62-63 |
| transmitting a first radio signal on a first channel; transmitting a second radio signal on a second channel | Transmitting a random access preamble (MsgA/Msg1) on the PRACH, followed by transmitting an uplink message (Msg3) on the PUSCH as part of a 2-step Random Access (RA) procedure. | ¶42, ¶46, ¶47 | col. 13:64-66 |
| monitoring a third radio signal in a first time window | Monitoring for a contention resolution message (e.g., UE Contention Resolution Identity) within a "first time window" defined by the start of a "msgB-ResponseWindow" and the end of a "ra-ContentionResolutionTimer". | ¶42, ¶48, ¶49 | col. 13:67 |
| a measurement for the target radio signal obtains a target measurement value, the target measurement value, when higher than a target threshold is used for triggering the transmission of the first radio signal and the second radio signal | Measuring the Reference Signal Received Power (RSRP) of a downlink pathloss reference signal and, if it is above a threshold ("RSRP_THRESHOLD_RA_TYPE_SELECTION"), triggering a 2-step RA procedure involving MsgA and Msg3. | ¶42, ¶50 | col. 14:3-8 |
| a time domain resource occupied by the first radio signal is used for determining a second time window...the second time window is within the first time window | A resource occupied by MsgA is used to determine a "msgB-ResponseWindow", which constitutes a "second time window" that is alleged to fall within the overall "first time window." | ¶42, ¶52, ¶53 | col. 14:12-17 |
| a time domain resource occupied by the second radio signal is used for determining a third time window, and the end time of the third time window is the end time of the first time window | A resource occupied by Msg3 is used to determine a "ra-ContentionResolutionTimer", which constitutes a "third time window" whose end defines the end of the overall "first time window." | ¶42, ¶54 | col. 14:18-22 |
| the second time window and the third time window have overlapped time domain resource(s) | The complaint alleges that the "msgB-ResponseWindow" and the "ra-ContentionResolutionTimer" have overlapped time domain resources, as a fallback message can be received at any time during the second window, triggering the timer for the third window. | ¶42, ¶55 | col. 14:23-25 |
Identified Points of Contention
- Scope Questions: The infringement theory relies on mapping the claim's "first," "second," and "third" time windows to specific, technically distinct timers and response windows ("msgB-ResponseWindow", "ra-ContentionResolutionTimer") in the 3GPP random access procedure. A key legal question will be whether the specific temporal relationships and overlaps defined in the 3GPP standard align with the relationships required by the claim language.
- Technical Questions: What evidence does the complaint provide that the "msgB-ResponseWindow" and "ra-ContentionResolutionTimer" necessarily "have overlapped time domain resource(s)" in the manner claimed? The complaint's assertion hinges on the timing of a "fallbackRAR" message, raising a factual question about how and when this event occurs in the accused products' operation (Compl. ¶ 55).
V. Key Claim Terms for Construction
For the ’767 Patent
- The Term: "first subband"
- Context and Importance: The complaint's infringement theory equates this term with the 3GPP concept of a "Bandwidth Part (BWP)" (Compl. ¶ 31). The viability of the infringement claim depends on whether the scope of "subband" in the patent is broad enough to cover a BWP, which is a specific and complex construct in the 5G standard.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: Claim 1 defines the term functionally as a resource that "comprises a positive integer number of consecutive subcarriers" and has a "location" and "subcarrier spacing" used to determine time intervals (’767 Patent, col. 23:16-26). This functional definition, lacking further structural limits, may support a broad reading.
- Evidence for a Narrower Interpretation: The specification does not appear to provide an explicit definition that would limit the term. However, a defendant may argue that the context of the invention does not contemplate the full complexity and configurability of a 3GPP BWP, potentially suggesting a narrower scope tied to the embodiments disclosed.
For the ’113 Patent
- The Term: "the second time window and the third time window have overlapped time domain resource(s)"
- Context and Importance: This limitation is central to the patent's proposed solution for resource efficiency. The complaint alleges this overlap is met because a "fallbackRAR" message can be received "at any time of the second time window," which in turn triggers the timer for the third window (Compl. ¶ 55). The entire infringement theory for this patent may hinge on whether this specific interaction in the 3GPP standard constitutes an "overlapped time domain resource" as meant by the patent.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The plain language of "overlapped" could be argued to cover any temporal co-existence. The patent's Figure 6 depicts the second and third time windows as partially concurrent, which may support the plaintiff's theory of infringement.
- Evidence for a Narrower Interpretation: The specification states that the application "can make full use of the allocated aerial resources" (’113 Patent, Abstract). A defendant may argue that this purpose implies a more substantial or direct overlap than the contingent relationship described in the complaint, which depends on the timing of a specific type of message.
VI. Other Allegations
Indirect Infringement
- The complaint alleges induced infringement for all five patents-in-suit. The basis is that Samsung provides the accused products along with "instructions, documentation, and other information to customers and end-users suggesting that they use the Accused Products in an infringing manner, including technical support, marketing, product manuals, advertisements, and online documentation" (Compl. ¶¶ 35, 56). Contributory infringement is also alleged on the basis that accused components, like chipsets, are material to the inventions, are not staple articles of commerce, and are known by Samsung to be especially adapted for infringement (Compl. ¶¶ 36, 57).
Willful Infringement
- While there is no separate count for willfulness, the indirect infringement counts allege that Samsung acts with "knowledge of the...Patent and with the intent, or willful blindness, that the induced acts directly infringe" (Compl. ¶¶ 35, 56). The complaint also asserts that "Samsung has had notice of the Asserted Patents, at least as of the filing date of this complaint," establishing a basis for alleging post-suit willful infringement (Compl. ¶ 21).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope and standards mapping: can the relatively general terms used in the patent claims (e.g., "first subband", "first time window") be construed to read on the specific, complex, and highly defined technical constructs found in the 3GPP 5G standards (e.g., "Bandwidth Part", "msgB-ResponseWindow")? The outcome will likely depend on detailed claim construction arguments comparing the patent's intrinsic evidence against the functionality of the accused standards.
- A second key issue will be the evidentiary burden for infringement: the complaint's allegations rely almost exclusively on mapping claim elements to 3GPP technical specifications. A central question for litigation will be what level of proof is required to demonstrate that the accused Samsung products, by implementing these standards, necessarily perform every step of the claimed methods in an infringing manner.