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TQ Delta LLC v. Adtran Inc.

United States District Court, D. Delaware

September 12, 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, 647).[1] This opinion will address TQ Delta's Motion for Summary Judgment of No. Invalidity of the Asserted Claims of U.S. Patent No. 8, 595, 577 (D.I. 647) and ADTRAN's Motion for Summary Judgment of Invalidity of U.S. Patent Nos. 8, 595, 577 (D.I. 635). The parties have fully briefed the issues. (D.I. 636, 648, 680, 682, 703, 705). After full consideration of the briefing, the motions are 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 claims 30, 53, and 55 of U.S Patent No. 8, 595, 577 ("the '577 patent"), 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"). 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 claims of the '577 patent read as follows:

30. An apparatus comprising:
a multicarrier transceiver operable to receive at least one packet using deinterleaving, and transmit at least one message without using interleaving, wherein the at least one message includes information that indicates an acknowledgement (ACK) or a negative acknowledgement (NACK) of the at least one packet, wherein the at least one packet comprises one or more Reed-Solomon codewords.
53. An apparatus comprising:
a multicarrier transceiver operable to transmit at least one packet using interleaving, and receive at least one message without using interleaving, wherein the at least one message includes information that indicates an acknowledgement (ACK) or a negative acknowledgement (NACK) of the at least one packet, wherein the at least one packet comprises one or more Reed-Solomon codewords.
55. The apparatus of claim 53, wherein the transceiver is operable to retransmit at least one packet using interleaving.

('577 patent, els. 30, 53, 55).

         TQ Delta has filed a motion for summary judgment of no invalidity of the '577 patent. (D.I. 647). ADTRAN has filed a motion for summary judgment of invalidity of the '577 and '784 patents. (D.I. 635). TQ Delta requests that I grant summary judgment of no invalidity under 35 U.S.C. § 101, § 102, § 103, and § 112. (D.I. 648 at 20). ADTRAN has conceded that it is only asserting invalidity theories under § 103 for Family 9. (D.I. 684 at 2). Thus, I will grant summary judgment of no ...


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