DCT

2:22-cv-00478

Cobblestone Wireless LLC v. Verizon Communications Inc

Log In

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:22-cv-00478, E.D. Tex., 12/16/2022
  • Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Texas because Defendant Verizon maintains regular and established places of business in the district, including numerous specified retail and corporate locations, and operates cellular base stations providing 4G and 5G services to customers within the district.
  • Core Dispute: Plaintiff alleges that Defendant’s 4G/5G wireless network infrastructure and compatible mobile handsets infringe four patents related to advanced wireless communication techniques, including user-focused beamforming, inter-network handoffs, adaptive resource allocation, and beam shape cycling.
  • Technical Context: The technologies at issue relate to the management of radio resources and signals in modern, high-speed cellular networks, which is critical for providing reliable and efficient 4G and 5G mobile data services in complex, multi-user environments.
  • Key Procedural History: The complaint does not allege any prior litigation, Inter Partes Review (IPR) proceedings, or licensing history related to the patents-in-suit.

Case Timeline

Date Event
2011-04-29 ’888 Patent Priority Date
2011-07-28 ’347 Patent Priority Date
2011-08-24 ’196 Patent Priority Date
2013-10-08 ’196 Patent Issue Date
2014-08-01 ’361 Patent Priority Date
2014-11-18 ’347 Patent Issue Date
2015-07-28 ’888 Patent Issue Date
2019-07-30 ’361 Patent Issue Date
2020-02-11 Accused Product Launch Date (Representative: Samsung Galaxy S20)
2022-12-16 Complaint Filing Date

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

U.S. Patent No. 8,891,347 - "User-Focusing Technique for Wireless Communication Systems"

The Invention Explained

  • Problem Addressed: Conventional equalization techniques used to correct signal distortions in wireless communications are performed at the receiver (e.g., the mobile device), which requires the receiver to have additional resources and computational power (’347 Patent, col. 1:36-42). This can be a drawback for mobile devices.
  • The Patented Solution: The invention proposes a "user-focusing" technique where the transmitter (e.g., a base station) pre-distorts the signal before it is sent. This pre-distortion is calculated based on feedback from the receiver about the channel's characteristics, with the goal that signals traveling along different paths arrive at the receiver simultaneously and in-phase, adding together constructively and effectively shifting the burden of equalization from the receiver to the transmitter (’347 Patent, Abstract; col. 2:1-11).
  • Technical Importance: This approach seeks to improve signal quality and reduce interference in complex, multi-path environments while potentially lowering the resource requirements and power consumption of the end-user device (’347 Patent, col. 3:56-65).

Key Claims at a Glance

  • The complaint asserts independent Claim 1 (Compl. ¶19).
  • Essential elements of Claim 1 include:
    • A method for wireless communication in a system with a transmitter, a receiver, and multiple propagation paths.
    • Transmitting a first signal from the transmitter to the receiver.
    • Receiving the first signal at the receiver.
    • Performing a channel estimation based on the first signal to obtain path parameter information.
    • Sending the channel estimation from the receiver back to the transmitter.
    • Predistorting a second signal at the transmitter in a time, frequency, and spatial domain, according to the channel estimation.
    • Transmitting the predistorted second signal from the transmitter to the receiver.
    • Receiving the predistorted second signal at the receiver.
  • The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 9,094,888 - "Wireless Device Handoff Between Wireless Networks"

The Invention Explained

  • Problem Addressed: In heterogeneous wireless environments with dynamic beamforming, a mobile device's ability to "see" a given network can change moment-to-moment as coverage sectors shift, creating challenges for seamless handoffs between networks (’888 Patent, col. 1:22-33).
  • The Patented Solution: The patent describes a method for managing handoffs between two wireless networks. A first network receives a handoff request from a second network, where the request is based on a determination that a device is not currently covered by the first network but is capable of being covered. In response, the first network adapts its antenna beams to facilitate coverage for that device and confirms the handoff (’888 Patent, Abstract; col. 2:49-62).
  • Technical Importance: The technology aims to enable more intelligent, proactive handoffs in dynamic, multi-network environments, thereby preventing dropped connections that could result from the constantly changing coverage patterns inherent in technologies like active beamforming (’888 Patent, col. 4:51-64).

Key Claims at a Glance

  • The complaint asserts independent Claim 9 (Compl. ¶27).
  • Essential elements of Claim 9 include:
    • A method implemented at a first wireless network for a mobile device handoff.
    • Receiving a handoff request from a second wireless network.
    • The request is based on a determination that the wireless device is not currently covered by the first network but is capable of being covered by it.
    • In response to the request, adapting one or more beams of an antenna array to facilitate coverage of the wireless device by the first network.
    • Transmitting a confirmation to the second network to indicate acceptance of the handoff request.
    • The wireless device is then handed off from the second network to the first.
  • The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 10,368,361 - "Adaptive Communication Resource Allocation in a Wireless Network"

  • Technology Synopsis: This patent addresses the inefficient use of wireless spectrum caused by asymmetric traffic loads (e.g., more download traffic than upload). The invention describes a method for a base station to dynamically allocate communication resources by determining the quality status of different frequency spectrums and assigning them to a downlink pool, an uplink pool, or a flexible shared pool to better match real-time traffic demands (’361 Patent, Abstract; col. 3:11-30).
  • Asserted Claims: The complaint asserts at least independent Claim 10 (Compl. ¶35).
  • Accused Features: The complaint accuses Verizon's cellular base stations that support 3GPP Next-Generation Radio Access Network (NG-RAN) and Supplementary Uplink (SUL) functionality (Compl. ¶35).

U.S. Patent No. 8,554,196 - "Network Coverage By Cycling Through Beam Shape Coverage Configurations"

  • Technology Synopsis: This patent proposes a method to efficiently serve devices with different usage patterns (e.g., "continuous use" for a voice call versus "interval use" for background data). The invention describes cycling between different beam configurations: a wide beam from a "more capable network" provides broad coverage for all devices (allowing interval-use devices to update), which then alternates with a narrow, high-power beam focused on continuous-use devices, during which time interval-use devices may be served by an overlapping "less capable network" (’196 Patent, Abstract; col. 3:34-52).
  • Asserted Claims: The complaint asserts at least Claim 23 (Compl. ¶43).
  • Accused Features: The complaint accuses cellular handsets sold by Verizon that "support wifi-only automatic updates" (Compl. ¶43).

III. The Accused Instrumentality

Product Identification

  • The accused instrumentalities are broadly defined as Verizon's wireless network infrastructure and the products and services that operate on it (Compl. ¶¶10, 19). This includes (1) cellular base stations that support 3GPP 5G NR beamforming, 4G/5G handover, and NG-RAN SUL functionality, and (2) 5G-capable cellular handsets, including various models of the Apple iPhone 12, 13, and 14 series, and the Samsung Galaxy S20, S21, S22, Z Flip, and Z Fold series (Compl. ¶¶19, 27, 35, 43).

Functionality and Market Context

  • The complaint alleges that the accused network and devices provide 4G and 5G cellular services to consumers across the United States (Compl. ¶¶8, 16). The accused functionalities—beamforming, inter-network handover, and adaptive resource allocation—are foundational technologies for modern 5G networks, enabling the high speeds and network efficiency required for current mobile data demands (Compl. ¶¶19, 27, 35). The accused handsets are flagship devices that are marketed and sold for use on Verizon's 5G network (Compl. ¶¶19, 43).

No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

The complaint references, but does not include, claim chart exhibits detailing its infringement theories (Compl. ¶¶22, 30, 38, 45). The analysis is therefore based on the narrative allegations.

’347 Patent Infringement Allegations

The complaint alleges that Verizon's 5G network and compatible handsets directly infringe at least Claim 1 of the ’347 Patent (Compl. ¶19). The theory appears to be that the standard operation of 5G New Radio (NR) beamforming maps onto the claimed "user-focusing" method. In a 5G system, a handset (receiver) sends channel state information (CSI) back to the base station (transmitter); the base station then uses this information to adjust the signals sent from its antenna array to focus energy toward the user. The complaint appears to equate this standard beamforming process with the claimed steps of "performing a channel estimation" and "predistorting a second signal" at the transmitter based on that estimation (Compl. ¶19).

’888 Patent Infringement Allegations

The complaint alleges that Verizon's network infrastructure, which facilitates handovers between 4G LTE and 5G NR networks, infringes at least Claim 9 of the ’888 Patent (Compl. ¶27). The infringement theory centers on the process where a device moves between coverage areas. The complaint alleges that Verizon's network performs the claimed method where a first network (e.g., a 4G base station) initiates a handoff for a device to a second network (e.g., a 5G base station) by sending a request, and the second network responsively "adapt[s] one or more beams" to provide coverage to that device before confirming the handoff (Compl. ¶27).

Identified Points of Contention

  • Scope Questions: For the ’347 Patent, a central dispute may be whether the standard process of applying weights to an antenna array in 5G NR beamforming constitutes "predistorting a... signal in a time domain, a frequency domain, and a spatial domain" as required by Claim 1. Verizon may argue that "pre-distortion" has a narrower technical meaning (e.g., correcting for amplifier non-linearity) not met by standard beamforming.
  • Technical Questions: For the ’888 Patent, the infringement analysis will likely focus on the specific triggers and sequence of the handoff procedure. A key factual question is whether Verizon's network "adapts" beams in direct response to a handoff request, as claimed, or whether a device simply connects to a pre-existing, static coverage beam. The claim's requirement that the handoff is for a device that is "not currently covered" but "capable of being covered" will also be a point of factual dispute.

V. Key Claim Terms for Construction

Claim Term: "predistorting a second signal" (’347 Patent, Claim 1)

  • Context and Importance: This term is the core of the asserted claim of the ’347 Patent. Its construction will determine whether standard 5G beamforming falls within the claim's scope. Practitioners may focus on this term because its interpretation will either read on a vast range of existing 5G infrastructure or be limited to a more specific, and potentially unused, implementation.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The specification describes the goal of the invention as aligning signals in phase so they add constructively at the receiver (’347 Patent, col. 2:25-30). This is also the functional goal of standard beamforming, which could support an argument that any signal manipulation at the transmitter to achieve this focus constitutes "predistorting."
    • Evidence for a Narrower Interpretation: The specification provides a specific mathematical formula for creating a "replica of the transmitted signal" (’347 Patent, col. 9:36-47). A defendant could argue that this detailed embodiment defines the scope of "predistorting" and that standard 5G beam-weighting algorithms do not practice this specific formula.

Claim Term: "adapting one or more beams... to facilitate coverage" (’888 Patent, Claim 9)

  • Context and Importance: This term is critical because it links the handoff request to a specific, responsive action by the network. The case may turn on whether Verizon's network performs an "adapting" action in response to a handoff request or whether devices simply connect to existing, persistent beams.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The term "adapting" is not explicitly defined, so it could arguably cover any configuration that results in coverage, even if the beam was already active.
    • Evidence for a Narrower Interpretation: The patent's background discusses the problem of "constantly changing sectors of coverage due to active beamforming" (’888 Patent, col. 1:22-30). This context suggests "adapting" refers to a dynamic, non-static action taken by the network to actively change its beam configuration to provide coverage where it did not previously exist for that specific handoff event.

VI. Other Allegations

Indirect Infringement

  • The complaint alleges both induced and contributory infringement for all four patents. Inducement is based on Verizon allegedly instructing customers on the use of the infringing features through user manuals and online materials, with knowledge of infringement dating at least to the filing of the complaint (e.g., Compl. ¶¶20, 28). Contributory infringement is alleged on the basis that the accused products are not staple articles of commerce and are especially made to be used in an infringing manner (e.g., Compl. ¶¶21, 29).

Willful Infringement

  • The complaint does not contain a separate count for willfulness but alleges that Defendant's infringement has continued despite knowledge of the patents acquired at least upon service of the complaint (e.g., Compl. ¶¶20, 28). The prayer for relief requests a finding that the case is exceptional under 35 U.S.C. § 285, which could entitle the plaintiff to enhanced damages and attorney's fees (Compl. Prayer for Relief ¶E).

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

  • A core issue will be one of definitional scope: can the term "predistorting", as used in the ’347 patent in the context of creating a "user-focus," be construed to cover the standard channel-state-information-based beam-weighting procedures used in 3GPP 5G NR systems, or does the patent’s specification and prosecution history limit it to a more specific, non-standard form of signal manipulation?
  • A key evidentiary question will be one of operational sequence: does Verizon’s 4G-to-5G handoff process, as it operates in practice, follow the specific sequence mandated by Claim 9 of the ’888 patent—a request triggered by a device being capable of coverage but not currently covered, followed by a responsive beam adaptation by the receiving network—or is there a fundamental mismatch in the technical triggers and operational steps?