DCT
6:22-cv-01123
Bataan Licensing LLC v. Altenergy Power Systems USA Inc
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: Bataan Licensing LLC (Texas)
- Defendant: Altenergy Power Systems USA Inc. (Corporation with a place of business in Texas)
- Plaintiff’s Counsel: Direction IP Law
- Case Identification: 6:22-cv-01123, W.D. Tex., 10/26/2022
- Venue Allegations: Venue is alleged to be proper based on Defendant maintaining a regular and established place of business in the Western District of Texas and having committed alleged acts of infringement within the district.
- Core Dispute: Plaintiff alleges that Defendant’s solar energy communication gateway infringes a patent related to methods for adaptively changing communication modes in a network terminal.
- Technical Context: The technology involves systems where a network terminal can be instructed by a remote control system to switch between different communication protocols or modulation schemes to ensure reliable data transfer.
- Key Procedural History: The complaint does not mention any prior litigation, Inter Partes Review (IPR) proceedings, or licensing history related to the patent-in-suit.
Case Timeline
| Date | Event |
|---|---|
| 2002-09-09 | '982 Patent Priority Date |
| 2008-09-09 | '982 Patent Issue Date |
| 2022-10-26 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 7,423,982 - "Adaptive Communication Modes," issued September 9, 2008
The Invention Explained
- Problem Addressed: The patent describes a problem in early two-way cable television networks where set-top terminals (STTs) needed to communicate with the network to provide services like video-on-demand. The communication channels used for this could be slow or become impaired, negatively affecting the user experience ('982 Patent, col. 1:11-48).
- The Patented Solution: The invention provides a method where a central network control system can send a message to a communication terminal, instructing it to switch to a specific "communication mode." This allows the network to dynamically adapt how the terminal communicates—for example, by changing the channel or modulation scheme—to maintain service quality. The specification describes a Digital Network Control System (DNCS) sending a message with a "data communication mode identifier (DCM-ID)" to an STT, which then implements the specified mode ('982 Patent, col. 3:45-53; Fig. 8).
- Technical Importance: This approach provides a flexible and robust way to manage network communications, allowing a service provider to optimize performance for many terminals without being locked into a single communication method that might be inefficient or unreliable under certain conditions ('982 Patent, col. 2:41-48).
Key Claims at a Glance
- The complaint asserts at least independent claim 12 (Compl. ¶14).
- The essential elements of independent claim 12 are:
- Receiving a message from a remotely located network control system.
- In response to the message specifying a first communication mode, implementing that mode using quadrature phase shift keying (QPSK) modulation to receive broadcast data and to transmit and receive unicast data.
- In response to the message specifying a second communication mode, implementing that mode using quadrature amplitude modulation (QAM).
III. The Accused Instrumentality
Product Identification
- The AP Systems ECU ("Energy Communication Unit"), also referred to as the ECU-R (Compl. ¶14; p. 5).
Functionality and Market Context
- The Accused Instrumentality is described as a "state-of-the-art Energy Communication Unit" that functions as an "information gateway for our microinverters" (Compl. p. 4). A product photo shows the APsystems Energy Communication Unit, which serves as an information gateway for solar microinverters (Compl. ¶15, p. 4).
- Its function is to collect performance data from individual solar microinverters and transfer that information to another location (Compl. p. 4).
- The complaint alleges the ECU is capable of cellular communication via the LTE standard, which uses various modulation schemes (Compl. ¶15). A product datasheet for the ECU-R lists "4G cellular communication (external APsystems dongle needed)" as a communication interface (Compl. p. 5).
IV. Analysis of Infringement Allegations
- '982 Patent Infringement Allegations
| Claim Element (from Independent Claim 12) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| receiving a message from a remotely located network control system; | The Accused Instrumentality allegedly receives messages, such as a Downlink Control Information (DCI) value, from a remote LTE base station, which functions as the network control system. | ¶16 | col. 2:46-51 |
| responsive to the message specifying a first communication mode, implementing the first communication mode including communication with the network control system using a first type of modulation scheme, wherein the first type of modulation scheme is quadrature phase shift keying (QPSK)... | When the DCI value received from the LTE base station indicates QPSK, the Accused Instrumentality allegedly implements a communication mode that utilizes QPSK modulation for uplink and downlink communication. A referenced LTE standards table shows QPSK is a supported modulation method (Compl. p. 18). | ¶17 | col. 16:19-29 |
| ...and wherein implementing the first communication mode includes receiving broadcast data and transmitting and receiving unicast data using the first type of modulation scheme; and | The complaint alleges the Accused Instrumentality communicates broadcast and unicast messages utilizing QPSK modulation. | ¶17 | col. 16:26-29 |
| responsive to the message specifying a second communication mode, implementing the second communication mode including communicating with the network control system using a second type of modulation scheme, wherein the second type of modulation scheme is quadrature amplitude modulation (QAM). | When the DCI value indicates a QAM scheme, the Accused Instrumentality allegedly implements a communication mode that utilizes QAM (e.g., 16QAM or 64QAM) for communication with the base station. A referenced LTE standards table shows various QAM schemes are supported (Compl. p. 25). | ¶18 | col. 16:30-35 |
- Identified Points of Contention:
- Scope Questions: The '982 Patent specification is written in the context of a cable television set-top terminal (STT) ('982 Patent, col. 1:11-15). A central question may be whether the claimed term "communication terminal" is limited to that specific environment or if it can be construed more broadly to cover the accused solar energy communication gateway.
- Technical Questions: The complaint's infringement theory relies on an LTE base station's DCI message functioning as the claimed "message... specifying a... communication mode." The patent specification, however, describes a "UNConfigIndication message" containing a specific "DCM-ID" field ('982 Patent, col. 3:45-53). A point of contention may be whether the alleged DCI message is structurally and functionally equivalent to the specific message type described in the patent's embodiments.
V. Key Claim Terms for Construction
The Term: "communication terminal"
- Context and Importance: The patent's applicability to the accused product hinges on the construction of this term. A narrow construction limited to the cable television context could be non-infringement dispositive, while a broader functional definition may favor the plaintiff's theory.
- Intrinsic Evidence for a Broader Interpretation: The claim language itself uses the general term "communication terminal", not the more specific "set-top terminal" used throughout the specification's examples. The abstract also uses the general term, which may support an interpretation based on its plain and ordinary meaning ('982 Patent, Abstract; Claim 12).
- Intrinsic Evidence for a Narrower Interpretation: The "Description of the Related Art" and "Detailed Description" sections consistently and exclusively frame the invention in the context of a cable television system and set-top terminals ('982 Patent, col. 1:11-48; col. 2:45-48). This consistent contextual framing may be used to argue for a narrower scope limited to that technological environment.
The Term: "message... specifying a... communication mode"
- Context and Importance: The infringement reading depends on whether the LTE DCI message, which signals modulation and coding parameters, meets this limitation. The construction will determine if "specifying a communication mode" requires a high-level instruction, as described in the patent, or can cover lower-level parameter signaling.
- Intrinsic Evidence for a Broader Interpretation: The claim language is functional and does not recite the specific structure of the message. The high-level flowchart in Figure 8 depicts simply "Receive A Message Specifying A Type Of Communication Mode," which could support a broader functional interpretation ('982 Patent, Fig. 8).
- Intrinsic Evidence for a Narrower Interpretation: The specification provides a detailed example of the message: a "UNConfigIndication message" which contains a "data communication mode identifier (DCM-ID)" sent from a "Digital Network Control System (DNCS)" ('982 Patent, col. 3:45-53). A party could argue that this detailed disclosure defines the term and limits it to messages with a similar high-level, mode-identifying structure.
VI. Other Allegations
The complaint does not contain specific counts or factual allegations to support claims for indirect or willful infringement.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "communication terminal", which is described in the patent's specification exclusively in the context of cable television set-top boxes, be construed to cover the accused "Energy Communication Unit", which operates as a gateway for solar energy systems?
- A key question of functional interpretation will be whether the LTE standard's Downlink Control Information (DCI) message, which conveys specific modulation and coding parameters, performs the function of the claimed "message specifying a communication mode" in the same way as the patent's exemplary "UNConfigIndication message" containing a high-level mode identifier.