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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 TQ Delta's Motion for Summary Judgment of Infringement of Claims 5 and 14 of U.S. Patent No. 8, 625, 660 (D.I. 723), ADTRAN's Motion for Summary Judgment of Non-infringement - Family 10 (D.I. 737), and ADTRAN's Motion to Strike Portions of TQ Delta's Family 10 Reply and Supplemental Expert Reports (D.I. 732).[1] I have reviewed the parties' briefing and related papers. (D.I. 725, 765, 790; 738, 773, 791; 733, 772, 788). For the reasons explained more fully below, I will deny TQ Delta's motion for summary judgment, grant ADTRAN's motion for summary judgment, and dismiss ADTRAN's Motion to Strike as moot.

         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). The patent-in-suit represents "Family 10" of the patents that Plaintiff has asserted against Defendant ADTRAN. (D.I. 318, at 1). 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 an apparatus for 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 ...

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