DCT

2:25-cv-01172

Active Wireless Tech LLC v. DISH Network Corp

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:25-cv-01172, E.D. Tex., 05/01/2026
  • Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Texas because Defendants maintain regular and established places of business in the district, advertise their wireless coverage in the district, and place the accused products into the stream of commerce with the expectation they will be purchased and used by consumers in the district.
  • Core Dispute: Plaintiff alleges that Defendants' 3GPP-compliant mobile devices, including phones and tablets sold under the Celero and Summit brands, infringe six patents related to 4G and 5G wireless communication technologies.
  • Technical Context: The patents-in-suit relate to fundamental aspects of 4G/5G mobile communication, including uplink power control, bandwidth management, and system information handling, which are essential for the operation of modern wireless devices.
  • Key Procedural History: The complaint details a complex procedural background, including a pre-suit notice letter sent in April 2025, subsequent failed FRAND licensing negotiations, and a parallel International Trade Commission (ITC) investigation (No. 337-TA-1480) filed by Plaintiff against Defendants in December 2025. This district court action was stayed pending the ITC investigation. Plaintiff also alleges that Defendants filed a "frivolous lawsuit" in the District of Colorado concerning FRAND obligations on the same day they purportedly sought to continue negotiations.

Case Timeline

Date Event
2016-08-09 Priority Date for '955 Patent
2016-08-11 Priority Date for '764 Patent
2017-06-15 Priority Date for '443 Patent
2017-08-10 Priority Date for '566 Patent
2018-01-11 Priority Date for '432 Patent
2018-05-10 Priority Date for '557 Patent
2020-01-07 '443 Patent Issued
2020-03-24 '566 Patent Issued
2020-09-22 '764 Patent Issued
2020-10-13 '955 Patent Issued
2020-12-01 '432 Patent Issued
2021-05-25 '557 Patent Issued
2025-04-11 Plaintiff sends pre-suit notice letter to DISH
2025-12-16 Plaintiff files ITC complaint against DISH
2026-01-15 ITC Investigation No. 337-TA-1480 instituted
2026-02-09 This litigation is stayed pending the ITC investigation
2026-03-24 DISH files suit against Plaintiff in D. Colorado
2026-05-01 First Amended Complaint filed in this action

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 10,805,955, "Terminal Apparatus, Base Station Apparatus, Communication Method, and Integrated Circuit," Issued 10/13/2020

The Invention Explained

  • Problem Addressed: In wireless systems, particularly those using shared spectrum like Licensed Assisted Access (LAA), a user device must efficiently determine its uplink transmission power while also ensuring it does not interfere with other users by transmitting at inappropriate times Compl. ¶49 This requires a mechanism to adjust transmission parameters based on channel availability.
  • The Patented Solution: The patent describes a method for a terminal apparatus to determine its transmit power for the Physical Uplink Shared Channel (PUSCH) Compl. ¶20 The power calculation is based on the number of available transmission symbols, which in turn depends on whether the device must first "listen-before-talk" (LBT) Compl. ¶49 The invention links the calculation of the number of transmission symbols to a parameter ("NLBT") that accounts for situations where initial symbols in a transmission slot are unavailable because the channel is busy '955 Patent, col. 17:59-col. 18:10
  • Technical Importance: This method provides a standardized way to manage uplink power control in complex shared-spectrum environments, which is critical for the coexistence of LTE/5G and Wi-Fi in unlicensed bands.

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 Compl. ¶45
  • The essential elements of independent claim 1 include:
    • A terminal apparatus comprising transmission circuitry and physical layer processing circuitry.
    • The transmission circuitry is configured to transmit a transport block on a PUSCH.
    • The physical layer processing circuitry is configured to determine transmit power for the PUSCH based on a number of SC-FDMA symbols ("NPUSCH-initial_symb").
    • The number of symbols is given based on a parameter "NLBT" and the total number of symbols in an uplink slot ("NUL_symb").
    • The parameter "NLBT" is set to 1 when a signal for a first symbol (index l) is generated based on the content of a subsequent symbol (index l+1).
  • The complaint does not explicitly reserve the right to assert dependent claims for this patent.

U.S. Patent No. 10,855,432, "User Equipments, Base Stations and Methods," Issued 12/01/2020

The Invention Explained

  • Problem Addressed: 5G New Radio (NR) allows a user equipment (UE) to operate on different segments of a carrier, known as bandwidth parts (BWPs), to save power and manage resources efficiently. A technical challenge is managing the signaling resources, such as Channel State Information Reference Signals (CSI-RS), when a UE switches between or deactivates BWPs Compl. ¶21 '432 Patent, col. 1:44-55
  • The Patented Solution: The patent proposes a method where a semi-persistent CSI-RS resource configuration is associated with a specific Downlink (DL) BWP '432 Patent, col. 12:26-30 Upon receiving a command to deactivate that DL BWP, the UE is configured to "consider" the associated CSI-RS resource configuration to be "suspended," thereby avoiding unnecessary signaling and processing while the BWP is not in use '432 Patent, col. 14:5-11
  • Technical Importance: This solution provides a clear and efficient procedure for managing measurement and reporting resources in multi-BWP systems, enhancing power savings and resource management in 5G devices.

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 Compl. ¶58
  • The essential elements of independent claim 1 include:
    • A user equipment that communicates with a base station on one or more DL BWPs.
    • Receiving circuitry configured to receive an activation command for a semi-persistent CSI-RS and/or CSI-IM resource configuration associated with a DL BWP.
    • The receiving circuitry is also configured to receive a deactivation command for that resource configuration.
    • Processing circuitry configured to consider that the semi-persistent CSI-RS and/or CSI-IM resource configuration is suspended when the associated DL BWP is deactivated.
  • The complaint does not explicitly reserve the right to assert dependent claims for this patent.

Multi-Patent Capsules

  • U.S. Patent No. 10,531,443, "Physical Uplink Control Channel (PUCCH) Format Adaptation for 5th Generation (5G) New Radio (NR)," Issued 01/07/2020

    • Technology Synopsis: The patent relates to adapting the format of the physical uplink control channel (PUCCH) based on code block groups (CBGs) '443 Patent, col. 1:21-24 It addresses how a UE should report Hybrid ARQ Acknowledgement (HARQ-ACK) feedback depending on whether the corresponding downlink data was scheduled in a common search space (CSS) or a UE-specific search space (USS) '443 Patent, col. 23:14-col. 24:12
    • Asserted Claims: At least Claim 1 Compl. ¶70
    • Accused Features: The complaint alleges that Defendants' products, when receiving a PDSCH, report one HARQ-ACK bit for the entire transport block if scheduled in a CSS, but report HARQ-ACK bits for all individual CBGs if scheduled in a USS Compl. ¶¶70-73

  • U.S. Patent No. 11,019,557, "Apparatus and Method for Acquisition of Periodically Broadcasted System Information in Wireless Communication," Issued 05/25/2021

    • Technology Synopsis: The patent addresses the acquisition of system information (SI) in wireless communications Compl. ¶23 It provides a method for a UE to handle a failure in acquiring a necessary System Information Block (SIB), requiring it to re-initiate the acquisition process for a higher-level SIB (SIB1) to obtain updated scheduling information '557 Patent, abstract '557 Patent, claim 1
    • Asserted Claims: At least Claim 1 Compl. ¶81
    • Accused Features: The complaint alleges that when Defendants' products fail to acquire a required SI message, they initiate a re-acquisition process to re-acquire the first type SIB (SIB1) from the base station (Compl. ¶¶81; Compl. ¶86).

  • U.S. Patent No. 10,785,764, "Information Change Transmission Method and Device for Single-Cell Multicast Service," Issued 09/22/2020

    • Technology Synopsis: The patent relates to notifying a UE about a change in Single-Cell Multicast Control Channel (SC-MCCH) information, which is used for multicast services '764 Patent, col. 1:1-6 It describes a method where a change notification is received in a different subframe period than the one used to acquire the new multicast information itself '764 Patent, claim 1
    • Asserted Claims: At least Claim 1 Compl. ¶94
    • Accused Features: The complaint alleges Defendants' products receive a Downlink Control Information (DCI) format change notification and, based on that, acquire new SC-MCCH information, where the time periods for the notification and the new information are different Compl. ¶¶94-97

  • U.S. Patent No. 10,601,566, "Multiple Slot Long Physical Uplink Control Channel (PUCCH) Design for 5th Generation (5G) New Radio (NR)," Issued 03/24/2020

    • Technology Synopsis: This patent details a design for a Physical Uplink Control Channel (PUCCH) that spans multiple time slots '566 Patent, col. 3:2-10 It specifies methods for determining frequency hopping and ensuring that the number and location of transmitted symbols are consistent across each slot of the multi-slot transmission '566 Patent, claim 1
    • Asserted Claims: At least Claim 1 Compl. ¶106
    • Accused Features: The complaint alleges Defendants' products are configured for multi-slot PUCCH transmissions where frequency hopping is used and the number and location of symbols for the PUCCH are the same in each slot Compl. ¶¶107-109

III. The Accused Instrumentality

  • Product Identification: The accused instrumentalities are mobile devices, including phones and tablets, sold by DISH under brands including Celero5G SC, Celero5G+ 2024, Celero 3 5G, Celero 2 5G, Celero 5G, DISH Celero5G TAB, and Summit 5G Compl. ¶26
  • Functionality and Market Context: The complaint alleges these are 3GPP-compliant devices capable of operating on 4G LTE and 5G networks (Compl. ¶¶12; Compl. ¶26). The core of the infringement allegation is that by implementing the relevant 3GPP standards, the devices necessarily practice the methods claimed in the patents-in-suit Compl. ¶45 Compl. ¶58 Compl. ¶70 Compl. ¶81 Compl. ¶94 Compl. ¶106 The complaint includes a screenshot from the Boost Mobile website showing the "Celero5G+" and "Celero5G" phones offered for sale, supporting their identification as accused products Compl. p. 7 Defendants are alleged to sell these products directly to consumers through various online channels, including their own website, Amazon, and Walmart Compl. ¶27

IV. Analysis of Infringement Allegations

'955 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a terminal apparatus comprising: transmission circuitry...and physical layer processing circuitry... Each Accused Product is alleged to be a terminal apparatus with the required circuitry by virtue of being a 3GPP-compliant mobile device. ¶46 col. 4:20-25
configured to...transmit a transport block on a Physical Uplink Channel (PUSCH) The Accused Products are alleged to transmit on the PUSCH in compliance with 3GPP standards, which map the Uplink Shared Channel (UL-SCH) transport channel to the PUSCH physical channel. ¶46 col. 16:5-10
configured to determine transmit power for the PUSCH at least based on a number of Single Carrier (SC)-Frequency Division Multiple Access (FDMA) symbols ("NPUSCH-initial_symb") The Accused Products are alleged to determine PUSCH transmit power according to 3GPP standard formulas, which explicitly use the number of SC-FDMA symbols for the initial transmission ("NPUSCH-initial_symb"). ¶47 col. 20:40-59
wherein: the number of the SC-FDMA symbols...is given based on "NLBT" and a number of SC-FDMA symbols included in a uplink slot "NUL_symb" The complaint alleges that the formula for "NPUSCH-initial_symb" in the relevant 3GPP standard is a function of "NUL_symb" and other parameters ("NSRS", "NPUSCH-initial_start", "NPUSCH-initial_end"), where "NPUSCH-initial_start" is alleged to be the standard's implementation of the patent's "NLBT". ¶48 col. 18:50-54
and the "NLBT" is 1 in a case that a signal of a SC-FDMA symbol with index l is generated, based on a content for resource elements, corresponding to a SC-FDMA symbol with index l+1. The complaint alleges this condition is met when the devices operate in Licensed Assisted Access (LAA) mode and perform Listen-Before-Talk (LBT). The complaint provides a table from the 3GPP standard where a DCI format value of '01' or '10' indicates a PUSCH starting position other than the first symbol, which allegedly corresponds to the claimed signal generation condition. ¶¶49-50 col. 18:1-10

The complaint provides a table from the 3GPP TS 36.212 standard specifying the PUSCH starting position based on a 2-bit value, which is central to its infringement theory for the '955 patent Compl. p. 17

  • Identified Points of Contention:
    • Scope Question: A primary question will be whether the 3GPP standard's parameter for a PUSCH starting position not at the beginning of a symbol ("NPUSCH-initial_start") is coextensive with the patent's claimed condition for setting "NLBT" to 1. The dispute may center on whether the standard's implementation of Listen-Before-Talk (LBT) in LAA mode is the same as the specific signal generation logic recited in the claim.
    • Technical Question: The court may need to determine if the generation of a time-continuous signal based on the content of a subsequent symbol, as claimed, is technically equivalent to the accused devices' behavior when a DCI format indicates a delayed PUSCH start, as alleged by the complaint Compl. ¶¶49-50

'432 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a user equipment that communicates with a base station apparatus on one or more downlink bandwidth parts (DL BWPs) The Accused Products are alleged to be 3GPP-compliant UEs that are configured for operation in bandwidth parts (BWPs) of a serving cell. ¶59 col. 2:15-20
receiving circuitry, configured to receive an activation command for at least one of a semi-persistent...CSI-RS and...CSI-IM resource configuration The Accused Products are alleged to receive activation commands for semi-persistent CSI-RS/CSI-IM resource sets via a MAC CE, as defined by 3GPP standards. ¶60 col. 10:20-26
the semi-persistent CSI-RS and CSI-IM resource configuration being associated with a DL BWP... The complaint cites 3GPP standards providing that each CSI Resource Setting is located in a DL BWP identified by a higher layer parameter. ¶60 col. 12:26-30
the receiving circuitry, configured to receive a deactivation command for the...resource configuration The Accused Products are alleged to receive deactivation commands for the same resource sets, also via a MAC CE, as defined by 3GPP standards. ¶61 col. 10:20-30
and processing circuitry, configured to consider that the...resource configuration is suspended, in a case that the associated DL BWP is deactivated. The complaint alleges this is met by citing a 3GPP standard stating that an active semi-persistent CSI-RS/CSI-IM resource configuration is "considered suspended" when the corresponding DL BWP is not active. ¶62 col. 14:5-11
  • Identified Points of Contention:
    • Scope Question: The infringement theory hinges on the term "suspended." A central question for the court will be whether the state described as "considered suspended" in the 3GPP standard Compl. ¶62 falls within the legal scope of the claimed "processing circuitry, configured to consider that the... configuration is suspended."
    • Technical Question: An evidentiary question may arise as to what technical operations an accused device's "processing circuitry" actually performs when it "considers" a resource "suspended." Does this involve specific software or hardware actions that align with the patent's teachings, or is it merely a logical state within the 3GPP protocol?

V. Key Claim Terms for Construction

For the '955 Patent

  • The Term: "the NLBT is 1 in a case that a signal of a SC-FDMA symbol with index l is generated, based on a content for resource elements, corresponding to a SC-FDMA symbol with index l+1"
  • Context and Importance: This term is the crux of the infringement allegation for the '955 Patent. The Plaintiff's theory is that this specific condition is met when the accused devices operate in LAA mode and perform LBT, resulting in a delayed PUSCH start Compl. ¶¶49-50 The construction of this complex, functional language will determine if the behavior of a standard-compliant LAA device infringes.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The patent's claims use general functional language ("a signal...is generated, based on a content..."), which a plaintiff may argue covers any implementation where the timing or content of one symbol depends on the content of a future one, such as waiting for a channel to be clear.
    • Evidence for a Narrower Interpretation: The specification describes specific embodiments of how this signal generation occurs in the context of Listen-Before-Talk '955 Patent, FIG. 11 '955 Patent, col. 22:1-23 A defendant may argue that the claim should be limited to these specific disclosed mechanisms, potentially distinguishing them from the exact implementation in the accused products.

For the '432 Patent

  • The Term: "suspended"
  • Context and Importance: The infringement case for the '432 Patent turns on this term. The complaint alleges direct infringement by pointing to a 3GPP standard that uses the exact word "suspended" to describe the state of a CSI-RS configuration when its associated BWP is inactive Compl. ¶62 Practitioners may focus on this term because its construction will determine if the standard's definition of "suspended" is legally equivalent to the patent's claimed "suspension."
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The patent uses the term "suspended" without providing an explicit, limiting definition, which may support an argument that it should be given its plain and ordinary meaning, which could encompass the state of inactivity described in the 3GPP standard. The abstract states the configuration "is suspended when the associated DL BWP is being deactivated," suggesting a direct causal link that a plaintiff could argue is general in nature '432 Patent, abstract
    • Evidence for a Narrower Interpretation: The specification may provide context or examples that suggest "suspended" entails a specific technical action beyond mere inactivity, such as clearing a configuration from memory or placing a specific circuit in a low-power state. A defendant could argue the term should be limited to such specific actions if they are presented as essential to the invention '432 Patent, col. 14:5-11

VI. Other Allegations

  • Indirect Infringement: For all six patents-in-suit, the complaint alleges induced infringement under 35 U.S.C. § 271(b). The allegations are based on DISH's affirmative acts of manufacturing, selling, and distributing the Accused Products, along with providing "instructions, documentation, technical support, marketing, product manuals, advertisements, and online documentation" that allegedly encourage and instruct partners and end-users to use the products in an infringing manner Compl. ¶51 Compl. ¶63 Compl. ¶74 Compl. ¶87 Compl. ¶99 Compl. ¶110
  • Willful Infringement: The complaint alleges that DISH's infringement has been and continues to be willful for all six patents. This allegation is based on DISH having received actual notice of the patents and its alleged infringement via a letter from Plaintiff dated April 11, 2025 (Compl. ¶¶53; Compl. ¶65; Compl. ¶76; Compl. ¶89; Compl. ¶101; Compl. ¶112).

VII. Analyst's Conclusion: Key Questions for the Case

This litigation presents several complex issues for the court, revolving around the intersection of patent claims and industry standards.

  • A central issue will be one of standard-essentiality and claim scope: The complaint's infringement theory is predicated on the assertion that compliance with 3GPP 4G/5G standards inherently results in infringement of the patents-in-suit. A key question for the court will be to determine if the specific language of the asserted claims is truly coextensive with the mandatory functions described in the cited standards, or if there are non-infringing ways to be standard-compliant.
  • A key evidentiary question will be one of functional implementation: Does the operation of the accused devices, as dictated by the 3GPP standards, perform the same function in substantially the same way to achieve the same result as the patented methods? For example, with the '432 patent, does the logical state of being "considered suspended" under the 3GPP protocol constitute the technical action of being "suspended" as claimed in the patent?
  • Parallel to the technical infringement dispute, the case involves significant FRAND licensing and contract-related claims. The court will likely need to adjudicate whether the parties, particularly DISH, met their good-faith negotiation obligations under ETSI's FRAND policy, a determination that could impact damages and the availability of injunctive relief.
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