DCT

6:23-cv-00350

Atlas Global Tech LLC v. Dell Tech Inc

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 6:23-cv-00350, W.D. Tex., 07/26/2023
  • Venue Allegations: Plaintiff alleges venue is proper because Dell maintains a permanent and continuous presence, including a principal place of business and established places of business, within the Western District of Texas.
  • Core Dispute: Plaintiff alleges that Defendant’s products capable of operating on Wi-Fi 6 networks infringe eight patents related to technologies incorporated into the IEEE 802.11ax wireless networking standard.
  • Technical Context: The technology at issue is Wi-Fi 6 (IEEE 802.11ax), a wireless communication standard designed to improve spectral efficiency and network performance, particularly in high-density environments with many connected devices.
  • Key Procedural History: The asserted patents originated with Newracom, Inc., which the complaint identifies as a major technical contributor to the 802.11ax standard. The complaint alleges Dell had knowledge of Newracom's patent position since at least March 2015, based on a Letter of Assurance submitted to the IEEE. Atlas alleges it provided Dell with direct notice of the asserted patents and offered a license on June 21, 2021, followed by technical presentations and licensing discussions. The complaint notes that the Court has previously issued claim construction orders concerning the asserted patents in litigation involving Atlas and other defendants.

Case Timeline

Date Event
2014-04-04 U.S. Patent No. 9,825,738 Priority Date
2014-09-23 U.S. Patent No. 9,763,259 Priority Date
2014-10-08 U.S. Patent No. 9,912,513 Priority Date
2014-11-10 U.S. Patent No. 9,848,442 Priority Date
2014-11-19 U.S. Patent No. 10,542,526 Priority Date
2015-03-11 Newracom submits Letter of Assurance for Essential Patent Claims to IEEE
2015-03-25 U.S. Patent No. 9,628,310 Priority Date
2015-03-25 U.S. Patent No. 10,327,172 Priority Date
2015-10-12 U.S. Patent No. 10,020,919 Priority Date
2016-03-01 First draft of the 802.11ax Standard published
2017-04-18 U.S. Patent No. 9,628,310 Issued
2017-09-12 U.S. Patent No. 9,763,259 Issued
2017-11-21 U.S. Patent No. 9,825,738 Issued
2017-12-19 U.S. Patent No. 9,848,442 Issued
2018-03-06 U.S. Patent No. 9,912,513 Issued
2018-07-10 U.S. Patent No. 10,020,919 Issued
2019-06-18 U.S. Patent No. 10,327,172 Issued
2020-01-21 U.S. Patent No. 10,542,526 Issued
2021-02-09 IEEE approves final version of the 802.11ax-2021 Standard
2021-06-21 Atlas notifies Dell of the Asserted Patents
2021-07-12 Dell acknowledges receipt of licensing letters from Atlas
2021-08-03 Atlas presents its Wi-Fi 6 portfolio to Dell representatives
2021-12-09 Dell representative responds to Atlas regarding technical analysis
2023-07-26 Complaint Filing Date

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

U.S. Patent No. 9,628,310 - "Long Training Field Sequence Construction"

  • Patent Identification: U.S. Patent No. 9,628,310, "Long Training Field Sequence Construction", issued April 18, 2017 (Compl. ¶37).

The Invention Explained

  • Problem Addressed: The complaint explains that in the 802.11ax standard, a transmitted data frame (an "HE PPDU") must include a High Efficiency Long Training Field (HE-LTF) that allows a receiving device to estimate the characteristics of the wireless channel (Compl. ¶42). The technical problem is the need for a systematic and standardized method to construct these HE-LTF sequences for the various channel bandwidths and transmission modes supported by the new standard.
  • The Patented Solution: The invention provides a method for a wireless device to construct an appropriate HE-LTF. The device first determines the channel bandwidth it will use (e.g., 20 MHz, 40 MHz, or 80 MHz) and an "HE-LTF mode," which relates to the duration and repetition of the training signal (e.g., 1x, 2x, or 4xHE-LTF mode) (Compl. ¶¶41-42). It then generates an HE-LTF symbol by selecting from a plurality of predefined HE-LTF sequences the specific sequence that corresponds to the determined bandwidth and mode, which is then included in the transmitted data frame (Compl. ¶¶43-44). The structure of a data frame including the HE-LTF symbol is illustrated in several figures provided in the complaint (Compl. ¶44, Figs. 27-8–27-11).
  • Technical Importance: The construction and use of standardized long training fields are fundamental to the operation of high-efficiency wireless networks, as they enable the channel estimation required for reliable high-speed and multi-user communications (Compl. ¶42).

Key Claims at a Glance

  • The complaint asserts at least independent claims 1 and 15 (Compl. ¶39).
  • The essential elements of the asserted invention, based on allegations for claim 1, include:
    • Determining a channel bandwidth from a plurality of bandwidths including 20 MHz, 40 MHz, and 80 MHz.
    • Determining a high efficiency long training field (HE-LTF) mode from a plurality of modes including a 4xHE-LTF mode and a 2xHE-LTF mode.
    • Generating an HE-LTF symbol by using an HE-LTF sequence corresponding to the determined channel bandwidth and the determined HE-LTF mode.
    • Transmitting a high efficiency physical layer protocol data unit (HE PPDU) that includes the HE-LTF symbol in the determined channel bandwidth.

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. ¶51).

The Invention Explained

  • Problem Addressed: The complaint states that multi-user ("MU") transmissions, a key feature of Wi-Fi 6, require the Access Point ("AP") to have channel information for each participating device (or Station "STA") to properly assign subchannels (Compl. ¶52). The technical problem is how to solicit and receive this channel feedback from multiple STAs efficiently and in a coordinated manner.
  • The Patented Solution: The patent discloses a "sounding" method to gather this channel information. An AP initiates the process by transmitting a null data packet announcement ("NDPA") frame, which informs multiple STAs about their allocated subchannels for feedback (Compl. ¶53). The AP follows this with a null data packet ("NDP") frame, which acts as a poll, triggering a response from the STAs (Compl. ¶53). Upon receiving the NDP, the addressed STAs simultaneously transmit feedback frames, which include compressed beamforming reports, back to the AP on their respective allocated subchannels (Compl. ¶¶53, 56). This simultaneous uplink feedback sequence is depicted in a diagram from the Wi-Fi 6 standard (Compl. ¶56, Fig. 26-8).
  • Technical Importance: This coordinated sounding protocol enables an AP to efficiently gather channel state information from multiple users at once, which is critical for scheduling and executing advanced multi-user features like MU-MIMO and OFDMA that define Wi-Fi 6 performance (Compl. ¶52).

Key Claims at a Glance

  • The complaint asserts at least method claims 1 and 18 (Compl. ¶55).
  • The essential elements of the asserted invention, based on allegations for claim 1 (a method performed by a Station), include:
    • Receiving a null data packet announcement (NDPA) frame from an AP that contains allocation information for multiple STAs.
    • Receiving a null data packet (NDP) frame from the AP, which functions as a beamforming poll.
    • In response to the NDP frame, transmitting a feedback frame to the AP that includes a beamforming report.
    • Performing the transmission of the feedback frame simultaneously with at least a second STA that is also transmitting its own feedback frame.

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. ¶62).
  • Technology Synopsis: The patent relates to trigger frames used to solicit and schedule simultaneous uplink transmissions from multiple devices. The invention covers a method where a station receives a multi-user trigger frame containing both "common information" for all responding stations and "dedicated information" for the specific station. The common information is a function of the total number of space-time streams to be used in the coordinated uplink transmission (Compl. ¶¶63-64).
  • Asserted Claims: At least claims 1 and 9 (Compl. ¶65).
  • Accused Features: The complaint alleges infringement by Dell's Wi-Fi 6 products that receive multi-user trigger frames and, in response, transmit uplink frames. Figure 10-14c from the 802.11ax standard is provided to show an AP transmitting a trigger frame to multiple STAs, which then transmit responsive data packets (HE TB PPDUs) back to the AP (Compl. ¶66).

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. ¶72).
  • Technology Synopsis: The patent is directed to methods for setting a network allocation vector (NAV), a mechanism for reserving the wireless medium. The invention specifies setting a physical layer (PHY) level NAV when receiving a modern high-efficiency (HE) frame and setting a media access control (MAC) level NAV when receiving an older legacy frame. This distinction applies when a station determines the received frame originated from a different basic service set (inter-BSS) (Compl. ¶¶73, 77-78).
  • Asserted Claims: At least claim 8 (Compl. ¶75).
  • Accused Features: The accused functionality involves the ability of Dell's Wi-Fi 6 products to distinguish between inter-BSS HE and legacy frames and set the virtual carrier sensing (NAV) at the PHY-level or MAC-level accordingly, using duration information from the respective frame headers (Compl. ¶¶77-78).

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. ¶84).
  • Technology Synopsis: The patent addresses the problem of synchronizing simultaneous uplink transmissions from multiple stations in an OFDMA system. To ensure all stations use the same guard interval—a key parameter for synchronization—the access point transmits a trigger frame containing information that specifies the guard interval duration to be used for the subsequent uplink frames (Compl. ¶85).
  • Asserted Claims: At least claims 1 and 15 (Compl. ¶¶87-88).
  • Accused Features: The accused functionality is the capability of Dell's Wi-Fi 6 products to receive and transmit trigger frames that include a "Common Info field with a GI and HE LTF Type subfield," which indicates the common guard interval for the subsequent multi-user uplink transmission (Compl. ¶86).

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. ¶95).
  • Technology Synopsis: The patent discloses a sounding procedure to obtain Channel State Information (CSI) that avoids the overhead of a trigger frame when soliciting feedback from only a single station. An access point sends a Null Data Packet Announcement (NDPA) with a single station information field, followed by a Null Data Packet (NDP), which prompts the single station to transmit its CSI feedback report (Compl. ¶¶96-97).
  • Asserted Claims: At least claims 1 and 11 (Compl. ¶97).
  • Accused Features: The accused feature is the performance of the single-user sounding protocol as part of the 802.11ax standard. Figure 26-7 from the standard is referenced to show the NDPA/NDP exchange followed by the single station's CSI feedback (Compl. ¶¶97-98).

U.S. Patent No. 10,327,172 - "Long Training Field Sequence Construction"

  • Patent Identification: U.S. Patent No. 10,327,172, "Long Training Field Sequence Construction", issued June 18, 2019 (Compl. ¶104).
  • Technology Synopsis: This patent, related to the '310 Patent, is directed to generating a high efficiency long training field (HE-LTF) sequence specifically for communications in a 20 MHz channel bandwidth. It describes a device determining an HE-LTF mode (e.g., 2x or 4x) and using a corresponding sequence to generate an HE-LTF symbol for transmission (Compl. ¶105).
  • Asserted Claims: At least claims 1 and 14 (Compl. ¶106).
  • Accused Features: The complaint alleges infringement by Dell's Wi-Fi 6 products when they operate in a 20 MHz channel bandwidth and generate HE-LTF symbols using the sequences specified for that bandwidth in the 802.11ax standard (Compl. ¶¶107, 109-111).

U.S. Patent No. 10,542,526 - "Method and Apparatus for Processing PPDU based on BSS Identification Information in a High Efficiency Wireless LAN"

  • Patent Identification: U.S. Patent No. 10,542,526, "Method and Apparatus for Processing PPDU based on BSS Identification Information in a High Efficiency Wireless LAN", issued January 21, 2020 (Compl. ¶118).
  • Technology Synopsis: The patent relates to spatial reuse and BSS coloring, features that allow denser Wi-Fi networks. A receiving station uses BSS identification information (e.g., "BSS color") in the header of a received frame to determine if it originated from the same BSS or a different BSS. The station then applies a different Clear Channel Assessment (CCA) threshold depending on this determination, allowing it to ignore certain transmissions from neighboring networks (Compl. ¶119).
  • Asserted Claims: At least claims 1 and 15 (Compl. ¶120).
  • Accused Features: The accused feature is the ability of Dell's products to classify a received frame as intra-BSS or inter-BSS and apply a different CCA threshold accordingly, a mandatory function of the 802.11ax spatial reuse protocol (Compl. ¶121).

III. The Accused Instrumentality

Product Identification

The complaint accuses all Dell products that comply with the IEEE 802.11ax-2021 Standard ("Wi-Fi 6"). This includes an extensive list of Dell's laptop, 2-in-1, and desktop computers across its Chromebook, Latitude, Vostro, Inspiron, XPS, Precision, Alienware, and G Series product lines (Compl. ¶30, pp. 11-13). Representative products pictured in the complaint include the Latitude 9430 Laptop and the Alienware Aurora gaming desktop (Compl. ¶31).

Functionality and Market Context

The accused products are alleged to incorporate hardware and software that implements the Wi-Fi 6 standard, operating as either Access Points ("APs") or Stations ("STAs") (Compl. ¶29). The complaint alleges that practicing the mandatory portions of the Wi-Fi 6 standard necessarily infringes the asserted patents (Compl. ¶29). Dell is alleged to market these products to customers by promoting the benefits of Wi-Fi 6 technology, such as higher speeds, greater efficiency, and better performance in crowded environments (Compl. ¶¶11, 20).

IV. Analysis of Infringement Allegations

U.S. Patent No. 9,628,310 Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
determining a channel bandwidth among a plurality of bandwidths including a 20 megahertz (MHz) channel bandwidth...40 MHz...and 80 MHz... Accused Products support operation in 20 MHz, 40 MHz, and 80 MHz operating channels as a mandatory feature for non-20 MHz-only HE STAs. ¶41 col. 44:55-67
determining a high efficiency long training field (HE-LTF) mode among a plurality of HE-LTF modes including a 4xHE-LTF mode and a 2xHE-LTF mode Accused Products support 1x, 2x, and 4x HE-LTF types, as defined in the 802.11ax standard, to allow a receiver to estimate the channel. ¶42 col. 45:1-5
generating an HE-LTF symbol by using an HE-LTF sequence corresponding to the determined channel bandwidth and the determined HE-LTF mode... Based on the determined bandwidth and mode, the Accused Products generate an HE-LTF symbol using a corresponding sequence from a plurality of defined sequences. ¶43 col. 45:6-10
transmitting a high efficiency physical layer protocol data unit (HE PPDU) including the HE-LTF symbol, in the determined channel bandwidth The Accused Products transmit an HE PPDU that includes the generated HE-LTF symbol, as illustrated in the standard's specified frame formats. ¶44 col. 45:11-14
  • Identified Points of Contention:
    • Scope Questions: The infringement theory relies on the assertion that Dell's products practice mandatory portions of the 802.11ax standard (Compl. ¶29). A potential dispute may arise over whether the standard allows for non-infringing alternatives to the claimed methods or whether Dell's specific implementation deviates from the standard in a way that avoids one or more claim limitations.
    • Technical Questions: The case may turn on claim construction of "HE-LTF sequence corresponding to." The question for the court will be whether the specific mathematical sequences defined in the 802.11ax standard and implemented by Dell fall within the patent's definition of such a corresponding sequence.

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

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
receiving...a null data packet announcement ("NDPA") frame from an AP device...[including] allocation information for multiple receiving STA devices... An accused STA product receives an NDPA frame from an AP, which informs the STA of the subchannel allocated to it for feedback. This process is part of the HE Sounding Protocol. ¶53 col. 22:50-59
receiving a null data packet ("NDP") frame from the AP after receiving the NDPA frame, which operates as a beamforming poll frame... After the NDPA, the accused STA product receives an NDP frame from the AP which triggers the STA to transmit its feedback response. ¶53 col. 22:60-64
transmitting simultaneously to the AP a feedback frame that includes a beamforming report...while a second STA simultaneously transmits a second feedback frame... Following the NDP, the accused STA product and other STAs simultaneously transmit feedback frames (HE Compressed Beamforming/CQI) containing subchannel information back to the AP, as depicted in the standard's Figure 26-8. ¶¶53, 56 col. 23:1-11
  • Identified Points of Contention:
    • Scope Questions: A central question may be the construction of "simultaneously transmits." The parties may dispute the required degree of temporal overlap for two separate STAs to be considered transmitting "simultaneously" under the patent's claims.
    • Technical Questions: The infringement analysis will likely focus on the contents of the accused feedback frame. The court may need to resolve what technical information (e.g., signal-to-noise ratio, feedback matrices) constitutes a "beamforming report" as that term is used in the patent (Compl. ¶56).

V. Key Claim Terms for Construction

  • For the ’310 Patent:

    • The Term: "HE-LTF sequence corresponding to the determined channel bandwidth and the determined HE-LTF mode"
    • Context and Importance: This term is the central limitation of the asserted claims. The infringement case rests on whether the specific sequences defined by the 802.11ax standard and implemented in Dell's products are the same as, or equivalent to, the sequences described and claimed in the patent. Practitioners may focus on this term because its construction will define the scope of the patent's coverage over the standard.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The patent may describe the concept of generating training sequences in general terms, potentially supporting an interpretation that covers any sequence that achieves the goal of channel estimation for a given mode and bandwidth (Compl. ¶38).
      • Evidence for a Narrower Interpretation: The complaint itself refers to specific equations from the 802.11ax standard (e.g., Equation 27-42) to define the sequence for a 20MHz/2xHE-LTF combination (Compl. ¶43). The patent specification likely contains similar specific equations, tables, or embodiments that could be used to argue for a narrower definition limited to those specific structures.

  • For the ’259 Patent:

    • The Term: "feedback frame that includes a beamforming report"
    • Context and Importance: This term defines the content of the allegedly infringing transmission from the accused STA. The dispute will likely involve whether the "HE Compressed Beamforming/CQI frames" transmitted by Dell's products, which contain information like average signal-to-noise ratio and feedback matrices, meet the patent's requirements for a "beamforming report" (Compl. ¶56).
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The specification may describe the "beamforming report" functionally as any information sufficient to inform the AP about the measured subchannel conditions (Compl. ¶53).
      • Evidence for a Narrower Interpretation: The patent may define the "beamforming report" by referencing specific types of data, such as compressed feedback matrices or channel quality indicators. The detailed description or figures could provide explicit examples that a defendant might use to argue for a more limited scope.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges inducement of infringement against Dell. The factual basis for this allegation is that Dell manufactures and sells the accused products with knowledge and intent that its customers will infringe by using them in their intended Wi-Fi 6 mode. Specific alleged acts of inducement include advertising the 802.11ax features, distributing instructions on how to connect to Wi-Fi networks, and providing technical support that encourages the infringing use (Compl. ¶¶47-48, 58-59).
  • Willful Infringement: The complaint alleges that Dell's infringement has been willful. This allegation is based on alleged knowledge of the patents dating back to at least June 21, 2021, when Atlas sent Dell specific notice letters offering to license the asserted patents (Compl. ¶128). The complaint further alleges Dell had knowledge from ongoing licensing discussions in 2021, presentations of the patent portfolio, and its awareness of Atlas's litigation against other Wi-Fi 6 product manufacturers on the same patents (Compl. ¶¶129-130).

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

  • A core issue will be one of validity and essentiality: Given that the asserted patents are presented as covering mandatory aspects of the 802.11ax standard, the case will likely involve a deep inquiry into whether the claimed inventions were novel and non-obvious over the prior art at the time of filing, or whether they merely claim concepts that were already in the public domain during the collaborative standardization process.
  • A key evidentiary question will be one of implementation versus claim scope: The dispute will likely focus on whether Dell's specific software and hardware implementation of the 802.11ax protocols reads on every limitation of the asserted claims. This will require a granular, term-by-term comparison between the court's construction of the claims and the precise operation of the accused products, particularly for complex, multi-step methods such as generating training field sequences (’310 Patent) and executing multi-user sounding protocols ('259 Patent).
  • A central legal question will be willfulness: The complaint provides extensive allegations of pre-suit knowledge, including direct licensing outreach and Dell's alleged monitoring of litigation against its competitors. A critical issue for the court will be to determine whether Dell's decision to continue selling its Wi-Fi 6 products after receiving such notice constituted objective recklessness.