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TQ Delta LLC v. ADTRAN, Inc.

United States District Court, D. Delaware

October 31, 2019

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

          MEMORANDUM OPINION

          ANDREWS, U.S. DISTRICT JUDGE

         Currently before me are seven motions submitted by TQ Delta and ADTRAN regarding Family 10. This opinion will address ADTRAN's Motion for Summary Judgment of Invalidity of Claims 5 and 14 of U.S. Patent No. 8, 625, 660 (D.I. 721) and TQ Delta's Motion for Summary Judgment of No. Invalidity of Claims 5 and 14 of U.S. Patent No. 8, 625, 660 (D.I. 728).[1] I have reviewed the parties' briefing and related papers. (D.I. 722, 770, 789, 730, 767, 784). 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. 1). ADTRAN countersued. (C.A. 15-121, D.I. 1). I have divided the case into separate trials based on families of patents. (D.I. 369). This motion relates to the Family 10 patent and specifically to the issue of invalidity of the '660 patent.

         A. The'660 Patent

         The '660 patent relates to increasing the data rate and impairment immunity of multicarrier communications systems by assigning different margins to individual carriers. The '660 patent claims relate to modulating bits onto sets of carriers using different signal to noise ratio margins. The asserted claims of the '660 patent read as follows:

5. An apparatus comprising:
A multicarrier communications transceiver operable to modulate a first plurality of bits onto a first plurality of carriers using a first Signal to Noise Ratio (SNR) margin and to modulate a second plurality of bits onto a second plurality of carriers using a second SNR margin,
wherein the first plurality of carriers is different than the second plurality of carriers,
wherein the first SNR margin specifies a first value for an increase in noise associated with the first plurality of carriers, wherein the second SNR margin specifies a second value for an increase in noise associated with the second plurality of carriers, and wherein the first value for the increase in noise is different than the second value for the increase in noise.

('660 patent, cl. 5).

14. A multicarrier communications transceiver operable to demodulate a first plurality of bits from a first plurality of carriers using a first Signal to Noise Ratio (SNR) margin and to demodulate a second plurality of bits from a second plurality of carriers using a second SNR margin,
wherein the first plurality of carriers is different than the second plurality of carriers,
wherein the first SNR margin specifies a first value for an increase in noise associated with the first plurality of carriers, wherein the second SNR margin specifies a second value for an increase in noise associated with the second plurality of carriers, and
wherein the first value for the increase in noise is different than the second value for the increase in noise.

('660 patent, cl. 14).

         B. The Prior Art

         The Parties do not dispute that the references at issue are prior art to the '660 patent. (D.I. 730, 770). The Parties also largely agree on the content of the prior art.

         1. U.S. Patent No. 6, 516, 027 ...


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