DCT
2:24-cv-00724
Active Wireless Tech LLC v. Verizon Communications Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Active Wireless Technologies LLC (Texas)
- Defendant: Verizon Communications, Inc. and Cellco Partnership d/b/a Verizon Wireless (Delaware)
- Plaintiff’s Counsel: Fabricant LLP
- Case Identification: 2:24-cv-00724, E.D. Tex., 09/05/2024
- Venue Allegations: Plaintiff alleges venue is proper based on Defendant’s registration to do business in Texas, its transaction of business in the Eastern District, and its operation of numerous regular and established places of business within the district.
- Core Dispute: Plaintiff alleges that Defendant’s 5G cellular network infrastructure, including its base stations and related components, infringes patents related to uplink power calculation and the management of communication resources.
- Technical Context: The patents relate to advanced functionalities within 5G wireless communication standards, specifically concerning efficient data transmission and resource management in complex network environments.
- Key Procedural History: The complaint alleges that Defendant had actual notice of the patents-in-suit due to prior litigation involving the Plaintiff and Defendant (Active Wireless Technologies, LLC v. Verizon Communications, Inc. et al., Case No. 2:23-cv-00620-JRG), which may be relevant to the allegation of willful infringement.
Case Timeline
| Date | Event |
|---|---|
| 2016-08-09 | '955 Patent Priority Date |
| 2018-01-11 | '432 Patent Priority Date |
| 2018-10-01 | Verizon announces launch of its first commercial 5G network |
| 2020-10-13 | '955 Patent Issue Date |
| 2020-12-01 | '432 Patent Issue Date |
| 2023-12-20 | Filing of prior litigation cited for notice (AWT v. Verizon) |
| 2024-09-05 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,805,955 - "Terminal Apparatus, Base Station Apparatus, Communication Method, and Integrated Circuit," Issued October 13, 2020 (’955 Patent)
The Invention Explained
- Problem Addressed: In wireless systems using unlicensed frequency bands, such as Licensed Assisted Access (LAA), a device must "listen before talk" (LBT) to avoid interference, which can delay or prevent the transmission of the beginning portion of a data packet ('955 Patent, col. 1:37-40). This creates a technical challenge in how the system should calculate the necessary transmission power for the remaining, partial data packet to ensure reliable communication without knowing in advance if the channel will be clear ('955 Patent, col. 15:1-12).
- The Patented Solution: The patent describes a method for a base station to determine the transmit power for an uplink data channel (PUSCH) by accounting for these potential LBT-related gaps. The power calculation is based on a dynamically determined number of transmitted data symbols, which in turn depends on a parameter ("NLBT") that reflects whether the initial part of the transmission was skipped ('955 Patent, col. 2:13-28). This allows for a more accurate power setting adapted to the actual, potentially shortened, transmission.
- Technical Importance: This approach provides a mechanism to maintain communication efficiency and reliability in shared spectrum environments where channel access is not guaranteed.
Key Claims at a Glance
- The complaint asserts independent Claim 3.
- Claim 3, directed to a base station apparatus, requires:
- Reception circuitry to receive a transport block on a Physical Uplink Channel (PUSCH).
- Physical layer processing circuitry to determine transmit power for the PUSCH based on a number of Single Carrier-Frequency Division Multiple Access (SC-FDMA) symbols for the initial transmission.
- The number of SC-FDMA symbols is given based on a parameter "NLBT" and the total number of symbols in an uplink slot.
- The parameter "NLBT" is 1 when the signal of a given SC-FDMA symbol is generated using content from a following SC-FDMA symbol, a condition tied to the LBT procedure.
- The complaint reserves the right to assert additional claims (Compl. ¶19).
U.S. Patent No. 10,855,432 - "User Equipments, Base Stations and Methods," Issued December 1, 2020 (’432 Patent)
The Invention Explained
- Problem Addressed: Modern 5G networks improve efficiency by dividing the available spectrum into multiple "bandwidth parts" (BWPs), which can be activated or deactivated as needed ('432 Patent, col. 1:15-18, FIG. 5). A problem arises in managing the control signaling resources, such as those used for Channel State Information (CSI) reporting, when an associated BWP is deactivated. Leaving these resources configured could waste power and processing, while fully deleting them would require a more complex reconfiguration process upon reactivation ('432 Patent, col. 2:15-30).
- The Patented Solution: The patent discloses a method for a base station to manage CSI resources associated with a BWP. The base station sends activation and deactivation commands for semi-persistent CSI resources. Crucially, the base station’s processing circuitry is configured to "consider" that the CSI resource configuration is "suspended" when the associated BWP is deactivated ('432 Patent, Abstract; col. 2:40-54). This provides an efficient state management system, allowing resources to be paused rather than re-established from scratch.
- Technical Importance: This suspension mechanism allows for more agile and power-efficient use of network resources by aligning the state of control channels with the operational state of the data channels they support.
Key Claims at a Glance
- The complaint asserts independent Claim 4.
- Claim 4, directed to a base station apparatus, requires:
- Communicating with user equipment on one or more downlink BWPs.
- Transmitting circuitry to transmit an activation command for a semi-persistent CSI-RS (Channel State Information-Reference Signal) and/or CSI-IM (Channel State Information-Interference Measurement) resource configuration associated with a DL BWP.
- Transmitting circuitry to transmit a deactivation command for that same resource configuration.
- Processing circuitry configured to consider that the resource configuration is suspended when the associated DL BWP is deactivated.
- The complaint reserves the right to assert additional claims (Compl. ¶32).
III. The Accused Instrumentality
Product Identification
- The accused products are Verizon's 5G cellular network infrastructure and services, including its 5G and 5G Ultra Wideband base stations, associated 5G hardware, software, radio and baseband units, and related platforms like Verizon Connect and ThingSpace (collectively, "Accused Products") (Compl. ¶15).
Functionality and Market Context
- The complaint alleges that the Accused Products operate a 5G cellular network compliant with 3GPP standards, providing 5G data services to customers (Compl. ¶¶ 12, 16). The complaint includes a screenshot of Verizon's online coverage map to demonstrate that Verizon operates and offers these 5G services within the Eastern District of Texas (Compl. p. 6). The allegations center on the technical operation of these 3GPP-compliant base stations, specifically how they manage uplink power control and resource configurations for communication with user devices (Compl. ¶¶ 20-25, 33-38).
IV. Analysis of Infringement Allegations
'955 Patent Infringement Allegations
| Claim Element (from Independent Claim 3) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A base station apparatus comprising: reception circuitry configured to and/or programmed to receive a transport block on a Physical Uplink Channel (PUSCH)... | Verizon's Accused Products are base station apparatuses that include reception circuitry to receive transport blocks on a PUSCH as part of their 3GPP-compliant operation. | ¶22 | col. 2:29-31 |
| and physical layer processing circuitry configured to and/or programmed to determine transmit power for the PUSCH at least based on a number of Single Carrier (SC)-Frequency Division Multiple Access (FDMA) symbols NPUSCH-initial symb for an initial transmission of the PUSCH for the transport block... | The Accused Products' processing circuitry allegedly determines PUSCH transmit power based on the number of SC-FDMA symbols, as defined in 3GPP standards for power control. | ¶23 | col. 2:16-22 |
| wherein: the number of the SC-FDMA symbols NPUSCH-initial symb is given based on NLBT and a number of SC-FDMA symbols included in a uplink slot NUL symb... | The number of initial symbols is allegedly calculated in the Accused Products based on the "NLBT" parameter and the number of symbols per slot, per 3GPP TS 38.212. | ¶24 | col. 2:22-26 |
| and the NLBT is 1 in a case that a signal of a SC-FDMA symbol with index 1 is generated based on a content for resource elements corresponding to a SC-FDMA symbol with index 1+1. | The "NLBT" parameter in the Accused Products is allegedly set to 1 under the specific condition of signal generation from a following symbol, as defined in 3GPP standards to handle LBT gaps. | ¶25 | col. 2:22-28 |
'432 Patent Infringement Allegations
| Claim Element (from Independent Claim 4) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a base station apparatus that communicates with a user equipment on one or more downlink bandwidth parts (DL BWPs) in at least one serving cell... | Verizon's Accused Products are base station apparatuses that communicate with user equipment using one or more DL BWPs, consistent with 3GPP standards for 5G bandwidth part operation. | ¶35 | col. 2:40-43 |
| transmitting circuitry configured to transmit an activation command for at least one of a semi-persistent channel state information-reference signal (CSI-RS) and a channel state information-interference measurement (CSI-IM) resource configuration, the semi-persistent CSI-RS and CSI-IM resource configuration being associated with a DL BWP... | The Accused Products allegedly transmit activation commands for semi-persistent CSI-RS/CSI-IM resources associated with a specific DL BWP via a MAC CE, as defined in 3GPP standards. | ¶36 | col. 2:40-49 |
| the transmitting circuitry configured to transmit a deactivation command for the at least one of the semi-persistent CSI-RS and CSI-IM resource configuration... | The Accused Products allegedly transmit deactivation commands for the same semi-persistent CSI-RS/CSI-IM resources, as provided for in 3GPP standards. | ¶37 | col. 2:49-51 |
| and processing circuitry configured to consider that the at least one of the semi-persistent CSI-RS and CSI-IM resource configuration is suspended in a case that the associated DL BWP is deactivated. | The processing circuitry of the Accused Products allegedly considers the CSI-RS/CSI-IM configuration to be "suspended" when the associated DL BWP is inactive, a behavior specified in 3GPP standards. | ¶38 | col. 2:50-54 |
Identified Points of Contention
- Evidentiary Questions: The complaint's infringement theory for both patents relies on the assertion that the Accused Products are "3GPP-compliant" (Compl. ¶¶ 16, 21, 34). A primary point of contention will be whether Plaintiff can provide sufficient evidence that Verizon's specific implementation of the cited 3GPP standards practices every element of the asserted claims.
- Scope Questions ('955 Patent): The infringement allegation for the '955 Patent hinges on the specific condition where "NLBT" is 1. The dispute may turn on how frequently this condition occurs in Verizon's real-world network operations and whether the accused power determination method functions precisely as claimed.
- Technical Questions ('432 Patent): The core of the '432 Patent infringement allegation is the "suspension" of a resource configuration. A key question will be whether the accused system's deactivation procedure functions in a way that meets the specific technical meaning of "suspended" as defined and required by the patent claim, or if there is a functional difference.
V. Key Claim Terms for Construction
For the '955 Patent:
- The Term: "NLBT"
- Context and Importance: This term is the central technical feature of Claim 3. Its value (1 or 0) directly controls the power calculation method. Infringement requires proving the accused system sets "NLBT" to 1 under the claimed conditions. Practitioners may focus on this term because its definition is tied to a very specific operational scenario in LAA networks.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification broadly links "NLBT" to the general problem of efficient uplink transmission in systems that use LBT, suggesting its applicability wherever such procedures are used ('955 Patent, col. 1:31-40).
- Evidence for a Narrower Interpretation: The claim and specification provide a precise, narrow definition: "NLBT" is 1 only "in a case that a time continuous signal of a first SC-FDMA symbol included in the PUSCH is generated based on a content of a resource element corresponding to a second SC-FDMA symbol following the first SC-FDMA symbol" ('955 Patent, col. 2:22-28). This ties the term to a specific signal generation method, potentially limiting its scope.
For the '432 Patent:
- The Term: "suspended"
- Context and Importance: The concept of a resource configuration being "suspended" rather than simply deleted is the inventive step. The outcome of the infringement analysis depends on whether the accused system's state management for CSI resources upon BWP deactivation constitutes "suspension" as claimed.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The patent describes the invention in general terms as a solution for managing resources when a BWP is deactivated, which could support a broader reading covering any form of temporary de-allocation ('432 Patent, col. 2:15-30). The complaint itself points to 3GPP standards where the term "suspended" is used, suggesting the patentee intended to capture this standards-defined state (Compl. ¶38).
- Evidence for a Narrower Interpretation: The claim requires processing circuitry to "consider that the... configuration is suspended," and the abstract uses the same phrasing ('432 Patent, Abstract). This could be construed to require a specific state to be explicitly recognized or tracked by the circuitry, as opposed to merely being a passive consequence of BWP deactivation. The flowchart in FIG. 15 shows this as a distinct step in the base station's logic.
VI. Other Allegations
- Indirect Infringement: The complaint alleges both induced and contributory infringement. For inducement, it alleges Verizon provides instructions, marketing, and technical support that encourage infringing use by partners and customers (Compl. ¶¶ 26, 39). For contributory infringement, it alleges the accused components are material to the inventions, not staple articles of commerce, and are known by Verizon to be especially adapted for infringement (Compl. ¶¶ 27, 40).
- Willful Infringement: The complaint alleges that Verizon had actual notice of both patents-in-suit as a result of prior litigation filed by the same plaintiff against Verizon (Compl. ¶¶ 28, 41). This allegation of pre-suit knowledge forms the basis for a potential claim of willful infringement.
VII. Analyst’s Conclusion: Key Questions for the Case
- A central issue will be one of "infringement by standard": The case for both patents is predicated on the accused network infrastructure being compliant with specific 3GPP standards. A key evidentiary question for the court will be whether Plaintiff’s technical evidence can successfully map the language of the asserted claims onto the specific 3GPP standard provisions that are actually implemented and operative in Defendant’s network.
- The dispute will also likely involve questions of "technical and definitional scope". For the '955 Patent, the case may turn on whether the accused base stations actually perform the specific uplink signal generation method that triggers the claimed "NLBT=1" power calculation rule. For the '432 Patent, a critical question will be whether the accused system’s process for handling resource configurations upon BWP deactivation constitutes "suspension" within the specific meaning of that term as construed from the patent's specification and claims.