DCT

2:25-cv-01172

Active Wireless Tech LLC v. DISH Network Corp

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Key Events
Complaint

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:25-cv-01172, E.D. Tex., 11/26/2025
  • Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Texas because Defendant DISH maintains regular and established places of business in the district, advertises its wireless network coverage in the district, and conducts substantial business by selling the accused products to consumers there.
  • Core Dispute: Plaintiff alleges that Defendant’s 3GPP-compliant mobile phones and tablets infringe six patents related to various aspects of 4G LTE and 5G NR wireless communication technology.
  • Technical Context: The patents-in-suit address specific methods for managing power control, channel state reporting, control channel signaling, and system information acquisition in modern cellular networks.
  • Key Procedural History: Plaintiff alleges to have provided Defendant with actual notice of infringement via a letter dated April 11, 2025, to which Defendant allegedly did not respond.

Case Timeline

Date Event
2016-08-09 Earliest Priority Date for ’955 Patent
2016-08-11 Earliest Priority Date for ’764 Patent
2017-06-15 Earliest Priority Date for ’443 Patent
2017-08-10 Earliest Priority Date for ’566 Patent
2018-01-11 Earliest Priority Date for ’432 Patent
2018-05-10 Earliest Priority Date for ’557 Patent
2020-01-07 ’443 Patent Issued
2020-03-24 ’566 Patent Issued
2020-09-22 ’764 Patent Issued
2020-10-13 ’955 Patent Issued
2020-12-01 ’432 Patent Issued
2021-05-25 ’557 Patent Issued
2025-04-11 Plaintiff sends notice letter to Defendant
2025-11-26 Complaint Filed

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: The patent addresses the need to determine the correct transmit power for a Physical Uplink Shared Channel (PUSCH) transmission, particularly in contexts where the transmission may not use all available symbols in an uplink slot (e.g., in Licensed Assisted Access (LAA) operations where a device must first listen for a clear channel) (Compl. ¶37; ’955 Patent, col. 1:47-64).
  • The Patented Solution: The invention provides a method for a terminal apparatus to calculate transmit power based on a specific number of Single Carrier-Frequency Division Multiple Access (SC-FDMA) symbols used for an initial transmission. This number of symbols is determined based on a variable, "NLBT", and the total number of SC-FDMA symbols in an uplink slot. The "NLBT" value is defined as 1 in the case that a signal for a specific symbol is generated based on the content of a subsequent symbol, a condition linked to transmissions that do not start at the beginning of a slot (’955 Patent, Abstract; col. 15:10-25).
  • Technical Importance: This approach provides a mechanism for adjusting uplink power control calculations to account for variable start times in PUSCH transmissions, which is a key requirement for efficient and compliant operation in unlicensed or shared spectrum environments like LAA (’955 Patent, col. 1:35-44).

Key Claims at a Glance

  • The complaint asserts independent claim 1 (Compl. ¶33).
  • The essential elements of claim 1 include:
    • A terminal apparatus comprising transmission circuitry and physical layer processing circuitry.
    • The transmission circuitry is configured to transmit a transport block on a PUSCH.
    • The physical layer processing circuitry is configured to determine transmit power for the PUSCH based on a number of SC-FDMA symbols for an initial transmission.
    • This number of symbols is given based on "NLBT" and a number of SC-FDMA symbols in an uplink slot.
    • "NLBT" is 1 in a case that 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.

U.S. Patent No. 10,855,432 - "User Equipments, Base Stations and Methods"

Issued December 1, 2020 (’432 Patent)

The Invention Explained

  • Problem Addressed: In 5G New Radio (NR) systems, a user device (UE) can be configured to operate on multiple downlink bandwidth parts (DL BWPs) within a serving cell. The problem is how to efficiently manage measurement and reporting of Channel State Information (CSI) when some of these BWPs may be deactivated to save power or resources (’432 Patent, col. 1:15-2:18).
  • The Patented Solution: The invention describes a user equipment that receives activation and deactivation commands for semi-persistent CSI reference signal (CSI-RS) and CSI-interference measurement (CSI-IM) resource configurations. The core of the solution is that the UE is configured to "consider" that these semi-persistent CSI resource configurations are "suspended" in a case that the associated DL BWP is deactivated (’432 Patent, Abstract; col. 2:54-62). This prevents the UE from performing unnecessary measurements or reporting for an inactive bandwidth part.
  • Technical Importance: This method enhances power efficiency and reduces unnecessary signaling overhead in UEs that support multi-BWP operation, a foundational feature of 5G NR for providing flexible bandwidth allocation (’432 Patent, col. 2:19-27).

Key Claims at a Glance

  • The complaint asserts independent claim 1 (Compl. ¶46).
  • The essential elements of claim 1 include:
    • A user equipment that communicates with a base station on one or more DL BWPs.
    • Receiving circuitry configured to receive an activation command for a semi-persistent CSI-RS and CSI-IM resource configuration, which is associated with a DL BWP.
    • The receiving circuitry is also configured to receive a deactivation command for that same resource configuration.
    • Processing circuitry configured to consider that the semi-persistent CSI-RS and CSI-IM resource configuration is suspended in a case that the associated DL BWP is deactivated.

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 (’443 Patent) (Compl. ¶15)

  • Technology Synopsis: The patent relates to adapting the format of Hybrid-ARQ Acknowledgement (HARQ-ACK) feedback based on where the corresponding downlink data was scheduled. It specifies different reporting schemes for data scheduled in a common search space (CSS) versus a UE-specific search space (USS) to optimize control channel resources (’443 Patent, col. 21:39-66).
  • Asserted Claims: The complaint asserts independent claim 1 (Compl. ¶58).
  • Accused Features: The complaint alleges that the Accused Products’ receiving and transmitting circuitry implement this adaptive HARQ-ACK reporting scheme as defined by 3GPP standards (Compl. ¶58-61).

U.S. Patent No. 11,019,557 - "Apparatus and Method for Acquisition of Periodically Broadcasted System Information in Wireless Communication"

Issued May 25, 2021 (’557 Patent) (Compl. ¶16)

  • Technology Synopsis: The technology addresses the process for a UE to acquire system information (SI). The invention describes a process where a UE, upon failing to acquire a required System Information Block (SIB) within its scheduled SI window, initiates a re-acquisition process to re-acquire the first-level SIB (SIB1) from the base station (’557 Patent, Abstract).
  • Asserted Claims: The complaint asserts independent claim 1 (Compl. ¶69).
  • Accused Features: The complaint alleges the Accused Products’ receiver and processor circuitry are configured to perform this SI message acquisition and re-acquisition process in accordance with 3GPP standards (Compl. ¶69-74).

U.S. Patent No. 10,785,764 - "Information Change Transmission Method and Device for Single-Cell Multicast Service"

Issued September 22, 2020 (’764 Patent) (Compl. ¶17)

  • Technology Synopsis: This patent concerns the method for notifying a UE about changes to Single-Cell Multicast Control Channel (SC-MCCH) information. The invention involves a UE receiving different Downlink Control Information (DCI) formats on a narrowband control channel and, upon receiving a change notification, acquiring the new SC-MCCH information based on information in a first DCI format (’764 Patent, Abstract).
  • Asserted Claims: The complaint asserts independent claim 1 (Compl. ¶82).
  • Accused Features: The complaint alleges the Accused Products’ receiving and processing circuitry are configured to handle SC-MCCH information changes as specified in relevant 3GPP standards (Compl. ¶82-86).

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 (’566 Patent) (Compl. ¶18)

  • Technology Synopsis: The invention relates to the design of an uplink control channel (PUCCH) that spans multiple slots. It specifies that a UE determines the multi-slot nature from base station signaling, determines a frequency hopping method, and transmits uplink control information (UCI) such that the number and location of PUCCH symbols are the same in each slot (’566 Patent, Abstract).
  • Asserted Claims: The complaint asserts independent claim 1 (Compl. ¶94).
  • Accused Features: The complaint alleges the Accused Products’ processors determine and transmit multi-slot PUCCH with frequency hopping according to 3GPP standards (Compl. ¶94-97).

III. The Accused Instrumentality

Product Identification

The accused instrumentalities are mobile devices, including phones and tablets, sold by Defendant DISH under its Boost Mobile brand. Specific models identified include the Celero5G SC, Celero5G+ 2024, Celero 3 5G, Celero 2 5G, Celero 5G, DISH Celero5G TAB, and Summit 5G (collectively, the "Accused Products") (Compl. ¶26).

Functionality and Market Context

The complaint alleges that the Accused Products are mobile devices that implement 3GPP standards for 4G/LTE and 5G wireless communication (Compl. ¶26, 33). The screenshot from Defendant's website shows these products offered for sale directly to consumers. (Compl. p. 7). The complaint further alleges these products are sold through major online retailers like Amazon and Walmart (Compl. ¶27). A screenshot from Walmart's website shows a "Boost Mobile, Celero 5G" device offered for sale (Compl. p. 8). Venue allegations are supported by a coverage map from the Boost Mobile website, which advertises 4G LTE and 5G wireless coverage in and around Marshall, Texas, within the Eastern District of Texas (Compl. p. 4).

IV. Analysis of Infringement Allegations

’955 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a terminal apparatus comprising: transmission circuitry… and physical layer processing circuitry… Each Accused Product is a terminal apparatus compliant with 3GPP standards. ¶34 col. 15:10-12
the transmission circuitry, configured to… transmit a transport block on a Physical Uplink Channel (PUSCH) The Accused Products are configured to transmit a transport block on a PUSCH, as specified in 3GPP TS 36.212, Table 4.1-1. ¶34 col. 15:13-15
the physical layer processing circuitry configured 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 determine transmit power for the PUSCH based on this number of symbols, as defined in 3GPP TS 36.213, Section 5.1.1.1. ¶35 col. 15:16-22
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 SC-FDMA symbols is given based on these inputs, as derived from formulas in 3GPP TS 36.212, Section 5.2.2.6. ¶36 col. 15:23-26
and the NLBT is 1 in a case that 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 The complaint alleges this condition is met when the Accused Products operate in a Licensed Assisted Access (LAA) cell and perform a Listen-Before-Talk (LBT) procedure, where a variable NPUSCH-initial_start is set to 1 if the PUSCH transmission does not start at the beginning of the first symbol, per 3GPP TS 36.212. ¶37 col. 15:27-32
  • 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 variable from the 3GPP standard, as the complaint alleges (Compl. ¶37). The analysis will likely focus on whether the patent’s specific condition for "NLBT" being 1—"a signal...is generated, based on a content for resource elements corresponding to a...symbol with index l+1"—is functionally and structurally identical to the conditions under which the standard sets NPUSCH-initial_start to 1.
    • Technical Questions: The complaint's theory relies on the Accused Products' compliance with 3GPP standards for LAA. An evidentiary question will be what proof exists that the accused devices actually perform the specific Listen-Before-Talk and delayed PUSCH transmission behaviors that trigger the allegedly infringing power calculation method.

’432 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
A user equipment that communicates with a base station apparatus on one or more downlink bandwidth parts (DL BWPs), in at least one serving cell The Accused Products are UEs compliant with 3GPP standards and are configured for operation in BWPs of a serving cell. ¶47 col. 3:1-4
receiving circuitry, configured to receive 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 of the on one or more DL BWPs The Accused Products receive activation commands for semi-persistent CSI-RS/CSI-IM resource sets via a MAC CE, where the resource configuration is associated with a specific DL BWP, as specified in 3GPP standards. ¶48 col. 3:5-12
the receiving circuitry, configured to receive a deactivation command for the at least one of semi-persistent CSI-RS, and CSI-IM resource configuration The Accused Products receive deactivation commands for these same resource configurations, also via a MAC CE. ¶49 col. 3:13-16
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 When an associated DL BWP is not active, the Accused Products consider the activated semi-persistent CSI-RS/CSI-IM resource set configurations to be suspended, per 3GPP TS 38.214, Section 5.2.1.5.2. ¶50 col. 3:17-21
  • Identified Points of Contention:
    • Technical Questions: The infringement allegation hinges on the UE's internal state management. The key question is what it means for the processing circuitry to "consider" the configuration to be "suspended." The analysis will require evidence of how the Accused Products' software and hardware functionally treat the CSI-RS/CSI-IM configurations when the associated BWP is deactivated (e.g., does the device cease monitoring, stop reporting, flush buffers, etc.) and whether this operation matches the patent's description of being "suspended."
    • Scope Questions: Does the term "deactivated" as used in the 3GPP standards (referring to a DL BWP) have the same scope and trigger the same technical consequence as the term "deactivated" used in the patent claim? The dispute may focus on whether there are any scenarios where a BWP is "deactivated" under the standard but the device does not enter the state of "suspension" as defined by the patent.

V. Key Claim Terms for Construction

For the ’955 Patent

  • The Term: "NLBT"
  • Context and Importance: This term is the central, non-standard element of claim 1. The complaint's entire infringement theory for the '955 Patent rests on equating "NLBT" with the "NPUSCH-initial_start" parameter from the 3GPP TS 36.212 standard (Compl. ¶37). Practitioners may focus on this term because its construction will determine whether compliance with the LAA portion of the 3GPP standard constitutes literal infringement.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The patent specification does not appear to limit "NLBT" to any single technology like LAA, suggesting it could be a general parameter for any scenario where an initial PUSCH symbol is not transmitted. The abstract broadly claims a method to calculate power "at least based on a number of SC-FDMA symbols" where that number is based on "NLBT", without tying "NLBT" to a specific cause (’955 Patent, Abstract).
    • Evidence for a Narrower Interpretation: The detailed description links the scenario where "NLBT" would be 1 to Listen-Before-Talk (LBT) procedures, stating, "it is disclosed that a part of PUSCH (e.g., a head symbol of PUSCH) is not transmitted by LBT" (’955 Patent, col. 1:62-64). This could be used to argue that the term "NLBT" is intended to be construed in the specific context of LBT-related transmission gaps, potentially narrowing its scope to LAA or similar features.

For the ’432 Patent

  • The Term: "suspended"
  • Context and Importance: This term describes the functional state of the CSI-RS/CSI-IM resource configuration when the associated BWP is deactivated. The infringement analysis will turn on whether the operational state of the Accused Products, when a BWP becomes inactive under the 3GPP standard, meets the patent's definition of "suspended". Practitioners may focus on this term because it defines the specific technical consequence of BWP deactivation required for infringement.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The patent does not provide an explicit definition of "suspended" in the specification, which could support an argument that the term should be given its plain and ordinary meaning: temporarily inactive or held in abeyance. The abstract states the processing circuitry is configured to "consider that the... configuration is suspended," which may suggest the key is the UE's internal logical state rather than a specific set of hardware actions (’432 Patent, Abstract).
    • Evidence for a Narrower Interpretation: The patent's flow chart for the UE method simply shows the step "Consider that the semi-persistent CSI-RS and CSI-IM resource(s) configuration is suspended when the associated DL BWP is being deactivated" (’432 Patent, Fig. 14, block 1406). While not providing a technical definition, the context of CSI-RS/IM resources implies that "suspension" would mean, at a minimum, ceasing measurement and reporting activities related to those resources, potentially limiting the term to a more concrete set of technical actions than just a logical flag.

VI. Other Allegations

  • Indirect Infringement: For each of the six asserted patents, the complaint alleges both induced and contributory infringement. The inducement allegations are based on Defendant manufacturing, selling, and providing instructions, product manuals, and technical support that allegedly encourage end-users to operate the Accused Products in an infringing manner (Compl. ¶39, 51, 62, 75, 87, 98). Contributory infringement is alleged on the basis that the accused components are material to the inventions, are not staple articles of commerce, and are known by DISH to be especially adapted for use in an infringing way (Compl. ¶40, 52, 63, 76, 88, 99).
  • Willful Infringement: The complaint alleges that Defendant’s infringement has been willful. This allegation is based on alleged pre-suit knowledge of the patents-in-suit, stemming from a notice letter sent by Plaintiff to Defendant on April 11, 2025, to which Defendant allegedly never responded (Compl. ¶28, 41, 53, 64, 77, 89, 100).

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

  • A core issue will be one of standards interpretation: Does compliance with the cited 3GPP standards for features like LAA power control and 5G BWP management inherently require practicing the specific methods claimed in the patents-in-suit? This will likely involve a close comparison of patent-specific terms, such as "NLBT" in the ’955 Patent, with corresponding concepts and variables in the technical standards.
  • A second central question will be one of functional operation: Beyond mere standards compliance, what is the specific technical implementation within the Accused Products? For claims involving functional language, such as the processing circuitry "considering" a resource to be "suspended" in the ’432 Patent, the case will likely depend on evidence demonstrating how the devices' hardware and software actually operate when a DL BWP is deactivated.
  • A third key issue may revolve around damages and willfulness: Given the allegation that Defendant was notified of the patents over seven months prior to the suit being filed and did not respond, the question of whether any infringement was willful could significantly impact potential damages if liability is found.