United States District Court, D. Delaware
E. Farnan and Michael J. Farnan, FARNAN LLP, Wilmington, DE;
Peter J. McAndrews, Timothy J. Malloy, Thomas J. Wimbiscus,
Sharon A. Hwang, Paul W. McAndrews, and Anna M. Targowska,
MCANDREWS, HELD & MALLOY, LTD., Chicago, IL, attorneys
for Plaintiff TQ Delta LLC.
Kenneth L. Dorsney, MORRIS JAMES LLP, Wilmington, DE; Garland
Stephens, Melissa L. Hotze, Justin L. Constant and Rene E.
Mai, WEIL, GOTSHAL & MANGES LLP, Houston, TX, attorneys
for Defendant ADTRAN, Inc.
ANDREWS, U.S. DISTRICT JUDGE
pending before the Court are the parties' various motions
for summary judgment. (D.I. 635, 637, 645,
647). This opinion will address ADTRAN's
Motion for Summary Judgment of Non-Infringement of U.S.
Patent Nos. 8, 335, 956, 8, 468, 411 and 8, 645, 784. (D.I.
645). The parties have fully briefed the issues. (D.I. 646,
686, 701). After full consideration of the briefing, the
motion is resolved as follows.
TQ Delta filed this lawsuit against Defendant ADTRAN on July
17, 2014 asserting infringement of thirty-two patents.
(D.I.I). ADTRAN has countersued. (C.A. 15-121, D.I. 1). I
have divided the case into separate trials based on families
of patents. (D.I. 369). For the Family 9 trial, TQ Delta
currently asserts claim 31 of U.S. Patent No. 8, 335, 956
("the '956 patent"), claim 10 of U.S. Patent
No. 8, 468, 411 ("the '411 patent"), and claim
7 of U.S. Patent No. 8, 645, 784 ("the '784
patent"). I have granted summary judgment of
noninfringement as to claims 30, 53, and 55 of U.S. Patent
No. 8, 595, 577. (D.I. 800; D.I. 801). The Accused Products
are those products containing the BCM65300 chipset. (D.I. 644
at 1 n. 1).
Family 9 patents are "directed to various aspects of
packet retransmission and memory sharing in communications
systems." (D.I. 447 at 1). The asserted claim of the
'956 patent reads as follows:
31. A system to share memory between a deinterleaving
function and a packet retransmission function comprising:
a transceiver capable of:
transmitting to another transceiver or receiving from another
transceiver a message indicating:
an amount of the memory is to be allocated to the
deinterleaver function, and an amount of the shared memory is
to be allocated to the packet retransmission function;
allocating a first portion of the shared memory to the
deinterleaving function; and allocating a second portion of
the shared memory to the packet retransmission function,
wherein the first allocated portion of the shared memory is
no more than the amount of memory indicated in the message
for the deinterleaving function and the second allocated
portion of the shared memory is no more than the amount of
memory indicated in the message for the retransmission
('956 patent, els. 31). The asserted claim of the
'411 patent reads as follows:
10. A transceiver capable of packet retransmission
a transmitter portion capable of: transmitting a plurality of
packets, identifying at least one packet of the plurality of
packets as a packet that should be retransmitted and
allocating a memory between a retransmission function and an
interleaving and/or deinterleaving function, wherein at least
a portion of the memory may be allocated to the
retransmission function or to the interleaving and/or
deinterleaving function at any one particular time, and
wherein a message transmitted during initialization indicates
how the ...