1:25-cv-02504
CommWorks Solutions LLC v. U blox America Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: CommWorks Solutions, LLC (Georgia)
- Defendant: u-blox America Inc. (Delaware)
- Plaintiff’s Counsel: Kaleo Legal; Rozier Hardt McDonough PLLC
- Case Identification: 1:25-cv-02504, E.D. Va., 12/30/2025
- Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Virginia because Defendant maintains an established and regular place of business in Reston, Virginia, within the district, and has allegedly committed acts of infringement in the district. The complaint includes a corporate filing record showing Defendant’s principal office address in Reston.
- Core Dispute: Plaintiff alleges that Defendant’s wireless communication Systems-on-Chips (SoCs) and related devices infringe seven U.S. patents related to time-based wireless access provisioning, contention-free traffic detection, and scalable media access control for mesh networks.
- Technical Context: The patents address foundational technologies for simplifying the secure connection of devices to wireless networks (e.g., Wi-Fi) and managing data traffic priority, which are central to the functionality of modern wireless communication standards.
- Key Procedural History: The complaint does not mention any prior litigation, Inter Partes Review (IPR) proceedings, or specific licensing history concerning the asserted patents.
Case Timeline
| Date | Event |
|---|---|
| 1999-12-17 | Priority Date for U.S. Patent Nos. 7,027,465 and RE44,904 |
| 2002-05-13 | Priority Date for U.S. Patent No. 9,554,304 |
| 2003-01-13 | Priority Date for U.S. Patent Nos. 6,891,807, 7,177,285, 7,463,596, and 7,911,979 |
| 2005-05-10 | Issue Date of U.S. Patent No. 6,891,807 |
| 2006-04-11 | Issue Date of U.S. Patent No. 7,027,465 |
| 2007-02-13 | Issue Date of U.S. Patent No. 7,177,285 |
| 2008-12-09 | Issue Date of U.S. Patent No. 7,463,596 |
| 2011-03-22 | Issue Date of U.S. Patent No. 7,911,979 |
| 2014-05-20 | Issue Date of U.S. Patent No. RE44,904 |
| 2017-01-24 | Issue Date of U.S. Patent No. 9,554,304 |
| 2025-12-30 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 7,177,285 - "Time Based Wireless Access Provisioning"
- Issued: February 13, 2007
The Invention Explained
- Problem Addressed: At the time of the invention, securely connecting a new wireless device to a network was often impractical. Devices without a user interface (e.g., a "wireless picture frame") required manual transcription of identifiers like a MAC address, and devices with an interface were often cumbersome, requiring technical proficiency to complete the provisioning process (’285 Patent, col. 3:13-36; Compl. ¶25).
- The Patented Solution: The invention provides a time-based method to simplify this process. A network access point is configured with logic that, when activated by a user (e.g., by pressing a button), opens a short "time interval." The access point then monitors for an "operating parameter" of a new wireless device, such as the device being powered on or the onset of its signal transmission. If this event occurs within the designated time interval, the access point automatically provisions the device to the network, eliminating the need for manual data entry (’285 Patent, Abstract; col. 5:29-45).
- Technical Importance: This approach significantly lowered the technical barrier for consumers to add new devices to a home network, a key factor in the widespread adoption of consumer wireless technologies (Compl. ¶26).
Key Claims at a Glance
- The complaint asserts at least independent claim 1 (Compl. ¶28, ¶30).
- Claim 1 is a process claim comprising the elements of:
- tracking an operating parameter of the wireless device within a service area, wherein the operating parameter of the wireless device comprises an onset of a signal transmission of the wireless device; and
- initiating provisioning of the wireless device if the tracked operating parameter occurs within a time interval.
- The complaint does not explicitly reserve the right to assert dependent claims for this patent.
U.S. Patent No. 7,463,596 - "Time Based Wireless Access Provisioning"
- Issued: December 9, 2008
The Invention Explained
- Problem Addressed: The patent addresses the same technical problem as the ’285 Patent: the cumbersome and impractical nature of existing methods for provisioning wireless devices, which hindered the growth of home-based intranets (’596 Patent, col. 3:13-36; Compl. ¶39).
- The Patented Solution: The patent describes a process for associating devices based on a timed interaction. The system tracks an "operating parameter" of a first device, such as the device being powered on or the start of a signal transmission. If this event is detected within a specified "time interval," the system automatically associates the first device with at least one other device (e.g., a network access point), thereby connecting it to the network (’596 Patent, Abstract; col. 5:37-45).
- Technical Importance: The invention provided a user-friendly method for network provisioning that required minimal device complexity or user proficiency, described in the complaint as a "major technological advance" (Compl. ¶40).
Key Claims at a Glance
- The complaint asserts at least independent claim 1 (Compl. ¶42, ¶44).
- Claim 1 is a process claim comprising the elements of:
- tracking an operating parameter of a first device, wherein the operating parameter of the first device comprises any of a power on of the first device, and an onset of a signal transmission of the first device; and
- automatically associating the first device with at least one other device if the tracked operating parameter occurs within a time interval.
- The complaint does not explicitly reserve the right to assert dependent claims for this patent.
U.S. Patent No. 7,911,979 - "Time Based Access Provisioning System And Process"
- Issued: March 22, 2011
Technology Synopsis
This patent, part of the same family as the ’285 and ’596 patents, also addresses impractical methods for adding wireless devices to a network (Compl. ¶53). It discloses a provisioning system with logic that tracks an operating parameter (e.g., power-on or signal onset) of a device and sends a signal to initiate provisioning with a network if that parameter occurs within a designated time interval (Compl. ¶58).
Asserted Claims
At least independent claim 1 (Compl. ¶56, ¶58).
Accused Features
The complaint alleges that "u-blox WPS Products," which support Wi-Fi Protected Setup (WPS) functionality, infringe this patent (Compl. ¶47, ¶57).
U.S. Patent No. RE44,904 - "Method For Contention Free Traffic Detection"
- Reissued: May 20, 2014
Technology Synopsis
The patent addresses the complexity and high processing load required for conventional network devices to differentiate traffic based on priority, a particular challenge for low-cost access points (Compl. ¶67). The invention provides a method to identify priority traffic by extracting a bit pattern from a predetermined position in a data frame and comparing it with a search pattern, thereby avoiding the need to process complex upper-layer protocols (’904 Patent, col. 2:24-34; Compl. ¶72).
Asserted Claims
At least independent claim 1 (Compl. ¶70, ¶72).
Accused Features
The complaint accuses "u-blox Wi-Fi Multimedia Products" that support Wi-Fi Multimedia (WMM) and/or 802.11-2007+ functionality (Compl. ¶61, ¶71).
U.S. Patent No. 7,027,465 - "Method For Contention Free Traffic Detection"
- Issued: April 11, 2006
Technology Synopsis
This patent addresses the same problem as the ’904 patent: the difficulty of identifying priority traffic in low-performance network equipment (Compl. ¶81). The disclosed method involves extracting a bit pattern from a predetermined position in a frame, defined by an offset, and comparing it to a search pattern to determine if the frame is a priority frame (’465 Patent, Abstract; Compl. ¶86).
Asserted Claims
At least independent claim 1 (Compl. ¶84, ¶86).
Accused Features
The complaint alleges infringement by "u-blox Wi-Fi Multimedia Products" supporting WMM and/or 802.11-2007+ functionality (Compl. ¶75, ¶85).
U.S. Patent No. 6,891,807 - "Time Based Wireless Access Provisioning"
- Issued: May 10, 2005
Technology Synopsis
As the parent patent to the '285, '596, and '979 patents, this invention targets the impracticality of provisioning wireless devices, particularly those lacking a user interface (Compl. ¶95). The solution is a time-based system where a network access point contains logic to track a wireless device's operation and provisions it if that operation occurs within an activatable time interval (’807 Patent, Abstract; Compl. ¶99).
Asserted Claims
At least independent claim 17 (Compl. ¶97, ¶99).
Accused Features
The complaint accuses "u-blox WPS Products," which are described as compatible with Wi-Fi Protected Setup (Compl. ¶89, ¶98).
U.S. Patent No. 9,554,304 - "Scalable Media Access Control for Multi-Hop High Bandwidth Communications"
- Issued: January 24, 2017
Technology Synopsis
This patent addresses the lack of scalable Media Access Control (MAC) for multi-hop wireless networks, which could lead to communication errors due to poor resource allocation (Compl. ¶108). The invention provides a wireless mesh MAC that avoids resource reservation conflicts by using beacon signals to discover neighbors, determine signal quality, and establish communication links, enabling layer-2 routing within the MAC protocol (’304 Patent, Abstract; Compl. ¶109, ¶112).
Asserted Claims
At least independent claim 1 (Compl. ¶110, ¶112).
Accused Features
The complaint accuses "Wi-Fi Mesh Products" of infringement (Compl. ¶102, ¶111).
III. The Accused Instrumentality
Product Identification
The accused instrumentalities are u-blox Systems-on-Chips (SoCs), modules, and devices that provide wireless connectivity (Compl. ¶16). The complaint groups them into three functional categories:
- "u-blox WPS Products": Chips and devices that support Wi-Fi Protected Setup (WPS) functionality.
- "u-blox Wi-Fi Multimedia Products": SoCs and devices that support Wi-Fi Multimedia (WMM) and 802.11-2007+ functionality.
- "Wi-Fi Mesh Products": Chips that support Wi-Fi Mesh functionality.
Functionality and Market Context
The complaint alleges that these products provide core wireless networking capabilities that correspond to the asserted patents (Compl. ¶18). The "WPS Products" are alleged to perform a time-based provisioning process similar to the WPS push-button configuration standard (Compl. ¶20, ¶29). The "Wi-Fi Multimedia Products" are alleged to perform methods for prioritizing data traffic consistent with the WMM standard for Quality of Service (QoS) (Compl. ¶61, ¶71). The "Wi-Fi Mesh Products" are alleged to perform methods for establishing multi-hop wireless networks (Compl. ¶102, ¶111). The complaint includes a screenshot from the Virginia State Corporation Commission website as evidence of Defendant's principal place of business in Reston, VA (Compl. p. 4, Fig. 1).
IV. Analysis of Infringement Allegations
The complaint references claim chart exhibits that are not provided with the filing. The following summaries are based on the narrative infringement allegations for the lead patents.
'285 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| tracking an operating parameter of the wireless device within a service area, wherein the operating parameter of the wireless device comprises an onset of a signal transmission of the wireless device; | The accused u-blox WPS Products allegedly perform a provisioning process that includes tracking an operating parameter of a wireless device, such as the onset of its signal transmission. | ¶30 | col. 5:19-22 |
| and initiating provisioning of the wireless device if the tracked operating parameter occurs within a time interval. | The accused process allegedly initiates provisioning of the wireless device if the tracked parameter occurs within a defined time interval. | ¶30 | col. 5:40-45 |
'596 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| tracking an operating parameter of a first device, wherein the operating parameter of the first device comprises any of a power on of the first device, and an onset of a signal transmission of the first device; | The accused u-blox WPS Products allegedly perform a process for associating devices that includes tracking an operating parameter such as device power-on or onset of signal transmission. | ¶44 | col. 5:19-22 |
| and automatically associating the first device with at least one other device if the tracked operating parameter occurs within a time interval. | The accused process allegedly associates the device with another device if the tracked parameter occurs within a defined time interval. | ¶44 | col. 5:37-40 |
Identified Points of Contention
- Scope Questions: A central question may be whether the accused Wi-Fi Protected Setup (WPS) functionality, a standardized software-driven process, constitutes "tracking an operating parameter" like "power on" or "onset of signal transmission" as required by the claims. The analysis may explore whether initiating a WPS session on a device is equivalent to the physical events described in the patents.
- Technical Questions: For the time-based provisioning patents, the infringement theory appears to depend on the specific implementation of the WPS standard in Defendant’s products. The court may need to determine what specific event the accused products' logic "tracks" to initiate a provisioning or association sequence and whether that event falls within the scope of the claimed "operating parameter."
V. Key Claim Terms for Construction
Term: "operating parameter"
- Context and Importance: This term defines the trigger for the patented time-based provisioning process. Its construction is critical because it determines whether the claims are limited to physical events like "power on," as heavily emphasized in the specification, or if they can be read more broadly to cover software-initiated events like a device entering a WPS pairing mode. Practitioners may focus on this term because the infringement allegations map it to the standardized WPS protocol, which may not explicitly track a "power on" event.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: Claim 1 of the '596 Patent states the parameter "comprises any of a power on... and an onset of a signal transmission," which could be interpreted as a non-exhaustive list.
- Evidence for a Narrower Interpretation: The specifications of the provisioning patents, including the abstracts and detailed descriptions, consistently use "power on" as the primary example of the tracked parameter ('285 Patent, Abstract; '596 Patent, Fig. 3).
Term: "time interval"
- Context and Importance: This term defines the temporal window during which the "operating parameter" must occur to trigger provisioning. The definition of how this interval is initiated, its duration, and its relationship to the user's actions will be central. The dispute may hinge on whether the timing windows used in the accused WPS functionality align with the "acceptance time interval" described in the patents.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specifications describe the interval with some flexibility, providing an example of a "5 minute interval" ('285 Patent, col. 6:8-9), suggesting the exact duration is not fixed.
- Evidence for a Narrower Interpretation: The patent figures and descriptions consistently depict a sequence where a user action (e.g., pressing a button on an access point) initiates the time interval, after which the system checks for a prior device event within that window ('285 Patent, Fig. 5). This could support a narrower construction requiring a specific sequence of user and device actions.
VI. Other Allegations
Indirect Infringement
The complaint alleges that Defendant provides "information and assistance to its customers to enable them to use the Accused Products in an infringing manner" (Compl. ¶17). This suggests a claim for induced infringement, likely based on Defendant's product documentation, user manuals, and technical support that instruct customers on how to use the accused WPS, WMM, and Wi-Fi Mesh functionalities.
Willful Infringement
The prayer for relief seeks a finding of willful infringement and treble damages (Compl. ¶115.c). The complaint does not plead facts establishing pre-suit knowledge of the patents, suggesting any willfulness claim would be predicated on Defendant’s conduct after the complaint was filed.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue for the time-based provisioning patents will be one of definitional scope: can the term "operating parameter," which is described in the context of physical device events like "power on," be construed to cover the software-driven initiation of a Wi-Fi Protected Setup (WPS) session as implemented in the accused products?
- For the traffic detection patents, a key evidentiary question will be one of functional equivalence: does the accused products' implementation of the Wi-Fi Multimedia (WMM) standard perform the specific claimed method of extracting and comparing a bit pattern from a "predetermined position," or does it achieve traffic prioritization through a functionally distinct mechanism?
- A central dispute for the mesh networking patent may be one of technical mapping: do the standardized beaconing and link-establishment processes in the accused "Wi-Fi Mesh Products" meet the specific sequence of steps recited in the asserted claims, including adding nodes to a "neighbor list" and establishing links based on a "predetermined threshold quality level"?