DCT

2:26-cv-00297

New Radio IP LLC v. TCL Corp

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Amended Complaint
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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:26-cv-00297, E.D. Tex., 07/14/2026
  • Venue Allegations: Plaintiff alleges venue is proper because Defendant is a foreign corporation and has committed acts of patent infringement in the district, including selling accused products through retail stores and its U.S. website.
  • Core Dispute: Plaintiff alleges that Defendant's 5G-compatible smartphones and mobile devices infringe eight U.S. patents that Plaintiff has declared essential to the 5G Standard.
  • Technical Context: The lawsuit concerns core telecommunications technology for 5G cellular networks, which enable higher bandwidth and lower latency connections for mobile devices compared to previous generations.
  • Key Procedural History: Plaintiff alleges its patents are Standard Essential Patents (SEPs) for the 5G Standard developed by the 3rd Generation Partnership Project (3GPP). As an intellectual property owner of SEPs, Plaintiff states it is committed to offering licenses on Fair, Reasonable, and Non-Discriminatory (FRAND) terms, as required by the European Telecommunications Standards Institute (ETSI). The complaint alleges that Plaintiff provided notice of the asserted patents to Defendant in May 2024 and made offers to negotiate a FRAND license, but Defendant "rejected or failed to respond." The complaint includes counts for breach of contract and breach of an obligation to negotiate in good faith, alleging Defendant, as an ETSI member, has violated ETSI policies.

Case Timeline

Date Event
2016-10-07 U.S. Patent No. 10,911,943 Priority Date
2017-02-12 U.S. Patent No. 10,897,708 Priority Date
2017-03-29 U.S. Patent No. 11,026,121 Priority Date
2017-04-02 U.S. Patent No. 10,602,429 Priority Date
2017-11-24 U.S. Patent No. 11,265,915 Priority Date
2018-08-14 U.S. Patent No. 11,050,610 Priority Date
2019-01-01 Companies began deploying 5G networks (approx. date)
2019-02-15 U.S. Patent No. 11,272,561 Priority Date
2019-03-27 U.S. Patent No. 11,184,909 Priority Date
2020-03-24 U.S. Patent No. 10,602,429 Issued
2021-01-19 U.S. Patent No. 10,897,708 Issued
2021-02-02 U.S. Patent No. 10,911,943 Issued
2021-06-01 U.S. Patent No. 11,026,121 Issued
2021-06-29 U.S. Patent No. 11,050,610 Issued
2021-11-23 U.S. Patent No. 11,184,909 Issued
2022-03-01 U.S. Patent No. 11,265,915 Issued
2022-03-03 U.S. Patent No. 11,272,561 Issued
2024-05-07 Plaintiff allegedly offered to begin FRAND negotiations
2024-06-06 Plaintiff allegedly followed up on FRAND offer
2024-06-13 Plaintiff allegedly followed up on FRAND offer
2026-07-14 Amended Complaint Filed

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

U.S. Patent No. 10,602,429 - Access Control in New Radio

Issued March 24, 2020

The Invention Explained

  • Problem Addressed: The patent addresses the problem that legacy 4G access control schemes do not account for the new "RRC_INACTIVE" state introduced in 5G New Radio (NR) networks ʼ429 Patent, col. 2:3-10 This can lead to network underestimation of traffic and subsequent overload when "RRC_INACTIVE" devices attempt to transmit data without transitioning to a fully connected state ʼ429 Patent, col. 2:11-26
  • The Patented Solution: The invention proposes a multi-layered method for access control. A wireless device first reads a "first layer" of access control information (ACI) to determine if an access control indicator for its category is active ʼ429 Patent, abstract If the indicator is active, the device then reads a "second layer" of the ACI, which contains more specific parameters to determine if that particular access attempt is allowed (ʼ429 Patent, abstract; '429 Patent, col. 2:41-56). This layered approach, illustrated in Figure 4, allows for more granular and dynamic management of network access based on device state and traffic conditions ʼ429 Patent, Fig. 4
  • Technical Importance: This solution provides a more sophisticated mechanism to manage network congestion by differentiating between various device states and access attempt types, which is critical for the efficiency of 5G networks.

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 Compl. ¶48
  • Claim 1 of the '429 Patent contains the following essential elements:
    • Initiating an RRC resumption procedure for an RNA update while in an RRC_INACTIVE state.
    • Acquiring an access control parameter configuration of an access category associated with the RNA update in system information block 1 (SIB1).
    • Initiating a random access procedure for the RRC resumption according to an indicator of the access control parameter configuration.
    • Wherein, when the indicator is OFF, it indicates the wireless device does not need to apply the access control parameter configuration and is allowed to initiate the random access procedure.
  • The complaint does not explicitly reserve the right to assert dependent claims for this patent.

U.S. Patent No. 10,897,708 - Mobility Management for RRC_Inactive User Equipment

Issued January 19, 2021

The Invention Explained

  • Problem Addressed: The patent addresses mobility management for a user equipment (UE) in the "RRC_INACTIVE" state ʼ708 Patent, col. 2:1-3 When such a UE moves out of the coverage area (the RAN-based notification area, or RNA) of its "anchor" base station (gNB), the UE's context is not properly transferred, which prevents the UE from quickly re-establishing a connection with a new target gNB ('708 Patent, col. 2:2-15).
  • The Patented Solution: The invention provides a method for a UE-initiated RNA update procedure. When an "RRC_INACTIVE" UE moves from a first base station to a second, it initiates an RNA update procedure ('708 Patent, abstract). This allows the UE to receive an updated RNA from the core network, the first base station, or the second base station, ensuring that its context can be located and transferred efficiently for subsequent data transmission ('708 Patent, abstract; '708 Patent, Fig. 4).
  • Technical Importance: This UE-initiated procedure improves the robustness of mobility for "RRC_INACTIVE" devices, a key feature for power saving and efficient signaling in 5G, particularly for IoT-type applications.

Key Claims at a Glance

  • The complaint asserts at least independent claim 1 Compl. ¶53

  • Claim 1 of the '708 Patent contains the following essential elements:

    • Receiving a first list of RAN area IDs from a first cell via a first RRC message.
    • Storing the first list of RAN area IDs.
    • Receiving a cell ID and a RAN area ID broadcast by a second cell.
    • Initiating an RNA update procedure when the RAN area ID from the second cell does not belong to the stored first list.
    • Receiving a second list of RAN area IDs from the second cell via a second RRC message during the update procedure.
    • Storing the second list of RAN area IDs.
    • Performing a random access procedure with the second cell, sending an I-RNTI and a cell ID of the first cell.

  • The complaint does not explicitly reserve the right to assert dependent claims for this patent.

  • Multi-Patent Capsule: U.S. Patent No. 10,911,943, Method and Apparatus for System Information Delivery, Issued February 2, 2021

    • Technology Synopsis: The patent addresses inefficiencies in how wireless devices acquire system information (SI) ʼ943 Patent, col. 2:14-19 It proposes a method where SI is divided into "minimum SI" and "other SI," with the minimum SI containing an area identification (ID) and a value tag, allowing a UE to determine if it needs to request the full "other SI" based on whether it has moved to a new area or if the information has been updated (ʼ943 Patent, abstract; '943 Patent, Fig. 3).
    • Asserted Claims: At least independent claim 1 Compl. ¶58
    • Accused Features: The Accused Products are alleged to infringe by implementing and supporting the 5G Standard Compl. ¶45 Compl. ¶46

  • Multi-Patent Capsule: U.S. Patent No. 11,026,121, Wireless Communication Method and System for Network Slicing, Issued June 1, 2021

    • Technology Synopsis: The patent addresses how a user equipment (UE) can request a specific "network slice," which is a virtualized portion of the network tailored for a particular service (e.g., high-bandwidth video vs. low-latency gaming) ʼ121 Patent, col. 1:26-30 The method involves the UE sending a network slice request with assistance information to a base station, which then generates a response indicating whether the request is supported, potentially involving a mobility management procedure to connect to a suitable network node (ʼ121 Patent, abstract; '121 Patent, Fig. 5).
    • Asserted Claims: At least independent claim 1 Compl. ¶63
    • Accused Features: The Accused Products are alleged to infringe by implementing and supporting the 5G Standard Compl. ¶45 Compl. ¶46

  • Multi-Patent Capsule: U.S. Patent No. 11,050,610, Reporting master node radio link failure, Issued June 29, 2021

    • Technology Synopsis: In dual-connectivity setups where a UE is connected to both a master node (MN) and a secondary node (SN), this invention provides a method for reporting a radio link failure of the MN ʼ610 Patent, col. 1:13-18 When an MN link failure is detected, the UE determines if it is configured with a "split signaling radio bearer" (SRB) and, if so, transmits the failure report to the MN via the SN's path, avoiding a more disruptive full RRC re-establishment procedure (ʼ610 Patent, abstract; '610 Patent, Fig. 1).
    • Asserted Claims: At least independent claim 1 Compl. ¶68
    • Accused Features: The Accused Products are alleged to infringe by implementing and supporting the 5G Standard Compl. ¶45 Compl. ¶46

  • Multi-Patent Capsule: U.S. Patent No. 11,184,909, Method and apparatus for handling overlapping PUSCH durations, Issued November 23, 2021

    • Technology Synopsis: The patent addresses resource conflicts when two Physical Uplink Shared Channel (PUSCH) durations overlap in time ʼ909 Patent, col. 1:44-48 The invention provides a method for a UE to prioritize one PUSCH over the other and cancel the ongoing UL transmission of the lower-priority PUSCH starting from a preconfigured time after the end of the control channel message (PDCCH) that scheduled the higher-priority PUSCH (ʼ909 Patent, abstract; '909 Patent, Fig. 10).
    • Asserted Claims: At least independent claim 8 Compl. ¶73
    • Accused Features: The Accused Products are alleged to infringe by implementing and supporting the 5G Standard Compl. ¶45 Compl. ¶46

  • Multi-Patent Capsule: U.S. Patent No. 11,265,915, Methods and Devices for Adaptive Scheduling Request Procedure, Issued March 1, 2022

    • Technology Synopsis: This invention concerns scheduling request (SR) procedures for a logical channel (LCH) that is not configured with a dedicated SR resource ʼ915 Patent, col. 1:50-54 When an SR is triggered for such an LCH, the UE's MAC entity initiates a Random Access (RA) procedure to request resources and cancels the SR procedure for that specific LCH, while not canceling other pending SR procedures for different LCHs (ʼ915 Patent, abstract; '915 Patent, Fig. 4).
    • Asserted Claims: At least independent claim 1 Compl. ¶78
    • Accused Features: The Accused Products are alleged to infringe by implementing and supporting the 5G Standard Compl. ¶45 Compl. ¶46

  • Multi-Patent Capsule: U.S. Patent No. 11,272,561, Method and apparatuses for beam failure recovery, Issued March 8, 2022

    • Technology Synopsis: The patent describes a method for a Beam Failure Recovery (BFR) procedure, particularly for multi-cell configurations ʼ561 Patent, col. 1:36-41 A UE transmits a MAC Control Element (CE) for BFR that includes a field indicating which serving cell triggered the procedure and a presence indicator field showing whether an identity of a preferred new Reference Signal (RS) for recovery is included in the message (ʼ561 Patent, abstract; '561 Patent, Fig. 2A).
    • Asserted Claims: At least independent claim 6 Compl. ¶83
    • Accused Features: The Accused Products are alleged to infringe by implementing and supporting the 5G Standard Compl. ¶45 Compl. ¶46

III. The Accused Instrumentality

Product Identification

  • The Accused Products are a broad range of TCL-branded 5G-capable devices, including various models of the TCL 60, 50, 40, 30, and 20 series smartphones, as well as TCL TAB series 5G tablets Compl. ¶45 The complaint extends the accusation to "all other TCL 5G devices that implement and support the 5G Standard" Compl. ¶45

Functionality and Market Context

  • The complaint alleges that the relevant functionality of the Accused Products is their implementation of and support for the 5G Standard, including the 3GPP TS 38.321 TSGR RAN 5G NR Medium Access Control (MAC) Protocol Specification Compl. ¶46 Plaintiff asserts that these products benefit from the patented technologies, which deliver on the 5G promise of increased bandwidth and lower latency Compl. ¶4 The complaint alleges Defendant derives substantial revenue from the sale and use of these products in the United States Compl. ¶11
    No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

The complaint does not contain narrative infringement allegations or claim charts in the body of the complaint. Instead, for each asserted patent, it refers to an external exhibit (e.g., "As shown in Exhibit 1, attached hereto, the Accused Products meet each and every limitation of claim 1 of the '429 Patent") which is not provided Compl. ¶48 Compl. ¶53 As such, a detailed claim chart summary cannot be constructed from the provided documents.

  • Identified Points of Contention ('429 Patent):

    • Scope Questions: Claim 1 of the '429 Patent recites acquiring an "access control parameter configuration... in system information block 1 (SIB1)" and acting based on an "indicator" that is "OFF." A central question will be whether the specific access control mechanisms implemented in TCL's devices, which must comply with the 3GPP standards, map directly onto this claimed two-step process involving SIB1 and an "OFF" indicator. The dispute may focus on whether the standard-compliant behavior constitutes "acquiring" and "applying" the configuration in the manner recited by the claim.
    • Technical Questions: A technical question will be what evidence demonstrates that the Accused Products actually perform the claimed method. Infringement analysis will require examining the products' firmware and network signaling to determine if they initiate a random access procedure based on an "OFF" indicator for an RNA update, as distinct from other access control mechanisms that may be present in the 5G standard.

  • Identified Points of Contention ('708 Patent):

    • Scope Questions: Claim 1 requires a multi-step process involving storing a "first list of RAN area IDs," receiving a "second list," and initiating an update when a new cell's ID is not on the first list. A point of contention may be whether the term "RAN area ID" as used in the patent is synonymous with how such identifiers are defined and used in the 5G standard implemented by TCL's devices. The sequence of storing, comparing, and updating lists will be a focal point for claim construction and infringement analysis.
    • Technical Questions: Evidence will be needed to show that the Accused Products perform the specific sequence of storing lists of RAN area IDs and initiating an RNA update procedure based on a comparison, as opposed to other mobility management procedures. The claim also requires sending a specific payload during the random access procedure (I-RNTI and first cell's ID), and a key question will be whether TCL's devices transmit this exact information combination during their mobility updates.

V. Key Claim Terms for Construction

The complaint does not provide sufficient detail for analysis of claim construction disputes. However, based on the patent language, certain terms are likely to be central.

  • For the '429 Patent:

    • The Term: "access control indicator ... is OFF"
    • Context and Importance: This binary condition (ON/OFF) is the lynchpin of Claim 1's logic, determining whether the device proceeds directly to a random access procedure. The definition is critical because infringement hinges on whether the accused devices' behavior can be characterized as acting upon an "OFF" state of an indicator, as opposed to simply following a default path where no specific restriction is present.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The specification describes the indicator as a simple "ON/OFF indicator for each sub-categorization" ʼ429 Patent, Fig. 4 This could support a broad interpretation where any flag or bit that disables a more detailed check could be considered an "OFF" indicator.
      • Evidence for a Narrower Interpretation: The detailed description shows the indicator as part of a specific "Layer 1" ACI structure that is read before a "Layer 2" is considered (ʼ429 Patent, col. 10:39-44; '429 Patent, Fig. 4). This may support a narrower interpretation requiring the accused system to have a demonstrably layered ACI structure where the "OFF" state explicitly bypasses the second layer.

  • For the '708 Patent:

    • The Term: "RAN area ID"
    • Context and Importance: The entire logic of the asserted claim revolves around comparing and updating lists of these specific identifiers. Practitioners may focus on this term because its precise definition will determine whether the identifiers managed by TCL's devices (e.g., cell IDs, tracking area IDs) fall within the scope of the claim.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The patent suggests a RAN notification list can include "a list of cell IDs, a list of cells, a list of RAN area IDs, a list of RAN areas, a list of tracking area IDs, or any combination thereof" ʼ708 Patent, col. 9:13-17 This could support construing "RAN area ID" broadly to cover various types of location identifiers used in a 5G network.
      • Evidence for a Narrower Interpretation: Claim 1 distinctly recites receiving a "cell ID and a RAN area ID" broadcast by a cell, suggesting the two are different entities ʼ708 Patent, claim 1 This may support a narrower reading where "RAN area ID" must be a specific type of identifier distinct from a simple cell ID, potentially limiting the scope of what accused device behavior infringes.

VI. Other Allegations

  • Indirect Infringement: Plaintiff alleges TCL knowingly and intentionally induces infringement by providing the Accused Products to "customers, resellers, distributors, retailers, and end-users" Compl. ¶87 It is also alleged that TCL contributes to infringement by providing products "especially made or adapted to infringe" which are not "staple articles or commodities of commerce suitable for substantial non-infringing use" Compl. ¶88
  • Willful Infringement: The complaint alleges that TCL had pre-suit knowledge of the Asserted Patents as of May 2024, when Plaintiff first offered to begin FRAND licensing discussions Compl. ¶44 Compl. ¶93 Plaintiff alleges that TCL's failure to respond to these offers supports the claim for willful infringement Compl. ¶93, for which Plaintiff seeks treble damages Compl., prayer (xv)

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

  1. A central issue will be one of standard compliance versus claimed invention: Do the operations of TCL's standard-compliant 5G devices, which are designed to interoperate within a global standard, inherently perform the specific, multi-step methods recited in the asserted claims? The case may turn on whether the patents claim a specific, optional implementation path or a fundamental, unavoidable aspect of the 5G standard.

  2. A second key question will be contractual and quasi-contractual obligations: Beyond patent infringement, the court will address whether TCL, as a member of ETSI, breached a contractual duty to negotiate in good faith for a FRAND license, as alleged in Counts X-XII. This positions the case not just as a technical patent dispute, but also as a commercial dispute over the rules governing SEPs, where the outcome could influence the parties' leverage in any potential FRAND royalty determination.

  3. A third question will be one of definitional precision: The infringement analysis for patents like the '429 and '708 will depend heavily on claim construction. A core issue will be whether generic terms used in the patents, such as "access control indicator" and "RAN area ID," can be construed to read on the specific, standardized identifiers and signaling flags used in the accused 5G devices, or if there is a technical mismatch in their definition and function.

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