DCT

2:25-cv-01036

Peninsula Tech LLC v. Cellco Partnership

Log In
Key Events
Complaint

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:25-cv-01036, 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 and 5G cellular networks infringe seven patents related to fundamental aspects of wireless communication technology, including power control, paging, and uplink scheduling procedures.
  • Technical Context: The patents relate to standardized technologies for managing device power, connectivity, and data transmission in modern 4G/LTE and 5G cellular networks, which are critical for network efficiency and device performance.
  • Key Procedural History: The complaint alleges that Plaintiff's predecessor-in-interest first notified Defendant of U.S. Patent No. 9,844,009 in an April 2023 letter. Subsequently, Plaintiff alleges it notified Defendant of all asserted patents and their infringement, providing detailed claim charts for each via a private data room, which Defendant allegedly accessed in February and April of 2025, prior to the filing of the complaint.

Case Timeline

Date Event
2015-06-20 U.S. Patent No. 12,207,201 Priority Date
2016-05-09 U.S. Patent No. 11,917,549 Priority Date
2016-05-09 U.S. Patent No. 12,004,087 Priority Date
2016-09-26 U.S. Patent No. 11,910,404 Priority Date
2017-03-27 U.S. Patent No. 9,844,009 Priority Date
2017-12-12 U.S. Patent No. 9,844,009 Issues
2018-06-21 U.S. Patent No. 12,120,775 Priority Date
2019-04-12 U.S. Patent No. 11,889,471 Priority Date
2023-04-11 Plaintiff's predecessor notifies Defendant of the ’009 Patent
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
2025-02-08 Plaintiff notifies Defendant of Asserted Patents
2025-02-26 Defendant allegedly downloads claim charts from data room
2025-04-30 Defendant allegedly downloads claim charts from data room
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”

The Invention Explained

  • Problem Addressed: In wireless networks using carrier aggregation (combining multiple frequency bands), a mobile device must report its available transmission power ("power headroom") to the network's base station. As the number of aggregated secondary cells increases, the format for this report must be efficient to avoid excessive signaling overhead.
  • The Patented Solution: The invention proposes a method for a base station to receive a power headroom report (PHR) message from a wireless device. This message contains a "presence field" that efficiently indicates for which secondary cells a power report is included. The size of this field adapts based on the number of configured cells: a single octet is used when there are seven or fewer secondary cells, and four octets are used when there are more than seven. This adaptive structure allows for compact reporting in common scenarios while accommodating more complex configurations. (Compl. ¶ 31).
  • Technical Importance: This adaptive reporting mechanism aims to optimize the use of control channel resources, which is critical for maintaining overall network capacity and efficiency, particularly in advanced 4G and 5G networks that rely heavily on carrier aggregation.

Key Claims at a Glance

  • The complaint asserts independent claim 1 (Compl. ¶ 29).
  • Essential elements of claim 1 include:
    • A base station comprising one or more processors and memory storing instructions.
    • Transmitting at least one message comprising configuration parameters of one or more secondary cells.
    • Receiving a power headroom report media access control control element (PHR MAC CE) comprising a presence field with a plurality of presence bits.
    • The presence field is a fixed size of one octet when up to seven secondary cells are configured, each with a cell index between one and seven.
    • The presence field is a fixed size of four octets when more than seven secondary cells with configured uplinks are configured.
    • Transmitting one or more control commands employing at least the PHR MAC CE.
  • The complaint reserves the right to assert additional claims (Compl. ¶ 29, n.1).

U.S. Patent No. 11,889,471 - “Paging time adjustment in a wireless network”

The Invention Explained

  • Problem Addressed: Wireless devices with multiple SIM cards (e.g., dual-SIM phones) must monitor paging signals from different public land mobile networks (PLMNs). If the paging occasions for these networks coincide or are too close in time, the device may miss a page on one network while listening to the other, a situation known as "paging collision." (’471 Patent, col. 2:25-30). This can also lead to inefficient power consumption if the device must wake up at separate, distinct times for each network.
  • The Patented Solution: The invention provides a method where a wireless device can request an "IMSI offset value" from a core network node. The network then transmits an "accepted IMSI offset value" back to the device. The network uses this accepted offset to calculate an "alternative IMSI" by adding the offset to the device's original International Mobile Subscriber Identity (IMSI). This alternative IMSI is then used to derive the paging occasions, effectively shifting the timing to avoid collisions with another network's paging schedule or to align wake-up times for better power efficiency. (’471 Patent, Abstract; col. 51:1-12).
  • Technical Importance: This technique allows a multi-SIM device to proactively manage its paging schedule across different networks, improving the reliability of receiving pages and enhancing battery life by consolidating wake-up periods.

Key Claims at a Glance

  • The complaint asserts independent claim 1 (Compl. ¶ 39).
  • Essential elements of claim 1 include:
    • A method performed by a core network node of a first PLMN.
    • Receiving, from a wireless device, a requested international mobile subscriber identity (IMSI) offset value for offsetting an IMSI of the wireless device.
    • Transmitting, from the core network node to the wireless device, an accepted IMSI offset value for offsetting the IMSI.
    • 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 complaint reserves the right to assert additional claims (Compl. ¶ 39, n.1).

U.S. Patent No. 11,910,404 - “Physical uplink shared channel processing period”

  • Technology Synopsis: This patent addresses the timing of uplink data transmissions. The invention involves a base station receiving a capability message from a wireless device indicating the device's processing time for the Physical Uplink Shared Channel (PUSCH). The base station then transmits a downlink control information (DCI) message that schedules a resource assignment, ensuring the scheduled time is equal to or greater than the device's required processing period, allowing the device sufficient time to prepare and transmit its data block. (Compl. ¶¶ 50-52).
  • Asserted Claims: Independent claim 11 is asserted (Compl. ¶ 49).
  • Accused Features: Verizon's 5G network base stations (gNBs) are accused of infringing by receiving UE capability messages regarding PUSCH processing and scheduling PUSCH transmissions according to 3GPP standards that allegedly practice the claimed method (Compl. ¶¶ 50-53).

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

  • Technology Synopsis: This patent relates to power control in devices using dual connectivity with multiple cell groups (e.g., in different frequency bands). The base station transmits messages defining maximum total transmit power for a first group of cells and a second group of cells. When a wireless device's total required power for signals in a group exceeds that group's maximum, the device scales down the transmission power of those signals to comply with the limit, which the base station then receives. (Compl. ¶¶ 61-62).
  • Asserted Claims: Independent claim 16 is asserted (Compl. ¶ 60).
  • Accused Features: Verizon's 5G network base stations (gNBs) in a New Radio-Dual Connectivity (NR-DC) environment are accused of sending RRCReconfiguration messages with power parameters (p-NR-FR1, p-NR-FR2) and receiving uplink signals from UEs that have scaled their power according to 3GPP standards (Compl. ¶¶ 61-62).

U.S. Patent No. 12,004,087 - “Prioritizing uplink signals of a radio access technology”

  • Technology Synopsis: The technology concerns power management in dual connectivity environments with different radio access technologies (e.g., 4G and 5G). A base station transmits maximum power limits for a first cell group (e.g., 5G) and a second cell group (e.g., 4G). When a device's total required transmission power across both groups exceeds its overall maximum, it drops the uplink signals for the lower-priority technology (allegedly 5G in the EN-DC context) and transmits signals for the higher-priority technology, which the base station then receives. (Compl. ¶¶ 70-74).
  • Asserted Claims: Independent claim 1 is asserted (Compl. ¶ 69).
  • Accused Features: Verizon's network is accused of performing this method in an E-UTRA NR dual connectivity (EN-DC) environment, where UEs prioritize 4G (E-UTRA) transmissions over 5G (NR) transmissions when total power exceeds the device's maximum (Compl. ¶¶ 70-74).

U.S. Patent No. 12,120,775 - “Multi access packet/protocol data unit session”

  • Technology Synopsis: This patent describes a method for managing a multi-access packet data unit (MA PDU) session, which allows a device to connect via multiple access types (e.g., 3GPP and non-3GPP like Wi-Fi). A Session Management Function (SMF) receives a data notification from a User Plane Function (UPF) for an MA PDU session. In response, the SMF sends a request to an Access and Mobility Management Function (AMF) to activate user plane resources, specifying which access network type to use. (Compl. ¶¶ 82-85).
  • Asserted Claims: Independent claim 1 is asserted (Compl. ¶ 81).
  • Accused Features: Verizon's 5G core network is accused of implementing this method, specifically the ATSSS (Access Traffic Steering, Switching and Splitting) feature, where the SMF receives data notifications and directs the AMF to activate resources over a specific access type (Compl. ¶¶ 82-85).

U.S. Patent No. 12,207,201 - “Uplink power control in a wireless device”

  • Technology Synopsis: The invention relates to uplink power control in networks with carrier aggregation. A base station transmits configuration parameters to group cells into a primary PUCCH (Physical Uplink Control Channel) group and a secondary PUCCH group. The base station then transmits downlink control information (DCI) containing a PUCCH transmit power control (TPC) command. The wireless device calculates its transmit power using this TPC command and transmits uplink signals, which the base station receives. (Compl. ¶¶ 93-95).
  • Asserted Claims: Independent claim 11 is asserted (Compl. ¶ 92).
  • Accused Features: Verizon's 4G and 5G networks are accused of implementing this method by configuring primary/secondary PUCCH groups and using DCI formats with TPC commands to control UE uplink power, consistent with 3GPP standards (Compl. ¶¶ 93-98).

III. The Accused Instrumentality

Product Identification

  • The accused instrumentalities are Defendant’s 4G/LTE and 5G cellular networks, including the products, services, and methods involved in their operation (Compl. ¶¶ 29, 39). This includes network components such as Next Generation NodeB (gNB) base stations, Evolved NodeB (eNB) base stations, and core network nodes like the Mobility Management Entity (MME) and Session Management Function (SMF) (Compl. ¶¶ 30, 40, 82).

Functionality and Market Context

  • The complaint alleges these networks provide cellular service to over 146 million subscribers across the United States (Compl. ¶ 10). The accused functionality is based on the networks' alleged compliance with 3GPP standards for 4G and 5G communications, including features for carrier aggregation, dual connectivity, power control, and session management (Compl. ¶¶ 12, 29). The complaint highlights specific technical procedures like RRC Reconfiguration messages for configuring device parameters and the use of Downlink Control Information (DCI) for scheduling, which are central to the infringement allegations (Compl. ¶¶ 30, 32). For instance, the complaint provides a diagram illustrating the RRC Reconfiguration message exchange between a User Equipment (UE) and the network, which is used to configure secondary cells (Compl. ¶ 30, Figure 5.3.5.1-1).

IV. Analysis of Infringement Allegations

'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 by the one or more processors, cause the base station to: Defendant’s 5G network includes Next Generation NodeB (gNB) base stations containing processors and memory (Compl. ¶¶ 11-12, 30). ¶30 col. 23:23-30
transmit at least one message comprising configuration parameters of one or more secondary cells. The gNB transmits an RRCReconfiguration message to the user equipment (UE), which contains parameters to configure secondary cells (SCells) and cell groups (Compl. ¶ 30). A diagram illustrates this RRC reconfiguration procedure (Compl. ¶ 30, Figure 5.3.5.1-1). ¶30 col. 23:31-33
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 message from the UE that contains a bitmap indicating the presence of a power headroom report for each serving cell (Compl. ¶ 31). ¶31 col. 23:34-36
wherein: the presence field is of a fixed size of one octet when up to seven secondary cells are configured in the wireless device, each cell in the one or more secondary cells having a cell index with a value between one and seven; and The complaint alleges that according to 3GPP standards, the PHR MAC CE uses a single octet bitmap when the highest serving cell index is less than 8 (i.e., up to seven secondary cells) (Compl. ¶ 31). ¶31 col. 23:37-43
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 that according to 3GPP standards, a four-octet bitmap is used when more than 8 secondary cells are present (Compl. ¶ 31). ¶31 col. 23:44-47
transmit one or more control commands employing at least the PHR MAC CE. The gNB uses the received PHR MAC CE for "power-aware packet scheduling" and transmits Downlink Control Information (DCI) commands to the UE to control its transmission power (Compl. ¶ 32). ¶32 col. 23:48-49
  • Identified Points of Contention:
    • Scope Questions: A potential issue may be whether the term "employing at least the PHR MAC CE" requires direct use of the PHR data in the transmitted command itself, or if it is satisfied by the base station using the PHR data more generally to inform its "power-aware packet scheduling" decisions, which then result in separate DCI commands.
    • Technical Questions: The infringement theory relies on the accused network operating according to 3GPP standards. The analysis will depend on factual evidence confirming that Verizon's gNBs implement the specific versions of the standards cited and that their operation maps directly onto the claim limitations without deviation.

'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. The Mobility Management Entity (MME) in Defendant's 4G/LTE core network receives an Attach Request or Tracking Area Update Request from a wireless device (UE), which may contain a "Requested IMSI Offset value" used for determining paging occasions (Compl. ¶ 40). ¶40 col. 51:1-6
transmitting, from the core network node to the wireless device, an accepted IMSI offset value for offsetting the IMSI of the wireless device. Upon receiving the request, a supporting MME provides an "Accepted IMSI Offset value" back to the UE in an Attach Accept or Tracking Area Update Accept message (Compl. ¶ 41). ¶41 col. 51:7-9
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 complaint cites a 3GPP standard stating the MME and UE use the "Accepted IMSI Offset" to calculate an "alternative IMSI value." This alternative IMSI is defined as being based on the sum of the UE's IMSI (specifically, the MSIN portion) and the accepted offset. The MME then uses this value to compute an index for deriving the paging occasions (Compl. ¶ 42). ¶42 col. 51:10-15
  • Identified Points of Contention:
    • Scope Questions: The case may turn on the construction of "derived using." The complaint alleges a multi-step process where the alternative IMSI is used to compute a "UE Identity Index Value," which is then sent to the Radio Access Network (RAN) to "derive the paging occasions." A question will be whether this indirect derivation satisfies the claim language, or if the claim requires the paging occasion to be calculated directly from the alternative IMSI at the core network node.
    • Technical Questions: The infringement allegation is based on the operation of a "supporting MME" (Compl. ¶ 40). Factual discovery will be needed to determine which specific MMEs in Verizon's network support this feature and under what conditions it is activated.

V. Key Claim Terms for Construction

'009 Patent

  • The Term: "employing at least the PHR MAC CE"
  • Context and Importance: This term is central to the final step of the claim and defines the causal link between receiving the power report and the base station's subsequent actions. The scope of "employing" will determine what kind of use of the PHR data constitutes infringement. Practitioners may focus on this term because the complaint alleges a general use for "power-aware packet scheduling" rather than showing the PHR data is directly incorporated into the subsequent DCI commands.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The patent specification does not appear to strictly define "employing," which may support an argument that any use of the PHR information to inform scheduling decisions, which in turn leads to transmitting control commands, falls within the plain and ordinary meaning of the term.
    • Evidence for a Narrower Interpretation: The claim structure links the receipt of the PHR MAC CE to the transmission of control commands. A defendant may argue that this implies a more direct functional relationship, where the control command's content is directly modified by or calculated from the specific data in the PHR MAC CE, rather than being merely an output of a general scheduling algorithm that takes the PHR as one of many inputs.

'471 Patent

  • The Term: "derived using an alternative IMSI"
  • Context and Importance: This term is critical because it links the novel "alternative IMSI" to the ultimate outcome of determining paging occasions. The infringement analysis hinges on whether the multi-step process described in the 3GPP standards, where the alternative IMSI is used to create an intermediate value, falls within the scope of "derived using."
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The patent uses the phrase "derived using," which does not explicitly require direct calculation. Plaintiff may argue that as long as the alternative IMSI is a necessary input in the chain of calculations that ultimately determines the paging occasion, the occasion is "derived using" it. The specification describes the alternative IMSI as being used for the "determination of paging occasions" generally (’471 Patent, col. 43:21-23).
    • Evidence for a Narrower Interpretation: A defendant might argue that the claim requires a more direct computational link. The specification states, "First paging occasions of the first PLMN are derived using an alternative IMSI" (’471 Patent, col. 51:10-12). If the core network node only uses the alternative IMSI to create an index, and the actual paging occasion is derived by a different network element (the RAN) using only that index, it raises the question of whether the core network node itself performs the "derivation" of the paging occasion as required by the method claim.

VI. Other Allegations

  • Indirect Infringement: The complaint does not contain specific counts for indirect infringement, but the factual allegations could potentially support such claims. The allegations that Verizon operates its network according to 3GPP standards, and provides network access and phones to customers, could form the basis for an argument that Verizon induces its customers (UE users) or equipment suppliers to infringe method or apparatus claims.
  • Willful Infringement: Willfulness is alleged for all asserted patents. The basis for this allegation is pre-suit knowledge derived from a letter dated April 11, 2023 regarding the '009 Patent and a subsequent letter dated February 8, 2025, which provided notice and claim charts for all asserted patents. The complaint further alleges that Verizon downloaded these claim charts from a data room on two separate occasions prior to the lawsuit, thereby demonstrating knowledge of the patents and the infringement allegations. (Compl. ¶¶ 23-25, 35, 45, 56, 65, 77, 88, 101).

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

  • A central issue will be one of standard-essentiality: do the asserted claims, as construed, read on mandatory implementations of the 3GPP standards for 4G and 5G networks? The complaint's heavy reliance on 3GPP technical specifications to evidence infringement suggests the case may involve questions of whether the patents cover industry standards, which could have implications for damages and potential defenses.
  • A key question of claim scope will be whether the specific, multi-step processes described in the 3GPP standards meet the functional language of the claims. For example, with respect to the '471 Patent, does deriving a "UE Identity Index Value" from the "alternative IMSI" and then using that index to determine paging occasions satisfy the limitation that "paging occasions... are derived using an alternative IMSI"?
  • An evidentiary question will be one of factual implementation: beyond alleging compliance with standards, Plaintiff will need to provide evidence that Defendant's live, commercial 4G and 5G network equipment and core network software actually practice each step of the asserted claims as alleged in the complaint.