Active Wireless Tech LLC v. T-Mobile USA Inc

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Active Wireless Technologies LLC (Texas)
  • Defendant: T-Mobile USA, Inc. (Washington) and T-Mobile US, Inc. (Delaware)
  • Plaintiff’s Counsel: Fabricant LLP
• Case Identification: 2:25-cv-01168, E.D. Tex., 12/22/2025
• Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Texas because T-Mobile is registered to do business in the state, has transacted business within the district, and maintains regular and established places of business, including corporate offices, a network operations center, and numerous retail stores, within the judicial district.
• Core Dispute: Plaintiff alleges that Defendant’s 4G and 5G-compliant mobile devices and network infrastructure infringe six patents related to various wireless communication technologies, including uplink power control, bandwidth part management, and control channel signaling procedures.
• Technical Context: The dispute centers on foundational technologies defined within the 3GPP technical standards for 4G (LTE) and 5G (NR) wireless networks, which govern the operation of modern mobile telecommunications systems.
• Key Procedural History: The complaint asserts that Defendant had pre-suit notice of all six Patents-in-Suit through a prior litigation between the parties, Active Wireless Technologies, LLC v. T-Mobile US, Inc. et al., filed on May 31, 2023, as well as through a letter dated April 11, 2025. These allegations form the basis for the plaintiff's claim of willful infringement.

Case Timeline

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

The Invention Explained

• Problem Addressed: The patent addresses the technical challenge of accurately determining the transmit power for the Physical Uplink Shared Channel (PUSCH) in wireless communications (Compl. ¶15). This is particularly complex in environments like Licensed Assisted Access (LAA), where transmissions may not align with standard slot boundaries due to "Listen-Before-Talk" channel access procedures (Compl. ¶35).
• The Patented Solution: The invention provides a method for a terminal apparatus to determine PUSCH transmit power based on a calculated number of Single Carrier-Frequency Division Multiple Access (SC-FDMA) symbols. This calculation incorporates a specific variable ("NLBT") that accounts for scenarios where the signal generation for one symbol is based on the content of a subsequent symbol, a condition alleged to occur in LAA operations when a transmission does not start at the beginning of a symbol (Compl. ¶¶ 30, 35-36).
• Technical Importance: The described method allows for more precise power control for uplink data transmissions in opportunistic spectrum access technologies like LAA, promoting efficient power usage and reliable communication when transmission start times are irregular (Compl. ¶35).

Key Claims at a Glance

• The complaint asserts independent claim 1 (Compl. ¶30).
• Essential elements of claim 1 include:
  • A terminal apparatus with transmission circuitry for transmitting a transport block on a PUSCH.
  • Physical layer processing circuitry for determining PUSCH transmit power based on a number of SC-FDMA symbols for an initial transmission.
  • Wherein the number of SC-FDMA symbols is given based on a variable "NLBT" and the total number of SC-FDMA symbols in an uplink slot.
  • And wherein "NLBT" is 1 when a signal of a SC-FDMA symbol with index "l" is generated based on the content for a SC-FDMA symbol with index "l+1".
• The complaint does not explicitly reserve the right to assert dependent claims for this patent.

U.S. Patent No. 10,855,432 - “User Equipments, Base Stations and Methods,” issued December 1, 2020

The Invention Explained

• Problem Addressed: The patent relates to signaling and procedures for communications involving one or more downlink bandwidth parts (DL BWPs) (Compl. ¶16). In 5G systems, a user device (UE) may operate within a smaller BWP instead of the full carrier bandwidth. This creates a technical problem regarding the state of communication configurations, such as those for semi-persistent Channel State Information (CSI) reporting, when the BWP they are associated with is deactivated (Compl. ¶49).
• The Patented Solution: The invention specifies a rule for managing these configurations. A UE receives activation and deactivation commands for semi-persistent CSI resource configurations that are associated with a specific DL BWP. The claimed solution is that the UE's processing circuitry is configured to "consider" the resource configuration to be "suspended" if the associated DL BWP is deactivated (Compl. ¶¶ 44, 49).
• Technical Importance: This suspension mechanism provides an efficient method for managing UE configurations in a multi-BWP environment, avoiding the need to completely re-establish settings each time a BWP is reactivated and thereby saving signaling overhead and device power (Compl. ¶49).

Key Claims at a Glance

• The complaint asserts independent claim 1 (Compl. ¶44).
• Essential elements of claim 1 include:
  • A user equipment that communicates on one or more DL BWPs.
  • Receiving circuitry configured to receive an activation command for a semi-persistent CSI-RS and/or CSI-IM resource configuration associated with a DL BWP.
  • The receiving circuitry also configured to receive a deactivation command for that resource configuration.
  • Processing circuitry configured to consider the resource configuration "suspended" when the associated DL BWP is deactivated.
• The complaint does not explicitly reserve the right to assert dependent claims for this patent.

Multi-Patent Capsule: U.S. Patent No. 10,531,443

• Patent Identification: U.S. Patent No. 10,531,443, “Physical Uplink Control Channel (PUCCH) Format Adaptation for 5th Generation (5G) New Radio (NR),” issued January 7, 2020 (Compl. ¶10).
• Technology Synopsis: The patent addresses PUCCH format adaptation based on Code Block Groups (CBGs), which are subdivisions of a data transport block (Compl. ¶17; ’443 Patent, col. 1:49-51). The invention specifies different Hybrid-ARQ Acknowledgement (HARQ-ACK) feedback granularities depending on the scheduling context: for data scheduled in a common search space (CSS), the device reports a single HARQ-ACK bit for the entire transport block, whereas for data scheduled in a UE-specific search space (USS), it reports more granular HARQ-ACK bits for all CBGs (Compl. ¶57; ’443 Patent, col. 2:62-67).
• Asserted Claims: Claim 1 (Compl. ¶57).
• Accused Features: The functionality of the Accused Products to adapt HARQ-ACK reporting based on whether the corresponding downlink data was scheduled in a CSS versus a USS, as allegedly required by 3GPP standards (Compl. ¶¶ 60-61).

Multi-Patent Capsule: U.S. Patent No. 11,019,557

• Patent Identification: U.S. Patent No. 11,019,557, “Apparatus and Method for Acquisition of Periodically Broadcasted System Information in Wireless Communication,” issued May 25, 2021 (Compl. ¶11).
• Technology Synopsis: The patent addresses methods for acquiring system information (SI) in wireless communications (Compl. ¶18). The invention describes a UE that receives a first type of System Information Block (SIB1) which includes scheduling information for other SI messages. The core of the invention is a failure recovery mechanism: if the UE fails in its attempt to acquire an SI message, it initiates a process to re-acquire the first type SIB (SIB1) (Compl. ¶69).
• Asserted Claims: Claim 1 (Compl. ¶69).
• Accused Features: The alleged operation of the Accused Products, pursuant to 3GPP standards, to re-initiate the acquisition of SIB1 upon failure to acquire other necessary system information messages (Compl. ¶¶ 71, 75).

Multi-Patent Capsule: U.S. Patent No. 10,785,764

• Patent Identification: U.S. Patent No. 10,785,764, “Information Change Transmission Method and Device for Single-Cell Multicast Service,” issued September 22, 2020 (Compl. ¶12).
• Technology Synopsis: The patent relates to an information change transmission method for single-cell multicast services, particularly in Narrowband-IoT (NB-IoT) systems (Compl. ¶¶ 19, 84). The invention describes a two-step process where a UE receives a notification of a change to the Single-Cell Multicast Control Channel (SC-MCCH) via a second Downlink Control Information (DCI) format, and then acquires the new SC-MCCH information based on a first DCI format (Compl. ¶83).
• Asserted Claims: Claim 1 (Compl. ¶83).
• Accused Features: The functionality of Accused Products implementing NB-IoT to use a second DCI format (e.g., DCI Format N2) to signal a change notification for SC-MCCH and a first DCI format (e.g., DCI Format N1) to schedule the acquisition of the updated SC-MCCH information (Compl. ¶¶ 85-88).

Multi-Patent Capsule: U.S. Patent No. 10,601,566

• Patent Identification: U.S. Patent No. 10,601,566, “Multiple Slot Long Physical Uplink Control Channel (PUCCH) Design for 5th Generation (5G) New Radio (NR),” issued March 24, 2020 (Compl. ¶13).
• Technology Synopsis: The patent addresses the design of a PUCCH that spans multiple slots (Compl. ¶20; ’566 Patent, Abstract). The invention specifies that for such a multi-slot transmission, the number of symbols and the location of those symbols for the PUCCH are the same in each of the multiple slots, and describes methods for frequency hopping across these slots (Compl. ¶96).
• Asserted Claims: Claim 1 (Compl. ¶96).
• Accused Features: The operation of the Accused Products in 5G mode to configure and transmit Uplink Control Information (UCI) over a PUCCH that spans multiple slots with a consistent symbol structure and frequency hopping method in each slot, as defined by 3GPP standards (Compl. ¶¶ 98-100).

III. The Accused Instrumentality

• Product Identification: The accused instrumentalities are T-Mobile’s 4G LTE and 5G NR wireless communication networks and the 3GPP-compliant devices that operate on them, including phones, tablets, smartwatches, and hotspots (Compl. ¶¶ 7, 21-23). The complaint specifically identifies products such as the REVVL 7 5G phone, REVVL Tab 5G tablet, and SyncUP KIDS Watch 2 (Compl. ¶24).
• Functionality and Market Context: The Accused Products collectively provide and utilize nationwide 4G and 5G mobile data services (Compl. ¶23). The complaint alleges these products implement specific functionalities required by 3GPP standards that correspond to the patented inventions, including power control for PUSCH, management of DL BWPs and associated CSI configurations, HARQ-ACK reporting based on scheduling context, SI acquisition failure recovery, SC-MCCH change notifications in NB-IoT, and multi-slot PUCCH transmissions (Compl. ¶¶ 24, 30, 44, 57, 69, 83, 96). The complaint provides a map of T-Mobile's 5G coverage to illustrate the nationwide scope of the accused network services (Compl. p. 10).

IV. Analysis of Infringement Allegations

U.S. Patent No. 10,805,955 Infringement Allegations

• Identified Points of Contention:
  • Scope Questions: A central question may be whether the term "NLBT" as defined in the patent is definitionally equivalent to the "NPUSCH-initial start" parameter used in the 3GPP standards cited by the complaint (Compl. ¶¶ 35, 19). The infringement theory appears to depend on this direct equivalence.
  • Technical Questions: The infringement allegation hinges on the claim that in LAA mode, the signal generation for one symbol is "based on a content" of the next. A factual dispute may arise over whether the accused devices' baseband signal generation process meets this specific technical requirement, which may require evidence beyond what is explicitly stated in the 3GPP standards.

U.S. Patent No. 10,855,432 Infringement Allegations

• Identified Points of Contention:
  • Scope Questions: The case may turn on the construction of the term "suspended." A question for the court will be whether the state of a CSI configuration in an accused device when its associated BWP is inactive meets the legal and technical definition of being "suspended" as required by the claim.
  • Technical Questions: A factual question may be whether the accused devices' software and hardware implementation of the 3GPP standard results in a technical state that is functionally identical to the "suspended" state described in the patent, or if there is a material operational difference.

V. Key Claim Terms for Construction

Patent: U.S. Patent No. 10,805,955

• The Term: "a signal of a SC-FDMA symbol with index "l" is generated, based on a content for resource elements, corresponding to a SC-FDMA symbol with index "l+1""
• Context and Importance: This phrase defines the specific technical condition under which the "NLBT" variable equals 1, which is the core of the infringement allegation for LAA scenarios. The construction of this phrase will be critical to determining whether the accused products' operation in LAA mode meets this limitation.
• Intrinsic Evidence for Interpretation: The complaint does not provide sufficient detail from the patent specification for analysis of this term.

Patent: U.S. Patent No. 10,855,432

• The Term: "suspended"
• Context and Importance: The infringement allegation for the final limitation of claim 1 rests entirely on this term. Practitioners may focus on this term because the plaintiff's case relies on equating the 3GPP standard's description of an inactive configuration with the claim's specific requirement that the configuration is "suspended." The outcome of the case may depend on whether this equivalence holds during claim construction.
• Intrinsic Evidence for Interpretation: The complaint does not provide sufficient detail from the patent specification for analysis of this term.

VI. Other Allegations

• Indirect Infringement: The complaint alleges both induced and contributory infringement for all six patents. Inducement is based on T-Mobile allegedly manufacturing, selling, and providing instructions (e.g., product manuals, marketing) that encourage customers to use the Accused Products in an infringing manner (e.g., Compl. ¶¶ 37, 50). Contributory infringement is alleged on the basis that the accused components are material to the inventions, are not staple articles of commerce, have no substantial non-infringing uses, and are known by T-Mobile to be specially adapted for infringement (e.g., Compl. ¶¶ 38, 51).
• Willful Infringement: Willfulness is alleged for all six patents based on T-Mobile’s alleged actual notice. The complaint cites a prior lawsuit filed on May 31, 2023, and an April 11, 2025 letter as events that provided T-Mobile with knowledge of the patents-in-suit prior to the filing of the current complaint (e.g., Compl. ¶¶ 25, 39, 52).

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

• A central issue will be one of standards equivalence: does an accused product's compliance with a 3GPP technical standard, as alleged throughout the complaint, constitute a per se infringement of the asserted patent claims, or will the plaintiff be required to present specific evidence of the products' internal hardware and software operations that goes beyond mere standards-compliance?
• A key question for the '432 patent will be one of definitional scope: can the term "suspended," as used in the patent's claim, be construed to cover the state of a CSI resource configuration when its associated Downlink Bandwidth Part is inactive, as described in the 3GPP standard?
• A primary evidentiary question for the willfulness allegations will be one of knowledge and intent: did T-Mobile's alleged continued sales of the Accused Products after receiving notice via a prior lawsuit and a formal letter constitute objective recklessness sufficient to support a finding of willful infringement and potential for enhanced damages?