DCT

2:24-cv-00430

Fleet Connect Solutions LLC v. Kroger Co

Log In

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:24-cv-00430, E.D. Tex., 08/30/2024
  • Venue Allegations: Plaintiff alleges venue is proper because Defendant maintains regular and established places of business within the Eastern District of Texas and has committed acts of infringement from those locations.
  • Core Dispute: Plaintiff alleges that Defendant’s use of fleet management and asset tracking products, manufactured by ORBCOMM, infringes nine U.S. patents related to wireless communications, Orthogonal Frequency Division Multiplexed (OFDM) signal processing, and mobile asset management.
  • Technical Context: The technology at issue involves systems for wirelessly monitoring, managing, and communicating with mobile assets, such as commercial truck trailers, a key component of modern logistics and supply chain management.
  • Key Procedural History: This First Amended Complaint follows an original complaint. The complaint incorporates by reference "Preliminary Infringement Contentions" allegedly served on the Defendant on September 4, 2024; however, these documents and their associated claim charts were not attached to the complaint.

Case Timeline

Date Event
2000-09-18 Earliest Priority Date for ’044, ’565, and ’949 Patents
2001-02-21 Earliest Priority Date for ’583 and ’616 Patents
2002-11-04 Priority Date for ’837 Patent
2003-04-15 ’583 Patent Issued
2003-10-14 ’616 Patent Issued
2007-04-17 ’837 Patent Issued
2008-06-20 Priority Date for ’968 Patent
2009-08-24 Priority Date for ’291 Patent
2010-01-29 Priority Date for ’053 Patent
2010-06-22 ’968 Patent Issued
2010-06-29 ’291 Patent Issued
2011-08-23 ’053 Patent Issued
2016-03-29 ’044 Patent Issued
2017-08-29 ’565 Patent Issued
2020-06-02 ’949 Patent Issued
2024-08-30 First Amended Complaint Filed

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

U.S. Patent No. 6,549,583 - “Optimum Phase Error Metric For OFDM Pilot Tone Tracking In Wireless LAN”

The Invention Explained

  • Problem Addressed: The patent’s background section describes that in Orthogonal Frequency Division Multiplexed (OFDM) wireless systems, such as those based on the IEEE 802.11a standard, phase noise from a radio’s local oscillators can significantly degrade performance, especially for complex signal constellations (e.g., 64-QAM). Implementing radios with the required low phase noise on a single, low-voltage chip is described as difficult and costly (’583 Patent, col. 1:16-52).
  • The Patented Solution: The invention proposes a method and system within the baseband processing portion of an OFDM receiver to compensate for this phase noise. Instead of requiring a high-performance radio, the solution uses a pilot tracking system that employs a "maximum likelihood estimation approach" to estimate the aggregate phase error across all available pilot tones in a data symbol, rather than tracking only the strongest pilot (’583 Patent, Abstract; col. 5:43-52). This aggregated approach provides a more robust estimate of the phase error, which is then used to correct the incoming signal.
  • Technical Importance: This approach allows for the use of simpler, less expensive radio components in OFDM receivers while still supporting the higher-order modulation schemes needed for high-throughput wireless communication (’583 Patent, col. 2:1-5).

Key Claims at a Glance

  • The complaint asserts independent claim 1 (’583 Patent; Compl. ¶27).
  • Essential elements of claim 1 include:
    • A method of pilot phase error estimation in an OFDM receiver.
    • Determining pilot reference points corresponding to multiple pilots of an OFDM preamble waveform.
    • Estimating an aggregate phase error of a subsequent OFDM data symbol relative to those reference points.
    • The estimation uses complex signal measurements corresponding to each of the multiple pilots of the subsequent data symbol.
    • The estimating step comprises performing a maximum likelihood-based estimation using those complex signal measurements.
  • The complaint does not explicitly reserve the right to assert dependent claims for this patent.

U.S. Patent No. 6,633,616 - “OFDM Pilot Tone Tracking For Wireless LAN”

The Invention Explained

  • Problem Addressed: The patent describes that processing delays within a standard Fast Fourier Transform (FFT) block in an OFDM receiver can limit the effective bandwidth of a pilot tracking loop. This limited bandwidth reduces the loop's ability to track and correct for phase noise, particularly at higher frequency offsets (’616 Patent, col. 17:1-20).
  • The Patented Solution: The invention provides a method where the pilot phase error estimation is performed in a separate processing path that runs in parallel to the main FFT processing path. This architecture allows the phase error estimate to be determined and applied to the signal before the main FFT processing is completed, thereby reducing latency and enabling a wider, more effective tracking bandwidth (’616 Patent, Abstract; col. 17:48-67).
  • Technical Importance: By decoupling the pilot tracking from the latency of the main FFT, this method allows for more effective phase noise cancellation, improving receiver performance without requiring more complex radio hardware (’616 Patent, col. 18:4-9).

Key Claims at a Glance

  • The complaint asserts independent claim 12 (’616 Patent; Compl. ¶37).
  • Essential elements of claim 12 include:
    • A method of pilot phase error estimation in an OFDM receiver.
    • Determining pilot reference points from an OFDM preamble waveform.
    • Processing the preamble waveform with a fast Fourier transform in a parallel path.
    • Determining a phase error estimate of a subsequent OFDM symbol.
    • Processing the subsequent OFDM symbol with the fast Fourier transform in the parallel path.
    • The step of determining the phase error estimate is completed prior to the completion of the processing of the subsequent OFDM symbol in the parallel path.
  • The complaint does not explicitly reserve the right to assert dependent claims for this patent.

U.S. Patent No. 7,206,837 - “Intelligent Trip Status Notification”

Technology Synopsis

This patent describes a method for providing trip status information to a mobile device. The system receives the device's location while in transit and estimates time-of-arrival bounds based on that location and at least one historical travel time statistic, sending the result to the mobile device (Compl. ¶48; ’837 Patent, Abstract).

Asserted Claims

At least claim 1 (Compl. ¶47).

Accused Features

The complaint alleges that the Accused Products perform a method of receiving a location of a mobile device in transit and estimating time-of-arrival bounds (Compl. ¶48).

U.S. Patent No. 7,741,968 - “System and Method For Navigation Tracking of Individuals in a Group”

Technology Synopsis

This patent relates to a system for tracking a group of mobile devices. It describes a master mobile device that receives positional data from other devices, displays their positions, and can send "convergence geographical data" (e.g., turn-by-turn instructions) to a selected device to allow it to converge with the master device, while continuously generating an ETA (Compl. ¶72; ’968 Patent, Abstract).

Asserted Claims

At least claim 7 (Compl. ¶71).

Accused Features

The complaint alleges the Accused Products provide code on a computer-readable medium for controlling a master device to track, display, and send convergence data to other mobile devices in a fleet (Compl. ¶72).

U.S. Patent No. 7,747,291 - “Wireless Communication Method”

Technology Synopsis

This patent discloses a method for wirelessly providing a traffic update to a vehicle. A wireless communication system receives identification and GPS information from the vehicle via a mobile unit, interfaces with a network to get a traffic update, and sends that update back to the vehicle (Compl. ¶96; ’291 Patent, Abstract).

Asserted Claims

At least claim 20 (Compl. ¶95).

Accused Features

The Accused Products are alleged to perform a method of wirelessly providing traffic updates to vehicles by receiving vehicle communications and interfacing with a network (Compl. ¶96).

U.S. Patent No. 8,005,053 - “Channel Interference Reduction”

Technology Synopsis

The patent describes an apparatus with at least two wireless transceivers, each configured for a different wireless protocol. A controller selects one of the transceivers to communicate data of both protocols, encoding data from the unselected protocol for transmission by the selected one (’053 Patent, Abstract; Compl. ¶106).

Asserted Claims

At least claim 1 (Compl. ¶105).

Accused Features

The complaint alleges the Accused Products comprise multiple wireless transceivers (e.g., for Bluetooth, IEEE 802.11, LTE) and a controller that selects between them to communicate data (Compl. ¶¶17, 106).

U.S. Patent No. 9,299,044 - “System and Methods For Management of Mobile Field Assets Via Wireless Handheld Devices”

Technology Synopsis

This patent describes a method for managing mobile field assets. It involves a handheld device accessing a task template from a remote server at the start of a work shift, reporting task status during the shift by synchronizing with the server, and the server updating the template with unfinished or new tasks (Compl. ¶116; ’044 Patent, Abstract).

Asserted Claims

At least claim 1 (Compl. ¶115).

Accused Features

The Accused Products are alleged to perform a method for managing mobile assets where handheld devices access and synchronize task templates stored on a remote server (Compl. ¶116).

U.S. Patent No. 9,747,565 - “System and Methods For Management of Mobile Field Assets Via Wireless Handheld Devices”

Technology Synopsis

This patent, related to the ’044 patent, also describes a method for managing mobile field assets using templates stored on a remote server that are accessed and synchronized by handheld devices to manage tasks during a work shift (Compl. ¶126; ’565 Patent, Abstract).

Asserted Claims

At least claim 1 (Compl. ¶125).

Accused Features

The Accused Products are alleged to perform a method for managing mobile assets where handheld devices access and synchronize task templates with a remote server (Compl. ¶126).

U.S. Patent No. 10,671,949 - “System and Methods For Management of Mobile Field Assets Via Wireless Handheld Devices”

Technology Synopsis

This patent, also related to the ’044 patent, describes a method for managing mobile field assets. It includes accessing a template with a first set of tasks, reporting status by synchronizing a handheld device with a server, and updating the template to include a second set of tasks for a second time period (Compl. ¶136; ’949 Patent, Abstract).

Asserted Claims

At least claim 1 (Compl. ¶135).

Accused Features

The complaint alleges the Accused Products perform a method for mobile asset management using templates on a remote server that are accessed, synchronized, and updated via handheld devices (Compl. ¶136).

III. The Accused Instrumentality

Product Identification

The complaint identifies the Accused Products as the "fleet management platform and tracking solutions" manufactured by ORBCOMM and used by Defendant Kroger (Compl. ¶¶15-16). This includes specific hardware devices (e.g., GT1200 Series, CT1000, PT6000), telematics devices (e.g., FM5000), software platforms (e.g., ORBCOMM Platform), and web applications (e.g., AssetWatch, FleetEdge) (Compl. ¶16).

Functionality and Market Context

The Accused Products are alleged to provide a unified platform for managing and tracking various fleet assets, such as refrigerated ("reefer") and dry trailers (Compl. ¶¶16, 19; Compl. p. 5, FIGURE 1). Their alleged technical functions include performing wireless communications over various protocols (e.g., Bluetooth, IEEE 802.11, LTE), processing OFDM signals, tracking vehicle locations, analyzing and reporting vehicle maintenance needs, and facilitating communication between administrators and remote units (Compl. ¶¶17-19). A diagram in the complaint titled "The ORBCOMM Smart Truck" illustrates a vehicle equipped with numerous accused capabilities, including trailer tracking, geofences, and various cargo and environmental sensors (Compl. p. 6, FIGURE 3).

IV. Analysis of Infringement Allegations

The complaint references, but does not include, claim-chart exhibits detailing the infringement theories for each patent. The following is a summary of the narrative infringement allegations provided in the complaint for the two lead patents.

’583 Patent Infringement Allegations

The complaint alleges that Defendant’s use of the Accused Products constitutes performance of a method for pilot phase error estimation in an OFDM receiver. The narrative theory tracks the elements of claim 1, alleging the products determine pilot reference points from a preamble waveform and then estimate an aggregate phase error for subsequent data symbols. Crucially, it alleges this estimation is a "maximum likelihood-based estimation" that uses complex signal measurements from all pilots of the data symbol (Compl. ¶28). The complaint does not provide technical details or evidence to substantiate how the accused ORBCOMM products perform this specific type of estimation.

’616 Patent Infringement Allegations

The complaint alleges that the Accused Products perform a method of pilot phase error estimation that meets the limitations of claim 12. The infringement theory posits that the products determine pilot reference points and then process subsequent OFDM symbols using a fast Fourier transform. In parallel to this processing, the products allegedly determine a phase error estimate. The core of the allegation is the specific timing relationship required by the claim: that the step of "determining the phase error estimate...is completed prior to the completion of the processing [of] the subsequent OFDM symbol" in the parallel path (Compl. ¶38). The complaint does not provide evidence regarding the internal hardware or software architecture of the Accused Products to support this "parallel path" and timing allegation.

Identified Points of Contention

  • Technical Questions: The infringement allegations for both the ’583 and ’616 patents depend on the specific internal algorithms and hardware/software architecture of the Accused Products' OFDM receivers. A central question for the case will be: what evidence does the complaint provide, beyond conclusory statements, that the ORBCOMM products actually perform the claimed "maximum likelihood-based estimation" (’583 patent) or utilize the specific "parallel path" architecture where the phase error estimate is "completed prior to" the main FFT processing (’616 patent)?
  • Scope Questions: The claims of the ’583 and ’616 patents are directed to "pilot tone tracking in wireless LAN." A potential point of contention may be whether this language, rooted in the context of standards like IEEE 802.11a, can be construed to cover the different and more modern wireless protocols, such as LTE, that the complaint alleges the Accused Products use (Compl. ¶17).

V. Key Claim Terms for Construction

Term for Construction: “maximum likelihood-based estimation” (’583 Patent, claim 1)

Context and Importance

This term defines the specific mathematical nature of the claimed estimation method. The outcome of the infringement analysis for the ’583 patent may depend on whether this term is construed broadly to cover any estimation that is mathematically optimal in a maximum-likelihood sense, or narrowly to require the specific implementation disclosed in the patent.

Intrinsic Evidence for Interpretation

  • Evidence for a Broader Interpretation: The term itself is used in the claim without further structural or algorithmic limitations, which may support a construction based on its plain and ordinary meaning to one skilled in the art of signal processing.
  • Evidence for a Narrower Interpretation: The specification provides a detailed derivation and specific equations for the estimator, describing it as the argument of a "complex composite signal" formed by weighting and summing signals from each pilot (’583 Patent, col. 9:46-10:44). A party may argue that these details limit the scope of the claimed "maximum likelihood-based estimation" to the disclosed embodiment or its equivalents.

Term for Construction: “completed prior to the completion of the processing” (’616 Patent, claim 12)

Context and Importance

This term is critical as it defines the temporal relationship between two process steps—the phase error estimation and the main FFT processing—which is the core of the asserted invention. Infringement of the ’616 patent hinges on proving this specific timing and architectural arrangement.

Intrinsic Evidence for Interpretation

  • Evidence for a Broader Interpretation: The language is functional and focuses on the result (one task finishing before another) rather than the specific means of achieving it, which could support a construction that does not require a specific hardware layout as long as the timing requirement is met.
  • Evidence for a Narrower Interpretation: The patent’s detailed description explains that this parallel structure is designed to overcome the latency inherent in the FFT process (’616 Patent, col. 17:1-20). A party may argue that the term must be construed in light of this stated purpose, requiring a system where the estimation path is demonstrably faster and architecturally distinct from the main FFT path to achieve the invention's objective.

VI. Other Allegations

Indirect Infringement

For the ’837 and ’968 patents, the complaint alleges induced infringement, stating that Defendant induces its customers and employees to infringe by providing the Accused Products and distributing instructions, advertising, and technical support that guide their use in an infringing manner (Compl. ¶¶50-52, 74-76). Contributory infringement is also alleged, based on the assertion that the Accused Products contain special features designed for infringement that are not staple articles of commerce suitable for substantial non-infringing use (Compl. ¶¶57-58, 81-82).

Willful Infringement

The complaint alleges willful infringement of the ’837 and ’968 patents. The allegations are based on knowledge of the patents acquired at least as of the filing of the original complaint in this action. The complaint further alleges Defendant has a "policy or practice of not reviewing the patents of others," constituting willful blindness (Compl. ¶¶59-62, 83-86). The prayer for relief explicitly seeks a finding of willfulness and treble damages for infringement of the ’837 and ’968 patents (Compl. ¶140.c).

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

This litigation presents several central questions for the court that will likely define the course of the dispute:

  1. A key issue will be one of evidentiary proof: The complaint’s infringement allegations for the highly technical OFDM patents (’583, ’616) rely on specific, internal operations of the Accused Products. As the complaint lacks detailed technical evidence, the case may turn on whether discovery yields proof (e.g., source code, hardware schematics) that the ORBCOMM systems actually perform the claimed "maximum likelihood-based estimation" and utilize the specific "parallel path" architecture.

  2. A second core issue will be one of claim scope and interpretation: The case involves patents directed at distinct technological layers, from low-level signal processing to high-level fleet management applications. A central legal question will be whether the language of claims drafted for one context (e.g., "work shift" in the ’044 patent family, which suggests human-centric operations) can be construed to cover the operations of a modern, potentially automated, 24/7 asset tracking system.

  3. A final question will be one of technological applicability: Can claims originating in the context of "Wireless LAN" technology from the early 2000s be applied to the diverse and modern wireless standards (e.g., LTE) allegedly used by the Accused Products today? The answer will depend on how broadly the court construes the patent claims in light of the technological evolution of wireless communication.