DCT

6:21-cv-01217

Atlas Global Tech LLC v. OnePlus Technology Shenzen Co Ltd

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 6:21-cv-01217, W.D. Tex., 07/28/2022
  • Venue Allegations: Plaintiff alleges venue is proper because Defendant is not a resident of the United States and may be sued in any judicial district. The complaint also alleges Defendant has significant ties to and presence in Texas.
  • Core Dispute: Plaintiff alleges that Defendant’s smartphones and other products capable of operating on Wi-Fi 6 networks infringe eight U.S. patents related to the IEEE 802.11ax wireless communication standard.
  • Technical Context: The technology relates to high-efficiency wireless local area networks (WLANs), commonly known as Wi-Fi 6, which is a foundational technology for modern mobile devices designed to improve performance in dense environments.
  • Key Procedural History: The asserted patents were developed by Newracom, Inc., which the complaint identifies as a major contributor to the 802.11ax standard. Newracom submitted a Letter of Assurance to the IEEE concerning its patent claims related to the standard. The patents were assigned to Plaintiff Atlas Global Technologies on February 19, 2021. Plaintiff alleges it notified Defendant of the asserted patents on June 29, 2021, prior to filing the initial complaint on November 22, 2021.

Case Timeline

Date Event
2014-04-04 ’738 Patent Priority Date
2014-09-23 ’259 Patent Priority Date
2014-10-08 ’513 Patent Priority Date
2014-11-03 ’679 Patent Priority Date
2014-11-10 ’442 Patent Priority Date
2015-03-11 Newracom submits Letter of Assurance to IEEE
2015-03-23 ’886 Patent Priority Date
2015-05-10 ’851 Patent Priority Date
2015-10-12 ’919 Patent Priority Date
2017-09-12 ’259 Patent Issued
2017-11-21 ’738 Patent Issued
2017-12-19 ’442 Patent Issued
2018-03-06 ’513 Patent Issued
2018-03-13 ’679 Patent Issued
2018-07-10 ’919 Patent Issued
2018-12-11 ’886 Patent Issued
2020-08-25 ’851 Patent Issued
2021-02-19 Patents-in-Suit assigned to Atlas
2021-06-29 Atlas sends notice letters to OnePlus
2021-11-22 Initial Complaint filed
2022-07-28 First Amended Complaint filed

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

U.S. Patent No. 9,763,259 - "Sounding Method"

  • Patent Identification: U.S. Patent No. 9,763,259, "Sounding Method," issued September 12, 2017 (Compl. ¶48).

The Invention Explained

  • Problem Addressed: The patent addresses the need for an efficient method for a device in a wireless network to provide channel feedback, which is critical for multi-user transmissions where an access point must have accurate channel information for multiple devices simultaneously (’259 Patent, col. 1:24-46; Compl. ¶49).
  • The Patented Solution: The invention provides a "sounding method" where a receiving device, after being prompted by an access point via specific announcement (NDPA) and data packet (NDP) frames, transmits a feedback frame containing measured subchannel information. This transmission occurs simultaneously with feedback transmissions from other devices on their own allocated subchannels, allowing for parallel and efficient collection of channel state data (’259 Patent, col. 5:1-15, Abstract; Compl. ¶49).
  • Technical Importance: This method of simultaneous, coordinated feedback reporting increases the spectral and temporal efficiency of multi-user wireless systems, a key objective for standards like 802.11ax designed to operate in high-density environments (Compl. ¶31, ¶49).

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 (Compl. ¶51, ¶55).
  • Claim 1 of the ’259 Patent recites the essential elements of a method performed by a first receiving device:
    • Receiving a null data packet announcement (NDPA) frame from a transmitting device.
    • Receiving a null data packet (NDP) frame from the transmitting device.
    • Transmitting a feedback frame to the transmitting device on a first subchannel that is allocated to the first receiving device.
    • The transmission occurs while a second receiving device simultaneously transmits a second feedback frame containing information measured on a second subchannel.

U.S. Patent No. 9,825,738 - "Acknowledgement Method and Multi User Transmission Method"

  • Patent Identification: U.S. Patent No. 9,825,738, "Acknowledgement Method and Multi User Transmission Method," issued November 21, 2017 (Compl. ¶59).

The Invention Explained

  • Problem Addressed: The patent is directed to improvements in triggering and synchronizing simultaneous uplink transmissions from multiple devices in a wireless network, a foundational concept for the 802.11ax standard (Compl. ¶60).
  • The Patented Solution: The invention describes a method where a station device receives a downlink multi-user frame that contains specific "uplink setup information." This information includes a "common" portion applicable to all responding stations and a "dedicated" portion for each specific station. Based on this information, the station transmits an uplink frame simultaneously with other stations and subsequently receives an acknowledgement from the access point (’738 Patent, Abstract; Compl. ¶60).
  • Technical Importance: This structured approach for soliciting and scheduling multi-user uplink frames provides a mechanism to coordinate and synchronize transmissions, which is critical for maximizing throughput and efficiency in modern WLANs (Compl. ¶60).

Key Claims at a Glance

  • The complaint asserts at least independent claim 9 (Compl. ¶62, ¶66).
  • Claim 9 of the ’738 Patent recites the essential elements of a method performed by a station device:
    • Receiving a downlink multi-user frame comprising uplink setup information.
    • The uplink setup information comprises a common information portion common to multiple stations and a dedicated information portion specific to the station.
    • The common information portion comprises information that is a function of a total number of space time streams to be used for the simultaneous transmission.
    • Transmitting an uplink frame simultaneously with uplink frames from one or more other stations.
    • Receiving an acknowledgement frame acknowledging receipt of the uplink frame.

U.S. Patent No. 9,848,442 - "Method for Transmitting and Receiving Frame in Wireless Local Area Network"

  • Patent Identification: U.S. Patent No. 9,848,442, "Method for Transmitting and Receiving Frame in Wireless Local Area Network," issued December 19, 2017 (Compl. ¶71).
  • Technology Synopsis: The patent is directed to a method for managing medium access in a network with both modern and legacy devices. It describes setting a physical layer (PHY) network allocation vector (NAV) when receiving a high-efficiency (HE) frame and a medium access control (MAC) layer NAV when receiving a legacy frame, allowing the device to determine when to attempt a transmission (Compl. ¶72).
  • Asserted Claims: At least claim 8 is asserted (Compl. ¶75, ¶81).
  • Accused Features: The accused functionality involves the ability to receive PHY PPDUs, determine the originating basic service set (BSS), and adjust virtual carrier sensing settings based on whether the frame is a modern HE frame or a legacy frame (Compl. ¶75).

U.S. Patent No. 9,912,513 - "System and Method for Synchronization for OFDMA Transmission"

  • Patent Identification: U.S. Patent No. 9,912,513, "System and Method for Synchronization for OFDMA Transmission," issued March 6, 2018 (Compl. ¶85).
  • Technology Synopsis: The patent addresses the problem of synchronizing simultaneous uplink transmissions in an Orthogonal Frequency Division Multiple Access (OFDMA) system. It describes an access point transmitting a trigger frame containing information for a common guard interval (GI) duration to be used by all responding stations, ensuring their uplink frames are synchronized (Compl. ¶86).
  • Asserted Claims: At least claim 1 is asserted (Compl. ¶88, ¶92).
  • Accused Features: The accused functionality is the ability of the devices to receive trigger frames that allocate resources for and indicate guard interval durations for subsequent uplink multi-user transmissions (Compl. ¶88).

U.S. Patent No. 9,917,679 - "Method and Apparatus for Transmitting Response Frame Based on Type in a High Efficiency Wireless LAN"

  • Patent Identification: U.S. Patent No. 9,917,679, "Method and Apparatus for Transmitting Response Frame Based on Type in a High Efficiency Wireless LAN," issued March 13, 2018 (Compl. ¶96).
  • Technology Synopsis: The patent relates to responsive uplink transmissions in an 802.11ax network. It describes a station receiving a downlink frame that specifies whether the responsive acknowledgement frame should be a single-user (SU) type or a multi-user (MU) type, and then transmitting the appropriate uplink frame type (Compl. ¶97).
  • Asserted Claims: At least claim 1 is asserted (Compl. ¶98, ¶102).
  • Accused Features: The accused functionality is the ability to receive downlink MAC frames containing a Quality of Service (QoS) Control field with an "Ack Policy Indicator" that dictates the type of acknowledgement to be sent (Compl. ¶98).

U.S. Patent No. 10,020,919 - "Protection Methods for Wireless Transmissions"

  • Patent Identification: U.S. Patent No. 10,020,919, "Protection Methods for Wireless Transmissions," issued July 10, 2018 (Compl. ¶106).
  • Technology Synopsis: The patent relates to a procedure for soliciting Channel State Information (CSI) feedback. An access point transmits a non-data packet announcement (NDPA) followed by a non-data packet (NDP). The NDPA frame indicates which station(s) should respond, and the number of stations listed determines whether the subsequent CSI feedback is a single-user or multi-user transmission (Compl. ¶107).
  • Asserted Claims: At least claim 1 is asserted (Compl. ¶108, ¶112).
  • Accused Features: The accused functionality is the implementation of a sounding procedure where the devices receive NDPA frames with one or more station information fields, followed by an NDP, to trigger a CSI feedback report (Compl. ¶108).

U.S. Patent No. 10,153,886 - "Apparatus and Method for Downlink and Uplink Multi-User Transmissions"

  • Patent Identification: U.S. Patent No. 10,153,886, "Apparatus and Method for Downlink and Uplink Multi-User Transmissions," issued December 11, 2018 (Compl. ¶116).
  • Technology Synopsis: The patent is directed to triggering mechanisms for multi-user uplink transmissions. A receiving station identifies scheduling information within the MAC header of a received downlink frame. In response, the station generates and transmits an uplink response that includes a single high efficiency long training (HE-LTF) field consisting of a single OFDM symbol (Compl. ¶117-118).
  • Asserted Claims: At least claim 9 is asserted (Compl. ¶120, ¶124).
  • Accused Features: The accused functionality is the ability to generate and transmit uplink frames containing the claimed HE-STF and HE-LTF fields in response to scheduling information in a downlink frame's MAC header (Compl. ¶120).

U.S. Patent No. 10,756,851 - "Multiplexing Acknowledgment Messages in Response to Downlink Frames"

  • Patent Identification: U.S. Patent No. 10,756,851, "Multiplexing Acknowledgment Messages in Response to Downlink Frames," issued August 25, 2020 (Compl. ¶128).
  • Technology Synopsis: The patent relates to multiplexing acknowledgment messages from multiple stations in response to a multi-user downlink frame. The downlink frame includes a control extension in a control field that provides scheduling information used by the stations for a trigger-based, multi-user uplink acknowledgement (Compl. ¶129).
  • Asserted Claims: At least claim 1 is asserted (Compl. ¶131, ¶135).
  • Accused Features: The accused functionality is the ability to receive multi-user downlink frames containing a control field, a control extension indication, and a scheduling extension to coordinate a multiplexed uplink acknowledgment (Compl. ¶131).

III. The Accused Instrumentality

Product Identification

  • The accused instrumentalities are all OnePlus products that comply with the IEEE 802.11ax-2021 (Wi-Fi 6) Standard. The complaint specifically identifies products including the OnePlus 8, OnePlus 8 Pro, OnePlus 8T, OnePlus 9 5G, OnePlus 9 Pro 5G, and OnePlus 10 Pro 5G, among others (Compl. ¶9, ¶42).

Functionality and Market Context

  • The accused products are smartphones equipped with Wi-Fi 6 capabilities, which enable them to operate on modern high-efficiency wireless networks (Compl. ¶9). The complaint alleges that these products necessarily implement the patented inventions because the relevant portions of the 802.11ax standard are mandatory for compliance (Compl. ¶40). Plaintiff alleges that OnePlus is a "Top-5 Flagship OEM by sales volume" in North America as of 2019, positioning the products as significant in the market (Compl. ¶41).

IV. Analysis of Infringement Allegations

U.S. Patent No. 9,763,259 Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
A sounding method by a first receiving device... comprising: receiving a null data packet announcement (NDPA) frame from a transmitting device; The accused STA products receive an HE NDP Announcement frame from an AP device, which contains allocation information for multiple receiving STAs. ¶50, ¶52 col. 5:1-15
receiving a null data packet (NDP) frame from the transmitting device; After receiving the NDPA frame, the accused STA products receive an HE sounding NDP frame from the AP, which triggers their response. ¶50, ¶52 col. 5:1-15
transmitting a feedback frame to the transmitting device... on a first subchannel that is allocated to the first receiving device among a plurality of subchannels... The accused STA products transmit a feedback frame (an "HE Compressed Beamforming/CQI" frame) containing subchannel information measured on the subchannel allocated to it by the AP. ¶50, ¶52 col. 5:1-15
wherein... the feedback frame is transmitted while a second feedback frame including subchannel information measured on a second subchannel is transmitted to the transmitting device by a second receiving device... A first accused STA transmits its feedback frame simultaneously with a second accused STA, which transmits its own feedback frame on its own allocated subchannel. This simultaneous UL transmission is depicted in a figure from the 802.11ax standard. (Compl. Fig. 26-8). ¶50, ¶52 col. 5:9-15

Identified Points of Contention:

  • Scope Questions: The complaint's theory of infringement relies on the assertion that compliance with the 802.11ax standard necessarily practices the claims (Compl. ¶51). A central point of contention may be whether the specific frames and protocols defined in the 802.11ax standard (e.g., an "HE Compressed Beamforming/CQI" frame) fall within the scope of the patent's broader claim terms (e.g., "feedback frame including subchannel information").
  • Technical Questions: A key factual question will be whether the accused products' transmissions are "simultaneous" as required by the claim. While the standard protocol cited in the complaint (Compl. Fig. 26-8) depicts temporally aligned uplink transmissions, the actual degree of operational overlap in the accused devices will be a focus.

U.S. Patent No. 9,825,738 Infringement Allegations

Claim Element (from Independent Claim 9) Alleged Infringing Functionality Complaint Citation Patent Citation
A method of operating a station device... comprising: receiving a downlink multi-user frame... comprising uplink setup information; The accused STA products receive a DL MU trigger frame from a Wi-Fi 6 compliant AP, which includes uplink setup information. The format of this trigger frame is detailed in a figure from the 802.11ax standard. (Compl. Fig. 9-64a). ¶61, ¶63 col. 6:1-4
wherein the uplink setup information comprises a common information portion... and a dedicated information portion... The trigger frame includes a "Common Info" portion common to all receiving STAs and a "User Info List" portion with dedicated information for each specific STA. (Compl. Fig. 9-64a). ¶61, ¶63 col. 6:4-10
wherein the common information portion comprises information that is a function of a total number of space time streams to be used to perform the simultaneous transmission... The "Common Info" portion of the trigger frame contains a "Number of HE-LTF Symbols" subfield, which the complaint alleges is a function of the total number of space-time streams that the STAs will use to transmit the uplink frames. (Compl. Fig. 9-64b). ¶61, ¶63 col. 6:10-14
transmitting an uplink frame simultaneously with one or more uplink frames from one or more other stations... The accused STA products transmit an HE TB PPDU uplink frame to the AP simultaneously with other STAs. A diagram from the 802.11ax standard shows this simultaneous transmission. (Compl. Fig. 10-14c). ¶61, ¶63 col. 6:21-25
receiving an acknowledgement frame from the access point... The accused STA products receive a BlockAck acknowledgement from the AP after transmitting the uplink frame. ¶61, ¶63 col. 6:25-27

Identified Points of Contention:

  • Functional Questions: A primary technical question will be whether the "Number of HE-LTF Symbols" subfield in the standard's "Common Info" field performs the specific function required by the claim: being "a function of a total number of space time streams." The complaint asserts this functional link (Compl. ¶63, p. 25), but the precise technical relationship will likely be a point of dispute.
  • Scope Questions: The infringement analysis may turn on whether the various frames defined in the 802.11ax standard (e.g., "Trigger frame," "HE TB PPDU," "BlockAck") map directly onto the patent's claimed "downlink multi-user frame," "uplink frame," and "acknowledgement frame," respectively.

V. Key Claim Terms for Construction

Patent: U.S. Patent No. 9,763,259

  • The Term: "simultaneously transmits"
  • Context and Importance: The concept of multiple devices transmitting at the same time is the core of the multi-user aspect of claim 1. The definition of "simultaneously" will be critical to determining infringement, as it defines the required temporal relationship between the feedback transmissions from different devices.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The term "simultaneously" is used in the patent's specification without a specific temporal definition, which may support an interpretation aligned with its plain and ordinary meaning of occurring at the same time, without requiring perfect or exact alignment (’259 Patent, col. 5:11-12).
    • Evidence for a Narrower Interpretation: The patent’s figures, such as Figure 5, depict the uplink transmissions from multiple stations (STA1, STA2, STA3) as starting and ending at precisely the same time. A party could argue these embodiments limit the term to require a high degree of temporal overlap.

Patent: U.S. Patent No. 9,825,738

  • The Term: "common information portion"
  • Context and Importance: The infringement theory hinges on the "Common Info" field of the 802.11ax trigger frame meeting this limitation. The construction of this term will determine whether the type of information contained in the accused standard's frame qualifies as "common" in the manner required by the patent.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The abstract describes the common information broadly as "information that is common to the multiple stations joining in the uplink multi-user transmission" (’738 Patent, Abstract). This general language may support a construction that encompasses any information field applied to all responding devices.
    • Evidence for a Narrower Interpretation: The detailed description specifies that the common information includes "a length of an uplink frame" (’738 Patent, col. 6:4-10). A party may argue that this defines a specific type of information required for the portion to be "common," potentially narrowing the claim scope to exclude other types of common data.

VI. Other Allegations

Indirect Infringement

  • The complaint alleges active inducement of infringement for all asserted patents. The allegations are based on Defendant manufacturing and selling the accused products with knowledge of the patents and with the intent that its customers would use them in an infringing manner. This intent is allegedly shown through the provision of advertisements, user manuals, and technical support that instruct customers on how to connect to and use Wi-Fi 6 networks, thereby causing them to practice the patented methods (e.g., Compl. ¶55-56, ¶66-68).

Willful Infringement

  • The complaint alleges willful infringement based on both pre- and post-suit knowledge (Compl. ¶138-142). Pre-suit knowledge is alleged based on Defendant's general familiarity with the 802.11ax standard and the patent owner's contributions, as well as direct written notice from Plaintiff on June 29, 2021 (Compl. ¶139-140). Post-suit knowledge is based on the filing of the initial complaint on November 22, 2021 (Compl. ¶39, ¶138).

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

  • A central issue will be one of technical mapping and essentiality: can the specific protocols, frame structures, and field contents mandated by the 802.11ax standard be mapped onto the elements of the asserted patent claims? The case appears to be a standard-essential patent (SEP) dispute, and its outcome will likely depend on whether the court finds that practicing the mandatory portions of the Wi-Fi 6 standard, as the accused products allegedly do, necessarily infringes the patents.
  • A key question will be one of claim construction: the dispute will likely focus on the scope of foundational terms such as "simultaneously transmits" ('259 Patent) and "common information portion" ('738 Patent). The degree to which the court ties these terms to the specific embodiments in the patents versus their plain and ordinary meaning will significantly influence the infringement analysis.
  • An evidentiary question will be one of functionality: does the information contained in the accused 802.11ax trigger frames (e.g., the "Number of HE-LTF Symbols" subfield) perform the specific function required by the claims (e.g., being "a function of a total number of space time streams")? This will require detailed expert testimony on the operation of both the patented methods and the accused wireless standard.