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TQ Delta LLC v. ADTRAN, Inc.

United States District Court, D. Delaware

October 4, 2019

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

          MEMORANDUM ORDER

          Richard G. Andrews United States District Judge

         Pending before the Court is ADTRAN's Motion for Reargument and Claim Construction in light of the Court's Opinion (D.I. 804) on ADTRAN's Motion for Claim Construction and Summary Judgment on the '956 and '411 Patents. (D.I. 831).[1] I have reviewed the parties' briefing and related papers. (D.I. 831, 859).

         I. BACKGROUND

         The motion arises from an ongoing dispute between the parties as to ten of the patents-in-suit (the "Disputed Patents").[2] I summarized the relevant background in my September 11, 2019 Summary Judgment Opinion and incorporate that background here. (D.I. 804 at 1-2).

         II. DISCUSSION

         A. "[T]he [first/second] allocated portion of the shared memory" in '956 patent, claim 31

         ADTRAN requests that I construe the term "the [first/second] allocated portion of the shared memory" in claim 31 of the '956 patent to mean "the total amount of the shared memory allocated during the allocating to the [deinterleaving/packet retranmission] function." (D.I. 831 at 3). ADTRAN argues that because TQ Delta disagrees with exactly what is included in the "shared memory," I must construe the term. (Id. at 2). This dispute, however, is not one of claim scope, but instead about how the term is applied to the accused products. (See D.I. 804 at 7-8). This fact question is reserved for the jury, thus ADTRAN's motion is DENIED as to this term.

         B. "[T]he memory" in '411 patent, claim 10

         ADTRAN asks that I construe the term "the memory" in claim 10 of the '411 patent to mean the "total amount of memory allocated during the allocating of the memory." (D.I. 831 at 4). Similar to above, the issue here is not of the scope of "the memory" but rather how "the memory" applies to the accused products. (See D.I. 804 at 8). This too is a question of fact for the jury and ADTRAN's motion is DENIED as to this term.

         C. "[H]as been allocated" in '411 patent, claim 10

         In my September 11, 2019 Memorandum Opinion, I construed the term "memory . .. allocated" to have its plain and ordinary meaning. (D.I. 804 at 7). Because the phrase has multiple plain and ordinary meanings, the instant meaning must be ascertained from the context of the particular claim. (Id. at 6). The parties now contend that there is a dispute as to what the plain and ordinary meaning of "memory . . . allocated" is in the context of '411 patent, claim 10. (D.I. 831 at 4-5; D.I. 859 at 7). "[T]he plain and ordinary meaning may be inadequate when a term has more than one 'ordinary' meaning or when reliance on a term's 'ordinary' meaning does not resolve the parties' dispute." 02 Micro Int'l Ltd. v. Beyond Innovation Tech. Co., Ltd., 521 F.3d 1351, 1361 (Fed. Cir. 2008). This dispute is over claim scope, not of the surrounding facts, and so I must resolve it.

         Claim 10 of the '411 patent reads:

         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 memory has ...

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