DCT

2:23-cv-00002

Dali Wireless Inc v. Cellco Partnership

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:23-cv-00002, W.D. Tex., 01/27/2022
  • Venue Allegations: Plaintiff alleges venue is proper in the Western District of Texas because Defendants have committed acts of infringement in the district and maintain regular and established places of business, including offices, data centers, and retail stores, in cities such as Austin, Waco, and San Antonio.
  • Core Dispute: Plaintiff alleges that Defendants' Distributed Antenna Systems (DAS) and related network components, deployed in Verizon's LTE and 5G networks, infringe four patents related to the dynamic allocation and management of radio resources in wireless communication systems.
  • Technical Context: The technology at issue involves digital DAS, which are systems used to extend wireless network coverage and manage capacity within large structures like office buildings, stadiums, and university campuses.
  • Key Procedural History: The complaint does not mention any prior litigation, licensing history, or post-grant proceedings involving the patents-in-suit.

Case Timeline

Date Event
2010-09-14 Earliest Priority Date ('232, '338 Patents)
2011-02-07 Earliest Priority Date ('499, '343 Patents)
2014-03-25 U.S. Patent No. 8,682,338 Issues
2015-10-27 Accused CommScope ION-E Platform use with Verizon announced
2017-09-27 Accused Ericsson Radio Dot System use with Verizon announced
2019-06-25 U.S. Patent No. 10,334,499 Issues
2021-05-11 U.S. Patent No. 11,006,343 Issues
2021-06-01 U.S. Patent No. 11,026,232 Issues
2022-01-27 Complaint Filed

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

U.S. Patent No. 11,026,232 - "Remotely Reconfigurable Distributed Antenna System and Methods"

  • Issued: June 1, 2021

The Invention Explained

  • Problem Addressed: The patent describes the challenge of providing adequate wireless capacity in locations where the number of subscribers fluctuates significantly, such as a business cafeteria during lunchtime. Over-provisioning capacity for peak load is inefficient, while fixed-capacity systems may fail to meet demand during surges. (’232 Patent, col. 1:40-56).
  • The Patented Solution: The invention provides a method for dynamically managing resources in a DAS. It involves a central node that receives radio resources via a Common Public Radio Interface (CPRI) protocol and assigns subsets of these resources to different wireless access points. When an access point experiences high demand (i.e., is "loaded beyond a threshold"), the system can re-assign additional radio resources to that specific access point to meet the increased need. (’232 Patent, Abstract; col. 2:19-31).
  • Technical Importance: This approach allows network capacity to be fluidly reallocated to areas of high user density, optimizing the use of expensive radio resources and improving user experience without requiring physical network changes. (’232 Patent, col. 2:10-18).

Key Claims at a Glance

  • The complaint asserts at least independent claim 12 (Compl. ¶69).
  • Essential elements of Claim 12 (a method claim):
    • Receiving a plurality of radio resources from an operator hub using a CPRI protocol.
    • Assigning a first subset of radio resources to a first access point and a second, smaller subset to a second access point.
    • In response to a change in need from subscribers at the second access point where its subset is "loaded beyond a threshold," assigning one or more additional radio resources to that second access point.
  • The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 10,334,499 - "Distributed Antenna System"

  • Issued: June 25, 2019

The Invention Explained

  • Problem Addressed: The patent addresses the high costs, lack of flexibility, and potential for failure in traditional DAS deployments. Network planners require systems that can be dynamically rearranged to meet changing subscriber needs and are resilient to transport media failures, such as a break in an optical fiber line. (’499 Patent, col. 1:32-2:19).
  • The Patented Solution: The invention describes a software-defined DAS architecture featuring a central "baseband unit" (referred to as a Digital Access Unit or "DAU" in the specification) that communicates with multiple Digital Remote Units ("DRUs"). The DAU receives resources from multiple signal sources, converts them to a digital baseband format, and sends different sets of these resources to different remote units at different points in time. This enables dynamic load balancing and fault tolerance. (’499 Patent, Abstract; col. 2:21-48).
  • Technical Importance: This digital, packet-based architecture provides a flexible and scalable foundation for multi-operator, multi-band DAS deployments, allowing capacity to be managed through software rather than hardware modifications. (’499 Patent, col. 2:56-3:5).

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 (Compl. ¶¶ 220, 247, 273).
  • Essential elements of Claim 1 (a system claim):
    • A baseband unit.
    • A plurality of signal sources.
    • A plurality of remote units.
    • The baseband unit has interfaces to couple to the signal sources and is configured to receive a plurality of radio resources from them.
    • The baseband unit is configured to send a digital representation of a first set of radio resources to a first remote unit at a first point in time.
    • The baseband unit is configured to send a digital representation of a second set of radio resources to the first remote unit at a second point in time.
    • The number of radio resources in the first set is different from the number in the second set.
    • The baseband unit is configured to receive digital signals from the remote units.
  • The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 11,006,343 - "Distributed Antenna System"

  • Issued: May 11, 2021
  • Technology Synopsis: Belonging to the same family as the ’499 Patent, this patent describes a system for transporting wireless communications. It focuses on a "digital access unit" that receives radio resources from multiple signal sources and is configured to send different sets of these resources to remote units at different times, with the number of resources in each set varying based on "dynamic load balancing and resource management." (’343 Patent, Claim 1).
  • Asserted Claims: At least independent claim 1 (Compl. ¶¶ 139, 167).
  • Accused Features: Ericsson's Radio Dot System and Corning's Everon 6000 DAS solutions (Compl. ¶¶ 139, 167).

U.S. Patent No. 8,682,338

  • Technology Synopsis: This patent discloses a method for routing and switching RF signals in a DAS. The method involves providing remote radio units and a digital access unit, packetizing signals corresponding to multiple carriers, and dynamically reconfiguring each remote unit by determining its load percentage and increasing or decreasing the number of carriers it transmits based on that load. (’338 Patent, Claim 1).
  • Asserted Claims: At least independent claim 1 (Compl. ¶193).
  • Accused Features: Ericsson's Radio Dot System (Compl. ¶193).

III. The Accused Instrumentality

Product Identification

  • The accused instrumentalities are three categories of digital DAS solutions used within Verizon's LTE and 5G networks: (1) CommScope's ION®-E/ERA platform, (2) Ericsson's Radio Dot System, and (3) Corning's Everon™ 6000 DAS solutions (Compl. ¶¶ 2-10).

Functionality and Market Context

  • The complaint alleges these are all-digital, in-building wireless solutions designed to provide and manage cellular coverage and capacity. They function by receiving radio signals from operator baseband units (BBUs) over a Common Public Radio Interface (CPRI), a standardized digital protocol, and distributing those signals to remote access points or antennas throughout a venue (Compl. ¶¶ 73, 75, 97, 122).
  • A core alleged functionality across the accused systems is the ability to dynamically manage and allocate radio resources. The complaint cites documents suggesting the CommScope system allows user-defined "Signal Sets" to be assigned to different access points, and that "sectors can be remapped to different coverage areas remotely" (Compl. ¶¶ 77, 80). A screenshot from a CommScope user manual illustrates a graphical user interface for assigning these signal sets to various Universal Access Points (UAPs) (Compl. p. 17). The Ericsson system is alleged to provide "pooled capacity" that "dynamically meet[s] demand wherever it occurs" (Compl. ¶95). The Corning system is alleged to enable "advanced capacity and coverage management through flexible routing configuration" (Compl. ¶184, fn. 90).
  • The complaint positions these systems as critical components of Verizon's modern 4G and 5G network infrastructure, enabling service in venues where traditional cell tower coverage is insufficient (Compl. ¶¶ 2-10).

IV. Analysis of Infringement Allegations

11,026,232 Patent Infringement Allegations

Claim Element (from Independent Claim 12) Alleged Infringing Functionality Complaint Citation Patent Citation
[A method comprising:] receiving a plurality of radio resources from an operator hub that operates using a Common Public Radio Interface (CPRI) protocol; The CommScope ION-E/ERA platform includes a "CPRI digital donor (CDD)" module that receives CPRI digital signals from operator baseband units. ¶75 col. 14:46-51
assigning a first subset of the plurality of radio resources to a first access point . . . and a second subset . . . to a second access point . . . the first subset including more radio resources than the second subset; The CommScope ION-E/ERA platform allows assignment of different "Signal Sets," which are customizable groups of channels (radio resources), to different Universal Access Points (UAPs). A user can assign a signal set with more channels to one UAP than to another. ¶¶77-78 col. 14:52-58
and in response to a change in need of a number of wireless subscribers coupled to the second access point and which of the second subset is loaded beyond a threshold, assigning one or more additional radio resources . . . to the second access point. The CommScope system allegedly adapts to user movements (e.g., between university classrooms and residences) and allows sectors to be "remapped to different coverage areas remotely" where resources are most needed, which is alleged to occur when an access point is loaded beyond a threshold. ¶¶79-80 col. 14:58-65

Identified Points of Contention (’232 Patent)

  • Technical Question: The complaint relies on marketing materials stating the system "adapts to user movements" (Compl. p. 19) to meet the final limitation of claim 12. A central question will be what technical mechanism performs this adaptation and whether it specifically operates "in response to a change in need of a number of wireless subscribers" and a "subset...loaded beyond a threshold," as the claim requires, rather than through manual reconfiguration or a different automated trigger.
  • Scope Question: Does the accused functionality of remapping "sectors" (Compl. p. 20) equate to the claimed step of "assigning one or more additional radio resources"? The defense may argue that remapping is a different technical operation than adding resources as claimed.

10,334,499 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
A system for transporting wireless communications, comprising: a baseband unit; Ericsson's Radio Dot System includes a "Baseband Unit (DU)" as a core component. ¶225 col. 14:2-3
a plurality of signal sources, including at least a first signal source and a second signal source; The Ericsson system's DU is described as the "signal source," and the system is alleged to support multi-operator service, implying multiple signal sources. A diagram from marketing materials shows options for parallel deployments with dedicated basebands or shared RANs. ¶¶227, 232, p. 65 col. 14:4-6
a plurality of remote units, including at least a first remote unit and a second remote unit; Ericsson's system consists of "Radio Dots" and "Indoor Radio Unit(s) (IRU)," which function as remote units. ¶229 col. 14:7-8
wherein the baseband unit is configured to send a digital representation of a first set of radio resources to the first remote unit at a first point in time... The Ericsson DU is the signal source that provides "pooled baseband resources" and sends digital representations of these resources to remote units. ¶¶236, 238 col. 14:15-20
wherein a number of radio resources in the first set of radio resources is different from a number of radio resources in the second set of radio resources; The Ericsson DU is alleged to be configured to send a different number of radio resources to a remote unit at different times. ¶240 col. 14:24-27
and wherein the baseband unit is configured to receive digital signals from each of the plurality of remote units. The complaint alleges the DU is also configured to receive digital signals from the plurality of remote units. ¶242 col. 14:28-30

Identified Points of Contention (’499 Patent)

  • Scope Question: Will the term "baseband unit" in the patent be construed to read on the accused Ericsson "Baseband Unit (DU)"? The analysis will focus on whether the accused DU performs all functions implicitly or explicitly required by the claim and described for the "Digital Access Unit" in the patent specification.
  • Technical Question: Claim 1[H] requires sending a different number of radio resources at different times. The complaint's supporting allegations focus on the system's general ability to "dynamically meet demand" (Compl. ¶236). A key evidentiary question will be whether the accused system actually alters the number of resources allocated, as opposed to merely changing the type or source of the resources while keeping the quantity constant.

V. Key Claim Terms for Construction

Patent: ’232 Patent

  • The Term: "in response to a change in need of a number of wireless subscribers coupled to the second access point and which of the second subset is loaded beyond a threshold"
  • Context and Importance: This phrase contains the triggering condition for the claimed dynamic reallocation. The entire infringement theory for claim 12 rests on whether the accused systems perform reallocation based on this specific, two-part condition (change in need AND loaded beyond a threshold). Practitioners may focus on this term because it appears to require a specific cause-and-effect relationship that may not be present in a system that reallocates resources based on a schedule or manual command.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The patent's abstract states generally that the invention enables "automatic traffic load-balancing," which could suggest a broader, more flexible interpretation of the trigger. (’232 Patent, Abstract).
    • Evidence for a Narrower Interpretation: The claim language itself is highly specific, requiring both a "change in need" related to "a number of wireless subscribers" and a "subset is loaded beyond a threshold." This suggests a specific algorithm or monitoring function must be present, potentially narrowing the claim scope to exclude more general or manual reallocation schemes.

Patent: ’499 Patent

  • The Term: "baseband unit"
  • Context and Importance: This term identifies the central processing component of the claimed system. The complaint maps this term to the "Baseband Unit (DU)" of the Ericsson system and the "CPRI digital donor (CDD)" module of the CommScope system (Compl. ¶¶ 225, 278). The viability of the infringement case depends on whether these accused components meet the full definition of the claimed term.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The claims use the general term "baseband unit." The specification describes the corresponding component, the "Digital Access Unit" (DAU), as serving as an interface between base stations and remote units, which is a common function. (’499 Patent, col. 2:34-40).
    • Evidence for a Narrower Interpretation: The specification provides significant detail about the functions of the DAU, stating that it performs down-conversion, digitization, I/Q mapping, framing, and serialization of data streams before sending them over optical links. (’499 Patent, col. 2:34-37). A defendant may argue that these specific functions are definitional, limiting the term "baseband unit" to a device that performs all of these steps.

VI. Other Allegations

Indirect Infringement

  • The complaint alleges that Defendants CommScope, Ericsson, and Corning infringe by "selling, or offering for sale" the accused systems to Verizon for use in its networks (Compl. ¶¶ 139, 167, 215, 247, 273). The complaint also references user manuals and marketing materials that allegedly instruct on the use of the infringing features, which may support a claim for induced infringement (Compl. ¶77, fn. 24; Compl. pp. 19-20).

Willful Infringement

  • The complaint does not contain allegations of willful infringement or facts suggesting Defendants had pre-suit knowledge of the patents-in-suit.

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

  • A core issue will be one of evidentiary sufficiency: The complaint frequently relies on high-level marketing statements and user manual screenshots to allege infringement of specific, multi-part technical claim limitations. A key question will be whether the evidence demonstrates that the accused systems perform the precise functions required by the claims (e.g., reallocating resources specifically because a load threshold was exceeded), or if there is a mismatch between marketing language and actual technical operation.
  • The case will also turn on a question of definitional scope: The patents use terms like "baseband unit" and lay out complex, conditional methods. A central dispute will likely involve claim construction, raising the question of whether the components of the accused systems, which have their own proprietary names and architectures, fall within the patent's definitions when all functional requirements from the specification are considered.