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TQ Delta, LLC v. Adtran Inc.

United States District Court, D. Delaware

September 11, 2019

TQ DELTA, LLC, Plaintiff,
v.
ADTRAN, INC., Defendant. ADTRAN, INC., Plaintiff and Counterclaim Defendant,
v.
TQ DELTA, LLC, Defendant and Counterclaim Plaintiff.

          Brian 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.

          MEMORANDUM OPINION

          ANDREWS, U.S. DISTRICT JUDGE

         Currently pending before the Court are the parties' various motions for summary judgment. (D.I. 635, 637, 645, 647).[1] 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.

         I. BACKGROUND

         Plaintiff 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).

         The 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 function.

('956 patent, els. 31). The asserted claim of the '411 patent reads as follows:

10. A transceiver capable of packet retransmission comprising:
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 ...

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