Peninsula Tech LLC v. AT&T Mobility LLC

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Peninsula Technologies, LLC (Texas)
  • Defendant: AT&T Mobility LLC (Delaware)
  • Plaintiff’s Counsel: Nelson Bumgardner Conroy PC
• Case Identification: 2:25-cv-1034, E.D. Tex., 10/09/2025
• Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Texas because Defendant is subject to personal jurisdiction, has committed acts of infringement in the District, and maintains regular and established places of business, including retail stores and cellular base stations, within the district.
• Core Dispute: Plaintiff alleges that Defendant’s 4G/LTE and 5G cellular networks infringe seven U.S. patents related to standardized methods for managing wireless communications, including power control, data scheduling, and session management.
• Technical Context: The technologies at issue relate to the operational standards of 4G/LTE and 5G cellular networks, governing how mobile devices and base stations manage resources and communicate efficiently in complex scenarios like carrier aggregation and dual connectivity.
• Key Procedural History: The complaint alleges that Defendant was provided with pre-suit notice of the asserted patents and its infringement. An initial notice letter was allegedly sent on April 11, 2023, identifying U.S. Patent No. 9,844,009 and applications that later issued as five of the other asserted patents. A subsequent letter on February 10, 2025, allegedly provided claim charts for all asserted patents, which Defendant allegedly accessed and downloaded from a private data room on February 24, 2025, and March 12, 2025. These allegations may form the basis for Plaintiff’s claim of willful infringement.

Case Timeline

Date	Event
2015-06-20	’201 Patent Priority Date
2016-05-09	’549 Patent and ’087 Patent Priority Date
2016-09-26	’404 Patent Priority Date
2017-03-27	’009 Patent Priority Date
2017-12-12	U.S. Patent No. 9,844,009 Issues
2018-06-21	’775 Patent Priority Date
2019-04-12	’471 Patent Priority Date
2023-04-11	Plaintiff’s predecessor allegedly sends notice letter to AT&T
2024-01-30	U.S. Patent No. 11,889,471 Issues
2024-02-20	U.S. Patent No. 11,910,404 Issues
2024-02-27	U.S. Patent No. 11,917,549 Issues
2024-06-04	U.S. Patent No. 12,004,087 Issues
2024-10-15	U.S. Patent No. 12,120,775 Issues
2025-01-21	U.S. Patent No. 12,207,201 Issues
2025-02-10	Plaintiff allegedly sends notice letter with claim charts to AT&T
2025-02-24	AT&T allegedly downloads claim charts
2025-03-12	AT&T allegedly downloads claim charts a second time
2025-10-09	Complaint Filed

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

U.S. Patent No. 9,844,009, “Power headroom report in a wireless device with carrier aggregation,” Issued December 12, 2017

The Invention Explained

• Problem Addressed: The complaint does not specify the problem from the patent’s background section. However, based on the infringement allegations, the patent addresses the challenge of efficiently managing uplink power headroom reports (PHRs) in wireless systems using carrier aggregation, where a device communicates over many cellular carriers simultaneously (Compl. ¶¶ 14, 29).
• The Patented Solution: The invention, as characterized in the complaint, describes a method for structuring PHR messages sent from a wireless device to a base station. The core of the solution is a "presence field" within the PHR that dynamically changes its size based on the number of configured secondary cells. It uses a smaller, one-octet field for up to seven secondary cells and a larger, four-octet field for more than seven, allowing the reporting structure to scale efficiently (Compl. ¶31).
• Technical Importance: This structured and scalable reporting mechanism is designed to enable efficient power-aware scheduling in complex 4G and 5G networks that rely on aggregating a large number of carriers to achieve high data rates (Compl. ¶32).

Key Claims at a Glance

• The complaint asserts infringement of at least independent Claim 1 (Compl. ¶29).
• Claim 1, as described in the complaint, requires a base station that:
  • Transmits configuration parameters for secondary cells.
  • Receives a PHR MAC control element containing a presence field.
  • The presence field is a fixed size of one octet for up to seven configured secondary cells.
  • The presence field is a fixed size of four octets when more than seven secondary cells with configured uplinks are involved.
  • Transmits control commands that employ the received PHR.
• Plaintiff expressly reserves the right to assert additional claims (Compl. p. 7, fn. 1).

U.S. Patent No. 11,889,471, “Paging time adjustment in a wireless network,” Issued January 30, 2024

The Invention Explained

• Problem Addressed: In devices with multiple SIMs monitoring different public land mobile networks (PLMNs), the scheduled "paging occasions"—specific times the device must listen for network alerts—can occur simultaneously, causing a "paging collision" where the device might miss a page from one network while listening to another (’471 Patent, Fig. 26A).
• The Patented Solution: The invention provides a mechanism for a wireless device to request an "IMSI offset value" from a core network node. The network responds with an "accepted IMSI offset value." This accepted offset is then used by the device and network to calculate an "alternative IMSI," which shifts the timing of the paging occasions for that network, thereby resolving the collision (’471 Patent, Abstract; col. 2:28-40).
• Technical Importance: This solution improves the reliability of multi-SIM devices by preventing missed pages, a critical function for devices that need to maintain simultaneous standby connectivity to two or more separate mobile networks (’471 Patent, col. 1:19-27).

Key Claims at a Glance

• The complaint asserts infringement of at least independent Claim 1 (Compl. ¶39).
• Claim 1 of the ’471 Patent is a method claim with the following essential elements:
  • Receiving, at a core network node from a wireless device, a requested IMSI offset value.
  • Transmitting, from the core network node to the wireless device, an accepted IMSI offset value.
  • Wherein the paging occasions are derived using an alternative IMSI that is determined based on a sum of the device's IMSI and the accepted offset value.
• Plaintiff expressly reserves the right to assert additional claims (Compl. p. 7, fn. 1).

U.S. Patent No. 11,910,404, “Physical uplink shared channel processing period,” Issued February 20, 2024

• Technology Synopsis: This patent addresses the timing coordination for uplink data transmissions. The described invention involves a base station first receiving a capability message from a wireless device that specifies the device's "PUSCH processing period"—the time it needs to prepare data for uplink transmission. The base station then issues a resource assignment command (DCI) that schedules the transmission to occur after a time period equal to or greater than the device's stated processing period, ensuring the device has adequate time to respond to the command (’404 Patent, Abstract).
• Asserted Claims: At least independent Claim 11 (Compl. ¶49).
• Accused Features: AT&T's 5G network base stations are accused of infringing by receiving "UECapabilityInformation" messages indicating PUSCH processing capabilities and subsequently transmitting DCI formats that schedule PUSCH resources with a time offset that respects the device's processing period (Compl. ¶¶ 50-52).

U.S. Patent No. 11,917,549, “Scaling transmission power of uplink signals of a wireless device,” Issued February 27, 2024

• Technology Synopsis: The patent relates to power control in dual connectivity scenarios, where a device communicates over two cell groups in different frequency bands (e.g., NR-DC). The invention describes a base station sending radio resource control (RRC) messages that define a first maximum total transmit power for a first cell group and a second maximum total transmit power for a second group. The wireless device then scales the transmission power of signals on each group to ensure the respective maximum power limits are not exceeded (’549 Patent, Abstract).
• Asserted Claims: At least independent Claim 16 (Compl. ¶60).
• Accused Features: AT&T's 5G network base stations in NR-DC environments are accused of infringing by transmitting "RRCReconfiguration" messages with "p-NR-FR1" and "p-NR-FR2" power parameters and receiving uplink transmissions that have been scaled by the device in accordance with those parameters (Compl. ¶¶ 61-62).

U.S. Patent No. 12,004,087, “Prioritizing uplink signals of a radio access technology,” Issued June 4, 2024

• Technology Synopsis: This patent discloses a method for managing uplink power when a device operates using two different radio access technologies (RATs), such as in an E-UTRA NR dual connectivity (EN-DC) environment (4G LTE and 5G NR). The invention specifies a priority scheme where, if the total required transmission power for signals on both RATs exceeds a maximum power value, the scheduled transmission for the lower-priority RAT is dropped. The complaint alleges 4G E-UTRA is treated as the higher-priority technology (’087 Patent, Abstract; Compl. ¶74).
• Asserted Claims: At least independent Claim 1 (Compl. ¶69).
• Accused Features: AT&T's 4G/5G network operating in EN-DC mode is accused of infringing, whereby mobile devices are configured to prioritize 4G (MCG) transmissions and drop 5G (SCG) transmissions when the total combined power would exceed the device's maximum transmit power (Compl. ¶¶ 72-74).

U.S. Patent No. 12,120,775, “Multi access packet/protocol data unit session,” Issued October 15, 2024

• Technology Synopsis: The patent is directed to managing a data session that spans multiple access networks, such as a 3GPP cellular network and a non-3GPP network (e.g., Wi-Fi). The invention describes a method where a Session Management Function (SMF) in the core network receives a data notification for a multi-access (MA) session from a User Plane Function (UPF). In response, the SMF sends a request to an Access and Mobility Management Function (AMF) indicating a specific access network type over which user plane resources should be activated (’775 Patent, Abstract).
• Asserted Claims: At least independent Claim 1 (Compl. ¶81).
• Accused Features: AT&T's 5G core network is accused of infringing through the coordinated actions of its SMF, UPF, and AMF components in managing MA PDU sessions, particularly for features like Access Traffic Steering, Switching, and Splitting (ATSSS) (Compl. ¶¶ 82-85). This figure depicts the signaling flow for a network-triggered service request, showing a Data Notification message from the UPF to the SMF (Compl. p. 29, Fig. 4.2.3.3-1).

U.S. Patent No. 12,207,201, “Uplink power control in a wireless device,” Issued January 21, 2025

• Technology Synopsis: This patent concerns uplink power control in carrier aggregation scenarios where uplink control channels (PUCCH) can exist on multiple cells. The invention describes a system where cells are grouped into a "primary PUCCH group" and a "secondary PUCCH group." A base station sends a downlink control information (DCI) message containing a PUCCH transmit power control (TPC) command. The wireless device determines whether the target cell belongs to the primary or secondary group and calculates the transmit power for the corresponding PUCCH accordingly (’201 Patent, Abstract).
• Asserted Claims: At least independent Claim 11 (Compl. ¶92).
• Accused Features: AT&T's 4G and 5G base stations are accused of infringing by configuring primary and secondary PUCCH groups and then using DCI formats to transmit TPC commands that control the power of uplink signals on the appropriate PUCCH (Compl. ¶¶ 93-98).

III. The Accused Instrumentality

Product Identification

The accused instrumentalities are AT&T’s 4G/LTE and 5G cellular networks, which include infrastructure components such as base stations (eNBs and gNBs) and core network equipment (MME, SMF, UPF, AMF) (Compl. ¶¶ 29, 39, 49, 81, 92).

Functionality and Market Context

The complaint alleges that AT&T is a leading mobile network operator in the United States, serving over 118 million subscribers (Compl. ¶10). The accused networks are alleged to operate in compliance with 3GPP standards, including Releases 15, 16, and 17, and to implement advanced features such as carrier aggregation and dual connectivity to provide mobile data and voice services (Compl. ¶12). The accused functionalities are specific, standards-based technical operations for managing network resources and power control, which are alleged to be integral to the network's operation. This figure illustrates the RRC Reconfiguration procedure, a standard message exchange between a user equipment (UE) and the network for modifying a connection (Compl. p. 8, Fig. 5.3.5.1-1).

IV. Analysis of Infringement Allegations

9,844,009 Patent Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
a base station comprising: one or more processors; and memory storing instructions that, when executed...cause the base station to:	AT&T's 5G network includes base stations (gNBs) that contain processors and memory storing instructions.	¶30	col. 4:39-44
transmit at least one message comprising configuration parameters of one or more secondary cells.	The gNB transmits an "RRCReconfiguration" message to the user equipment to configure secondary cells for carrier aggregation.	¶30	col. 5:15-20
receive a power headroom report media access control control element (PHR MAC CE) comprising a presence field comprising a plurality of presence bits,	The gNB receives a PHR MAC CE from the user equipment that contains a bitmap indicating the presence of power headroom information.	¶31	col. 6:20-25
wherein: the presence field is of a fixed size of one octet when up to seven secondary cells are configured...and the presence field is of a fixed size of four octets when the one or more secondary cells comprise more than seven secondary cells with configured uplinks.	The complaint alleges this functionality is implemented per the 3GPP standard, which specifies a single octet bitmap is used when the highest cell index is less than 8, and four octets are used otherwise. This visual provides an excerpt from a 3GPP standard defining that a power headroom report bitmap is one octet for fewer than eight cells and four octets otherwise (Compl. p. 9).	¶31	col. 6:33-41
transmit one or more control commands employing at least the PHR MAC CE.	The gNB uses the information from the received PHR to transmit Downlink Control Information (DCI) commands for power-aware packet scheduling.	¶32	col. 6:42-44

Identified Points of Contention:

• The infringement theory for the ’009 Patent relies on AT&T’s implementation of 3GPP standards. A primary question will be evidentiary: what proof demonstrates that AT&T's network equipment performs each claimed step as alleged, particularly the dynamic sizing of the PHR presence field?
• A potential claim construction dispute may arise over the scope of "employing at least the PHR MAC CE." The analysis may question whether a base station's use of power headroom data to inform its general scheduling algorithm is sufficient to meet this limitation, or if a more direct use of the control element itself is required by the patent's specification.

11,889,471 Patent Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
receiving, from a wireless device by a core network node of a first public land mobile network (PLMN), a requested international mobile subscriber identity (IMSI) offset value for offsetting an IMSI of the wireless device.	A core network component, such as a Mobility Management Entity (MME), receives a "Requested IMSI Offset value" from a user device in an "Attach Request" or "Tracking Area Update Request" message.	¶40	col. 52:1-8
transmitting, from the core network node to the wireless device, an accepted IMSI offset value for offsetting the IMSI of the wireless device.	The MME provides an "Accepted IMSI Offset value" back to the user device in an "Attach Accept" or "Tracking Area Update Accept" message to acknowledge and provide the accepted value.	¶41	col. 52:9-13
wherein first paging occasions of the first PLMN are derived using an alternative IMSI determined based on a sum of: the IMSI of the wireless device; and the accepted IMSI offset value.	The user device and network use the accepted offset to calculate an "alternative IMSI" value based on the sum of the original IMSI's mobile subscriber number and the offset, which is then used to derive the timing of paging occasions.	¶42	col. 52:14-20

Identified Points of Contention:

• A key factual question is whether AT&T's 4G/LTE core network actually implements the "IMSI Offset" feature, which may be an optional component of the 3GPP standard. Evidence of this feature being active in the network will be central to the infringement analysis.
• The claim language "determined based on a sum of" may be a point of construction. The complaint points to a 3GPP formula that includes both a sum and a modulo operation. The analysis will question whether this formula falls within the scope of being "based on a sum," as required by the claim.

V. Key Claim Terms for Construction

Term: "employing at least the PHR MAC CE" (’009 Patent, Claim 1)

• Context and Importance: This term defines the connection between the base station receiving the power report and its subsequent actions. Its construction is critical because it determines what type of action by the base station constitutes infringement. Practitioners may focus on this term because it raises the question of whether simply "considering" the PHR data in a scheduling algorithm meets the limitation, or if a more direct operational use of the control element is required.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The patent specification may describe the overall purpose of the PHR as providing information to "assist" or "enable" power-aware scheduling, suggesting any use of the information contained within the PHR would satisfy the "employing" limitation.
  • Evidence for a Narrower Interpretation: The specification's detailed description or specific embodiments might describe a process where values from the PHR MAC CE are directly used as inputs into a formula for calculating a transmit power control command, which could support a narrower construction requiring a direct, formulaic dependency.

Term: "alternative IMSI determined based on a sum of" (’471 Patent, Claim 1)

• Context and Importance: This term is at the heart of the inventive method, defining how the new paging occasion timing is calculated. The infringement allegation hinges on whether the accused 3GPP standard's formula, which includes a modulo operation, meets this definition.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: The patent's abstract states the alternative IMSI "is determined based on a sum of the IMSI of the wireless device and the accepted IMSI offset value" (’471 Patent, Abstract). This language suggests the "sum" is the foundational step, and any subsequent operations like a modulo to fit the result into a valid address space do not negate that the determination is "based on" the sum.
  • Evidence for a Narrower Interpretation: The claim explicitly uses the word "sum." A defendant may argue that a formula involving a modulo operation is mathematically distinct from a simple sum. If the specification consistently describes the invention only in the context of the full (value + offset) mod space formula, it could support an interpretation that limits the claim to that specific calculation.

VI. Other Allegations

Indirect Infringement

The complaint does not plead separate counts for indirect infringement. However, the allegations of pre-suit notice and continued infringement after notice (Compl. ¶¶ 23-25, 35) provide a factual basis that could be used to support future claims of induced or contributory infringement.

Willful Infringement

Willfulness is alleged for all seven asserted patents (Compl. ¶¶ 35, 45, 56, 65, 77, 88, 101). The allegations are primarily based on pre-suit knowledge from notice letters dated April 11, 2023, and February 10, 2025. The complaint further alleges that AT&T downloaded detailed claim charts on two separate occasions prior to the lawsuit, suggesting deliberate and ongoing infringement despite knowledge of Plaintiff's patent rights (Compl. ¶¶ 24-25).

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

• A central evidentiary question will be one of implementation versus standardization: For each patent, does the complaint provide sufficient factual basis to plausibly allege that AT&T’s commercial network equipment actually implements the specific, and in some cases optional, 3GPP features that correspond to the claimed inventions?
• A core issue for the ’471 patent will be one of definitional scope: Can the claim term "determined based on a sum," rooted in the patent's abstract, be construed to cover the multi-step (value + offset) mod space formula described in the accused 3GPP standard, or does the inclusion of the modulo operation place the accused functionality outside the claim's scope?
• A key question for the ’009 patent will be one of functional scope: Does a base station’s general use of power headroom data to inform its scheduling algorithm constitute "transmitting... commands employing" the power report, or does the claim require a more direct, mechanistic link between the received report and the transmitted commands?