DCT

2:25-cv-01239

Epic Lane Networks LP v. Verizon Business Network Services LLC

Log In
Key Events
Amended Complaint
complaint Intelligence

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:25-cv-01239, E.D. Tex., 04/23/2026
  • Venue Allegations: Venue is based on Defendants' substantial business in the district, including operating retail locations, network infrastructure, and deriving revenue from residents.
  • Core Dispute: Plaintiff alleges that Defendant's 5G wireless network infrastructure, particularly its implementation of network virtualization (vRAN) and network slicing, infringes eight U.S. patents related to device abstraction, virtualized network management, and Quality of Service (QoS) chaining.
  • Technical Context: The lawsuit concerns network function virtualization (NFV) and software-defined networking (SDN), core technologies enabling the flexible, efficient, and scalable operation of modern 5G telecommunication networks.
  • Key Procedural History: The complaint alleges that Plaintiff provided Defendants with actual notice of infringement for most of the asserted patents on March 21, 2025, which included providing claim charts for at least one patent. This pre-suit notice may be significant for any potential claims of willful infringement.

Case Timeline

Date Event
2009-11-02 Priority Date for '846, '359, '520, '450 Patents
2014-08-27 Priority Date for '588, '092 Patents
2018-06-29 Priority Date for '305, '059 Patents
2018-08-14 U.S. Patent No. 10,050,846 Issues
2021-02-16 U.S. Patent No. 10,924,359 Issues
2021-08-03 U.S. Patent No. 11,082,305 Issues
2023-07-04 U.S. Patent No. 11,695,588 Issues
2023-12-12 U.S. Patent No. 11,843,520 Issues
2024-03-05 U.S. Patent No. 11,924,059 Issues
2025-03-21 Plaintiff provides notice of infringement to Defendant
2025-06-17 U.S. Patent No. 12,335,092 Issues
2025-06-30 Plaintiff provides notice of infringement of '092 Patent
2026-03-24 U.S. Patent No. 12,587,450 Issues
2026-03-25 Plaintiff provides notice of infringement of '450 Patent
2026-04-23 First Amended Complaint Filed

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

U.S. Patent No. 10,924,359 - "Device Abstraction Proxy"

  • Patent Identification: U.S. Patent No. 10,924,359, titled "Device Abstraction Proxy," issued on February 16, 2021.

The Invention Explained

  • Problem Addressed: The patent family addresses the technical challenges of efficiently utilizing, allocating, and managing network resources, which is hindered by the complexity of managing individual network devices, particularly in multi-tenant environments like DSL wholesale/resale markets Compl. ¶42 '846 Patent, col. 2:45-62
  • The Patented Solution: The invention proposes a "Device Abstraction Proxy" that creates virtual representations of physical network hardware Compl. ¶41 A centralized management entity can then instantiate and allocate resources to these "virtual access aggregation devices," linking them to logical ports and managing them according to defined rules, thereby abstracting the complexity of the underlying physical infrastructure '846 Patent, abstract '846 Patent, col. 7:4-24 Figure 1A of the parent '846 patent illustrates the architecture, showing a management entity interacting with an access node Compl. ¶45
  • Technical Importance: This architecture enables the creation of multiple, isolated user domains with varying service levels that can be dynamically managed, which is a foundational concept for technologies like network slicing Compl. ¶42

Key Claims at a Glance

  • The complaint asserts at least claims 1, 3-7, 9, 10, and 12-17 Compl. ¶129 Independent claim 1 is asserted.
  • Essential elements of independent claim 1 include:
    • A network management apparatus comprising a plurality of physical access aggregation interfaces coupled to a plurality of physical access aggregation devices.
    • The physical access aggregation devices providing broadband communication services to a plurality of remote broadband terminals.
    • A management entity coupled to the interfaces that creates a plurality of virtual access aggregation devices related to the physical devices.
    • The virtual access aggregation devices performing functions that support logical aggregation networks with characteristics defined by service definition rules.
  • The complaint reserves the right to assert other claims, including dependent claims Compl. ¶221

U.S. Patent No. 11,843,520 - "Device Abstraction Proxy"

  • Patent Identification: U.S. Patent No. 11,843,520, titled "Device Abstraction Proxy," issued on December 12, 2023.

The Invention Explained

  • Problem Addressed: As part of the same patent family as the '359 patent, this patent addresses similar issues of managing physical network resources in a flexible and efficient manner Compl. ¶¶41-42
  • The Patented Solution: The '520 patent claims a system for virtualizing an access aggregation device to provide for logical access network configuration and operation Compl. ¶49 It focuses on the system components, including a physical device with physical ports and a "remotely located" virtualization device with logical ports, and the mechanism for associating the logical ports with the physical ports to enable communication '520 Patent, claim 17 This provides for "segregated control of network resources to selectively enhance a performance characteristic of a logical network" Compl. ¶51
  • Technical Importance: This solution provides a system-level framework for achieving the benefits of network virtualization, such as configurable network performance and segregated control over physical resources Compl. ¶¶50-51

Key Claims at a Glance

  • The complaint asserts at least claims 17 and 20 Compl. ¶134 Independent claim 17 is asserted.
  • Essential elements of independent claim 17 include:
    • An access aggregation virtualization system comprising an access aggregation device with one or more physical ports to communicate with a first network device.
    • An access aggregation virtualization device comprising one or more logical ports and a control or communication interface.
    • The access aggregation virtualization device establishes one or more links to the access aggregation device and is remotely located from it.
    • The access aggregation virtualization device associates the logical ports with the physical ports to enable communication between the first network device and a second network device.
  • The complaint reserves the right to assert other claims Compl. ¶236

U.S. Patent No. 10,050,846 - "Device Abstraction Proxy"

  • Patent Identification: U.S. Patent No. 10,050,846, "Device Abstraction Proxy," issued August 14, 2018.
  • Technology Synopsis: As the parent to the '359 and '520 patents, the '846 patent introduces the core concept of using a device abstraction proxy to create virtual access aggregation devices. A centralized management system manages these virtual devices, allocating physical ports to them and linking them to logical ports to provide broadband services under defined operational constraints Compl. ¶¶41-44
  • Asserted Claims: At least claims 1, 2, 3, 4, 6, 8, 13, and 19 Compl. ¶140
  • Accused Features: Verizon's 5G access network architecture, which allegedly uses gNBs (gNodeB's) as physical access aggregation devices and a 3GPP management system to create and manage "NetworkSliceSubnet instances" as virtual access aggregation devices Compl. ¶¶140-141

U.S. Patent No. 11,695,588 - "Systems, Methods, and Apparatuses for Implementing Persistent Management Agent (PMA) Functions for the Control and Coordination of DPU and DSLAM Components"

  • Patent Identification: U.S. Patent No. 11,695,588, "Systems, Methods, and Apparatuses for Implementing Persistent Management Agent (PMA) Functions for the Control and Coordination of DPU and DSLAM Components," issued July 4, 2023.
  • Technology Synopsis: This patent is directed to an architecture for virtualizing specific functions in a radio access network (RAN). It enables a departure from RANs that rely completely on dedicated hardware by using a functions abstraction layer to process network element functions on a virtualized computing structure, which is updated in response to operational data received from broadband access network elements Compl. ¶¶58-62
  • Asserted Claims: At least claims 1, 4, 10, 17, 18, and 19 Compl. ¶149
  • Accused Features: Verizon's 5G network, which has evolved to a cloud-based, virtualized architecture using Open RAN (O-RAN). This includes a functional split of gNBs into virtualized Central Units (vCU) and Distributed Units (vDU), which allegedly practice the claimed virtualization and use of a functions abstraction layer Compl. ¶¶150-158

U.S. Patent No. 12,335,092 - "Systems, Methods, and Apparatuses for Implementing the Virtualization of Access Node Functions"

  • Patent Identification: U.S. Patent No. 12,335,092, "Systems, Methods, and Apparatuses for Implementing the Virtualization of Access Node Functions," issued June 17, 2025.
  • Technology Synopsis: Related to the '588 patent, the '092 patent claims an architecture for managing a partially virtualized RAN. It applies software-defined networking principles and an abstraction layer to manage underlying network functions, particularly splitting functions between virtualized components (like a gNB-CU) and physical components (like a Radio Unit) Compl. ¶¶59-60 Compl. ¶167
  • Asserted Claims: At least claims 1, 3, 4, 10, 11, 12, 13, 16, and 17 Compl. ¶166
  • Accused Features: Verizon's 5G systems that virtualize physical cellular radio access nodes. The complaint alleges that Verizon's virtualized gNB-CU and DU connect to physical Radio Units (RUs) via a fronthaul interface, implementing the claimed virtualization of network functions like traffic management and QoS monitoring Compl. ¶¶166-168

U.S. Patent No. 11,924,059 - "Systems and Methods for Chaining Control-Plane Virtual Functions for Ensuring End-to-End Quality of Service (QOS) of Internet Services"

  • Patent Identification: U.S. Patent No. 11,924,059, "Systems and Methods for Chaining Control-Plane Virtual Functions for Ensuring End-to-End Quality of Service (QOS) of Internet Services," issued March 5, 2024.
  • Technology Synopsis: This patent describes "QoS chaining," which operates on QoS data and configurations in the control plane, a higher abstraction layer than traditional data-plane service chaining. An End-to-End (E2E) orchestrator coordinates or chains the interchange of QoS data across multiple Virtual Network Functions (VNFs) to ensure end-to-end service levels Compl. ¶¶67-69
  • Asserted Claims: At least claims 1, 5, 6, 7, 8, 9, 11, and 16 Compl. ¶191
  • Accused Features: Verizon's 3GPP Management System, which is alleged to consist of logical management functions (MFs) in the control plane that are chained together to create network slices with end-to-end service guarantees. This system is alleged to act as an orchestrator that performs closed-loop assurance Compl. ¶¶191-195

U.S. Patent No. 11,082,305 - "Systems and Methods for Chaining Control-Plane Virtual Functions for Ensuring End-to-End Quality of Service (QOS) of Internet Services"

  • Patent Identification: U.S. Patent No. 11,082,305, "Systems and Methods for Chaining Control-Plane Virtual Functions for Ensuring End-to-End Quality of Service (QOS) of Internet Services," issued August 3, 2021.
  • Technology Synopsis: As a related patent to the '059 patent, this invention also focuses on QoS chaining in the control plane. It claims a system where VNFs, representing data-plane objects, communicate with each other and an E2E orchestrator to enable end-to-end QoS. The system runs on a virtual infrastructure and manages services via the plurality of VNFs and the orchestrator (Compl. ¶¶64; Compl. ¶318).
  • Asserted Claims: At least claims 1, 2, 4, 7, 8, 9, 11, 13, 15, and 18 Compl. ¶201
  • Accused Features: Verizon's 3GPP Management System, which is alleged to function as an E2E orchestrator in the control plane, chaining logical management functions (MnFs) together to create and manage network slices that satisfy end-to-end service level specifications Compl. ¶¶201-203

U.S. Patent No. 12,587,450 - "Device Abstraction Proxy"

  • Patent Identification: U.S. Patent No. 12,587,450, "Device Abstraction Proxy," issued March 24, 2026.
  • Technology Synopsis: This patent, also in the "Device Abstraction Proxy" family, claims a method for monitoring and managing a logical aggregation network. It includes instantiating virtual access aggregation devices related to physical ones, performing functions to support logical networks (network slices), and using a management entity to receive operational data and issue instructions to affect performance (Compl. ¶¶41; Compl. ¶333).
  • Asserted Claims: At least claim 1 Compl. ¶215
  • Accused Features: Verizon's 5G vRAN, which is alleged to include a management system that creates virtual access aggregation devices (NetworkSliceSubnets) related to physical gNBs. This system is alleged to create network slices, receive performance data, and issue instructions to modify the network Compl. ¶¶216-219

III. The Accused Instrumentality

Product Identification

The accused instrumentalities are Verizon's 5G wireless networks and associated products and services, collectively referred to as the "Accused Products" Compl. ¶220 This includes Verizon's virtualized Radio Access Network (vRAN), network slicing products such as "Verizon Frontline," Verizon Managed Network Services, Verizon Private 5G Network Solutions, and Verizon Virtual Network Services (Compl. ¶¶74; Compl. ¶77; Compl. ¶82).

Functionality and Market Context

The complaint alleges that Verizon has adopted and deployed the patented technologies in its 5G networks, leveraging network function virtualization (NFV) and software-defined networking (SDN) Compl. ¶74 This involves a "massive evolution to a cloud-based architecture, widespread virtualization, and aggressive adoption of Open RAN" Compl. ¶93 Key accused functionalities include:

  • Virtualization (vRAN): Verizon's vRAN architecture allegedly "decouples RAN hardware from software" and runs software elements on common-off-the-shelf servers instead of dedicated hardware (Compl. ¶¶92; Compl. ¶95). This architecture utilizes a virtualized Central Unit (vCU) and Distributed Unit (vDU) Compl. ¶94
  • Network Slicing: This is described as a virtual networking technology that "allows multiple logical networks to be created on top of a common shared physical network" Compl. ¶83 Verizon allegedly offers network slicing as a commercial product, such as "Verizon Frontline," to dedicate portions of its network for specific customer needs like public safety agencies (Compl. ¶¶82; Compl. ¶84). An infographic cited in the complaint shows that 98% of surveyed enterprises expect meaningful benefits from IoT, with network slicing being a key enabling technology Compl. ¶85
  • Orchestration and Management: Verizon is alleged to implement a functions abstraction layer, a management and orchestration architecture, and an E2E orchestrator to deliver its services (Compl. ¶¶75; Compl. ¶77). This system is alleged to use a RAN Intelligent Controller (RIC) and other components to automate network configurations and dynamically manage resources (Compl. ¶¶93; Compl. ¶106).

IV. Analysis of Infringement Allegations

U.S. Patent No. 10,924,359 Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a network management apparatus comprising: a plurality of physical access aggregation interfaces coupled to a plurality of physical access aggregation devices; Verizon's 5G vRAN includes gNodeB's (gNBs), which act as physical access aggregation devices, providing broadband services via NR-Uu radio interfaces Compl. ¶129 ¶129 col. 7:4-14
the plurality of physical access aggregation devices provides one or more broadband communication services to a plurality of remote broadband terminals; The gNBs in Verizon's vRAN provide broadband services to remote User Equipment (UEs), which are the remote broadband terminals Compl. ¶129 ¶129 col. 7:10-14
and a management entity coupled to the plurality of physical access aggregation interfaces, Verizon's 3GPP management system acts as the management entity and is coupled to the gNBs Compl. ¶130 ¶130 col. 8:25-47
the management entity creates a plurality of virtual access aggregation devices related to the plurality of physical access aggregation devices, The 3GPP management system allegedly creates a plurality of "NetworkSliceSubnets," which are the virtual access aggregation devices, and which are related to the gNBs Compl. ¶130 ¶130 col. 8:28-34
the plurality of virtual access aggregation devices performs functions that support associated logical aggregation networks with network characteristics defined by service definition rules. The created NetworkSliceSubnet instances allegedly perform functions to support logical aggregation networks (components of a network slice) with characteristics (e.g., priority, latency, data rates) defined by service definition rules (Compl. ¶131; Compl. ¶132; Compl. ¶133). ¶131; ¶133 col. 2:35-44

U.S. Patent No. 11,843,520 Infringement Allegations

Claim Element (from Independent Claim 17) Alleged Infringing Functionality Complaint Citation Patent Citation
an access aggregation virtualization system comprising: an access aggregation device comprising one or more physical ports to communicate with at least a first network device; Verizon's 5G vRAN includes gNBs, which are the access aggregation devices. Their physical ports manage access to the radio interface, connecting a UE (the first network device) to the 5G core network Compl. ¶134 ¶134 col. 7:4-14
and an access aggregation virtualization device comprising one or more logical ports and at least one of a control interface or a communication interface, Verizon's management system represents physical resources as a plurality of Network Slice Subnet instances, which are the access aggregation virtualization devices. UEs connect to network slices through the logical ports of these subnets Compl. ¶135 ¶135 col. 8:25-34
the access aggregation virtualization device establishes one or more links to the access aggregation device, which is remotely located from the access aggregation virtualization device, The Verizon management system provisions a RAN Network Slice Subnet by establishing links to the relevant RAN network functions (the gNBs), which are remotely located from the management system Compl. ¶137 ¶137 col. 8:49-54
the aggregation virtualization device and associates the one or more logical ports with the one or more physical ports to enable a communication between the first network device and a second network device. The management system associates logical network slices with the physical resources of a gNB. Once a UE (first network device) connects, it can communicate through the 5G network with a second network device (Compl. ¶¶137; Compl. ¶139). ¶137; ¶139 col. 8:45-48

Identified Points of Contention

  • Scope Questions: The asserted patents in the '359 and '520 family frequently describe the invention in the context of Digital Subscriber Line (DSL) technology '846 Patent, abstract '846 Patent, col. 2:45-62 A central question for the court will be whether claim terms rooted in that context, such as "access aggregation device" and "remote broadband terminals," can be construed to cover modern 5G network components like gNodeB's and User Equipment (UEs) as alleged by the complaint Compl. ¶129 Compl. ¶130
  • Technical Questions: The complaint alleges that Verizon's 3GPP-compliant "NetworkSliceSubnet instances" are the claimed "virtual access aggregation devices" Compl. ¶130 The infringement analysis may turn on whether the functionality of these standards-based "subnets" in Verizon's network is technically equivalent to the specific functions required by the claims, such as how they are created, managed, and linked to physical resources '359 Patent, claim 1 '520 Patent, claim 17 The complaint uses a diagram of the NG-RAN architecture to illustrate how gNBs provide broadband services via network slicing functions Compl. ¶129

V. Key Claim Terms for Construction

Term: "virtual access aggregation device" (from '359 patent, claim 1 and '520 patent, claim 17)

  • Context and Importance: This term is the core of the asserted invention. Its definition will be critical to determining whether Verizon's "NetworkSliceSubnet instances" Compl. ¶130 or other virtualized components of its 5G network fall within the scope of the claims. Practitioners may focus on this term because its interpretation will likely decide whether technology developed in a DSL context can read on modern 5G network slicing architectures.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The claims themselves do not limit the term to a specific technology like DSL. Claim 1 of the '359 patent broadly requires the device to "perform functions that support associated logical aggregation networks with network characteristics defined by service definition rules," language that is technology-agnostic. The detailed description also mentions the goal is to provide a "convenient and intuitive representation" for service resellers, which could support a broader application beyond just DSL '846 Patent, col. 8:51-54
    • Evidence for a Narrower Interpretation: The abstract and background of the parent '846 patent are heavily focused on the specific problems and architecture of DSL networks, including DSLAMs and DSL wholesalers/resellers '846 Patent, abstract '846 Patent, col. 2:45-62 The specification repeatedly uses DSL as the exemplary embodiment, which may suggest the invention's scope is intended to be limited to that context '846 Patent, col. 7:4-24

Term: "management entity" (from '359 patent, claim 1)

  • Context and Importance: The complaint alleges that Verizon's complex, multi-part "3GPP management system" is the claimed "management entity" Compl. ¶130 The construction of this term will determine whether a single, defined entity is required, or if a distributed, multi-component system like Verizon's can meet this limitation.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The claim requires the entity to be "coupled to the plurality of physical access aggregation interfaces" and to "create" the virtual devices. This is a functional description that does not inherently preclude a distributed system. The specification notes the system provides a "centralized management system" but also mentions it can be a "remotely located client device," suggesting flexibility in its implementation '846 Patent, claim 1 '846 Patent, claim 8
    • Evidence for a Narrower Interpretation: Figure 1A of the parent '846 patent, which the complaint cites as describing the architecture Compl. ¶45, depicts the "Management Entity" as a discrete block within the Access Node or the Network Termination unit '846 Patent, FIG. 1A This could be used to argue for a more localized and singular construction, questioning whether Verizon's sprawling orchestration framework Compl. ¶75 Compl. ¶76 is equivalent.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges that Defendants induce infringement by, among other things, creating advertisements and product literature promoting the use of the Accused Products, such as "Verizon Frontline Network Slice" (Compl. ¶¶123; Compl. ¶232). It is also alleged that Defendants provide customer training, manuals, and technical support that instruct users on how to use the infringing features Compl. ¶232
  • Willful Infringement: The willfulness claim is based on alleged pre-suit knowledge. The complaint asserts that Defendants have known of the '359 patent since at least receiving correspondence from Epic Lane on March 21, 2025, which included claim charts detailing the alleged infringement Compl. ¶231 The complaint alleges that despite this notice, Defendants continued their infringing conduct Compl. ¶234

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

  • A core issue will be one of definitional scope: can the term "virtual access aggregation device," which is described in the patents' specifications primarily in the context of DSL networks, be construed to cover the "NetworkSliceSubnet instances" used in Verizon's modern 5G network architecture?
  • A key question of technical mapping will be: does Verizon's distributed, standards-based management and orchestration framework-comprising components like the 3GPP management system, O-RAN, and the RAN Intelligent Controller-constitute the singular "management entity" or "access aggregation virtualization device" as described and claimed in the patents, or is there a fundamental difference in architecture and operation?
  • An evidentiary question will be one of functional equivalence: does the functionality of Verizon's accused network slicing and virtualization products, which are governed by 3GPP and O-RAN standards, align with the specific functions required by the asserted claims, particularly regarding how virtual devices are created, linked to physical ports, and managed according to "service definition rules"?
Loading Amended Complaint