DCT

2:26-cv-00413

Malikie Innovations Ltd v. TCL Industries Holdings Co Ltd

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:26-cv-00413, E.D. Tex., 05/18/2026
  • Venue Allegations: Venue is alleged to be proper as Defendants are foreign corporations, making venue appropriate in any judicial district pursuant to 28 U.S.C. § 1391(c). The complaint also alleges that Defendants conduct substantial business in the district.
  • Core Dispute: Plaintiffs allege that Defendants' smart televisions and other consumer electronic devices infringe four patents, originally developed by BlackBerry Ltd., related to wireless communications, video decoding, and secure boot processes.
  • Technical Context: The patents-in-suit cover technologies central to modern smart devices: efficient wireless networking (Wi-Fi), advanced video compression (AV1 standard), and secure system startup (verified boot).
  • Key Procedural History: Plaintiffs state the asserted patents derive from a portfolio created by BlackBerry Ltd. Two of the patents ('856 and '934) are alleged to be essential to the IEEE 802.11 (Wi-Fi) standard and subject to Fair, Reasonable, and Non-Discriminatory (FRAND) licensing obligations. The complaint details a history of licensing communications with TCL beginning in October 2023, which Plaintiffs allege were conducted in good faith on their part but did not result in a license.

Case Timeline

Date Event
2004-02-05 '025 Patent Priority Date
2004-09-03 '856 Patent Priority Date
2004-10-12 '934 Patent Priority Date
2008-11-18 '856 Patent Issue Date
2010-06-29 '934 Patent Issue Date
2013-01-01 '025 Patent Issue Date
2016-02-05 '989 Patent Priority Date
2020-09-15 '989 Patent Issue Date
2023-10-09 Plaintiffs' first alleged licensing communication to TCL
2024-10-01 Plaintiffs allegedly notify TCL of '989 and '025 Patents
2025-05-22 Plaintiffs allegedly provide TCL with updated list of Wi-Fi patents
2025-09-04 Plaintiffs allegedly notify TCL of '856 and '934 Patents
2026-05-18 Complaint Filing Date

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

U.S. Patent No. 7,453,856: Method, apparatus, and communications interface for sending and receiving data blocks associated with different multiple access techniques (Issued: 11/18/2008)

The Invention Explained

  • Problem Addressed: The patent's background describes the difficulty of integrating disparate wireless communication schemes-such as frequency-division (FDMA), time-division (TDMA), and code-division (CDMA) multiple access-into a single system, as each has distinct technical requirements and operating principles '856 Patent, col. 1:24-42 '856 Patent, col. 2:1-9
  • The Patented Solution: The invention proposes a unified radio interface that can accommodate a mix of multiple access techniques simultaneously '856 Patent, abstract It achieves this by processing data for different users according to their assigned access technique, mapping the resulting data into "discrete signal blocks" in a time-frequency plane, and then grouping these diverse blocks into a single packet for transmission over a wideband channel '856 Patent, col. 2:9-46 This allows, for example, data using an OFDM technique and data using a CDMA technique to coexist within the same transmitted packet '856 Patent, Fig. 8
  • Technical Importance: This flexible approach to resource allocation was a key concept for 4G wireless systems, enabling a network to dynamically assign the most suitable transmission method based on changing user needs and channel conditions, thereby improving overall spectral efficiency '856 Patent, col. 2:56-63

Key Claims at a Glance

  • The complaint asserts at least independent claim 14 Compl. ¶43
  • The essential elements of independent claim 14 (a method at a receiver) include:
    • Receiving a signal containing data units, each associated with a multiple access technique.
    • Determining the "discrete signal block assignment" for each data unit.
    • Extracting, sampling, and (if necessary) transforming the signal to the frequency domain.
    • Extracting a subset of samples corresponding to a desired data unit based on its block assignment.
    • Determining the specific processing aspect ("first part") of the associated multiple access technique.
    • Processing the samples according to that technique to extract the user data.
  • The complaint reserves the right to assert additional claims Compl. ¶43

U.S. Patent No. 7,747,934: Method for selecting low density parity check (LDPC) code used for encoding of variable length data (Issued: 06/29/2010)

The Invention Explained

  • Problem Addressed: The patent identifies the challenge of applying powerful but structurally rigid Low-Density Parity-Check (LDPC) error-correction codes to data packets of variable length, a common requirement in wireless systems '934 Patent, col. 1:65-col. 2:8 Simply adapting these codes using techniques like "shortening" or "puncturing" can degrade their error-correction performance if not done carefully.
  • The Patented Solution: The invention provides a systematic method for selecting the optimal LDPC code from a set of available options to encode a variable-length data packet '934 Patent, abstract The method involves calculating the required number of shortened and/or punctured bits for each candidate code, evaluating them against a performance criterion (e.g., maximizing coding gain or minimizing transmission symbols), and selecting the best-performing code for encoding the data '934 Patent, Fig. 6 '934 Patent, col. 2:13-29
  • Technical Importance: This invention provides a flexible and performance-preserving framework for using LDPC codes, a technology critical to achieving the high data rates and reliability of modern wireless standards like IEEE 802.11 (Wi-Fi) '934 Patent, col. 1:19-21

Key Claims at a Glance

  • The complaint asserts at least claims 1-4, with claim 1 being an independent method claim Compl. ¶50
  • The essential elements of independent claim 1 include:
    • Providing a plurality of LDPC codes with different lengths and rates.
    • Calculating the number of "shortening" and "puncturing" bits required for each code to accommodate the data.
    • Providing a performance criterion.
    • Determining a selected LDPC code from the plurality of options that meets the performance criterion.
    • Encoding the data using the selected LDPC code.
  • The complaint also asserts dependent claims 2-4 Compl. ¶50

U.S. Patent No. 10,778,989: Rolling intra prediction for image and video coding (Issued: 09/15/2020)

  • Technology Synopsis: The patent describes an improvement to video compression. In contrast to traditional intra-prediction methods that predict a block of pixels using only data from neighboring, already-coded blocks, this invention uses a "rolling" or recursive technique. It first predicts some pixels in a block using neighbors, and then uses those newly predicted pixels as references to predict subsequent pixels within the same block, improving prediction accuracy and compression efficiency '989 Patent, abstract '989 Patent, col. 5:15-24 The complaint alleges this technique is mandated by the AV1 video coding specification Compl. ¶18
  • Asserted Claims: At least claim 1 Compl. ¶57
  • Accused Features: TCL smart televisions that support AV1 video decoding Compl. ¶57

U.S. Patent No. 8,347,025: Memory controller interface (Issued: 01/01/2013)

  • Technology Synopsis: The patent discloses a memory controller that allows a processor designed for one type of memory (NOR flash/SRAM) to use a different, more cost-effective type (NAND flash/SDRAM) '025 Patent, abstract A key aspect of the invention is a secure boot process where the controller scans the boot code for a "predetermined signature" and, upon finding it, write-protects a portion of memory to secure the boot process against unauthorized modification '025 Patent, abstract '025 Patent, col. 23:1-11
  • Asserted Claims: At least claim 12 Compl. ¶64
  • Accused Features: TCL smart televisions that implement "Android Verified Boot," which the complaint alleges involves "write-protecting memory based on boot code having a predetermined signature" Compl. ¶64

III. The Accused Instrumentality

Product Identification

The accused instrumentalities are TCL-branded smart televisions and tablets Compl. ¶43 Compl. ¶50

Functionality and Market Context

The complaint alleges that TCL is a leading global manufacturer of televisions, with its global shipment market share ranking second and its sales revenue market share ranking among the top three globally Compl. ¶7 Compl. ¶12 The accused products are alleged to incorporate key industry standards. Specifically, the complaint targets devices that are compliant with the IEEE 802.11 (Wi-Fi) standard, which allegedly involves using CSMA, DL MU-MIMO, and LDPC operation Compl. ¶43 Compl. ¶50 It also targets devices that support AV1 video decoding and implement the Android Verified Boot process Compl. ¶57 Compl. ¶64

No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

The complaint references but does not include its claim chart exhibits (Exhibits E and F). The following is a summary of the narrative infringement theory for each lead patent.

  • '856 Patent Infringement Allegations (Prose Summary)
    The complaint alleges that TCL's IEEE 802.11 standard-compliant devices, such as smart televisions, directly infringe at least claim 14 of the '856 Patent Compl. ¶43 The theory of infringement suggests that by making, using, or selling devices that operate according to the 802.11 standard, which inherently involves multiplexing data for multiple users over a shared wireless channel using techniques like CSMA and DL MU-MIMO, TCL's products necessarily perform the patented method of receiving and processing a signal comprised of data blocks associated with different multiple access techniques Compl. ¶43

  • '934 Patent Infringement Allegations (Prose Summary)
    The complaint alleges that TCL's smart televisions incorporating Wi-Fi directly infringe at least claims 1-4 of the '934 Patent by performing "low-density parity-check (LDPC) operation" as part of their compliance with the IEEE 802.11 standard Compl. ¶50 The infringement theory appears to be that because the 802.11 standard must accommodate variable-length data packets, any compliant device must necessarily execute a method for selecting an appropriate LDPC code. The complaint alleges this selection process infringes claim 1's steps of calculating shortening and puncturing needs and determining a code based on a performance criterion Compl. ¶50

  • Identified Points of Contention:

    • Scope Questions: For the '856 patent, a question for the court will be whether standard Wi-Fi operation constitutes the use of "different multiple access techniques" as contemplated by the patent, which provides examples of combining fundamentally distinct schemes like CDMA and OFDM '856 Patent, Fig. 8 For the '934 patent, a core question is whether the "LDPC operation" in a standard-compliant device necessarily performs the explicit, multi-step optimization method for selecting a code as recited in claim 1, or if it uses a more simplified or predetermined approach that falls outside the claim's scope.
    • Technical Questions: The infringement allegations for all four patents depend on the specific operations performed by devices that implement broad industry standards (IEEE 802.11, AV1, Android Verified Boot). A key technical question will be what evidence demonstrates that the accused products' implementation of these standards maps directly onto the specific, and often detailed, limitations recited in the asserted claims.

V. Key Claim Terms for Construction

'856 Patent: Independent Claim 14

  • The Term: "different multiple access techniques"
  • Context and Importance: This term is the foundation of the patent's novelty. The infringement case depends on whether the multiplexing performed by accused Wi-Fi devices involves techniques that are sufficiently "different" to meet this limitation. Practitioners may focus on this term because its interpretation will determine if standard Wi-Fi functionality falls within the patent's scope.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The specification provides a list of general categories, stating the techniques may include "FDMA techniques, TDMA techniques, and CDMA techniques" '856 Patent, col. 2:47-49 This could support an argument that any distinct method of assigning time, frequency, or code resources qualifies as a "different" technique.
    • Evidence for a Narrower Interpretation: The patent's detailed examples and figures, such as Figure 8, illustrate the combination of fundamentally distinct schemes like OFDM (a frequency-domain technique) and DS-CDMA (a code-domain technique) within a single packet '856 Patent, col. 7:38-60 This may support a narrower construction requiring the techniques to belong to different technological classes, not just be different configurations of the same underlying scheme.

'934 Patent: Independent Claim 1

  • The Term: "determining a selected LDPC code ... meeting the performance criterion"
  • Context and Importance: This active "determining" step is central to the claimed method. The infringement analysis will turn on whether the accused devices perform this specific algorithmic selection or simply use a predefined code based on the 802.11 standard's requirements.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: The specification notes that performance criteria can include objectives like achieving high coding gain or using few modulated symbols '934 Patent, col. 6:28-32 A party could argue that any logic within the device that results in the choice of a code based on factors like packet size implicitly "determines" a code that meets an inherent performance goal.
    • Evidence for a Narrower Interpretation: The patent details a specific, iterative algorithm for making this determination, including calculating symbol counts, computing shortening/puncturing requirements, and estimating performance '934 Patent, Fig. 6 '934 Patent, col. 7:55-col. 8:19 This detailed disclosure may support a narrower construction requiring an explicit, multi-step optimization process, not merely the application of a fixed rule from a standard.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges induced infringement for all asserted patents, stating that TCL provides product marketing, user manuals, and other instructions that encourage and direct end-users to operate the accused televisions and tablets in an infringing manner (e.g., by connecting to Wi-Fi or streaming video) Compl. ¶45 Compl. ¶52 Compl. ¶59 Compl. ¶66 Contributory infringement is also alleged, based on TCL supplying key components (e.g., Wi-Fi modules, video decoding hardware) that are alleged to be material parts of the inventions, not suitable for substantial non-infringing use, and supplied with knowledge of infringement Compl. ¶46 Compl. ¶53 Compl. ¶60 Compl. ¶67
  • Willful Infringement: The willfulness allegations are based on pre-suit knowledge. The complaint details a series of letters sent to TCL between October 2023 and September 2025 that allegedly notified TCL of the patents-in-suit and their infringement Compl. ¶¶27-29 The complaint asserts that TCL's continued infringement despite these notices and an alleged failure to negotiate a license in good faith constitutes willful and deliberate infringement Compl. ¶29 Compl. ¶47 Compl. ¶54 Compl. ¶61 Compl. ¶68

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

  1. A central issue will be one of infringement by standard-implementation: For the patents asserted against Wi-Fi, AV1, and Android Verified Boot functionality, the court will need to determine if merely implementing a complex industry standard that uses a certain technology is sufficient to meet the specific, and often detailed, method steps recited in the patent claims. Does the high-level functionality of the standard equate to the specific patented algorithm?

  2. A second core question will be one of claim scope: Can the term "different multiple access techniques" in the '856 patent, which the specification illustrates by combining technologies like OFDM and CDMA, be construed to cover the multiplexing methods used in a standard Wi-Fi device? Similarly, does the "LDPC operation" in the accused products perform the explicit, multi-step selection algorithm of the '934 patent?

  3. Finally, a significant procedural and remedial question relates to the FRAND obligations attached to the two alleged standard-essential patents ('856 and '934). The court may be required to analyze the parties' pre-suit negotiation history to determine if Plaintiffs made a FRAND-compliant offer and if Defendants negotiated in good faith, which could have substantial implications for any potential injunction or damages award.

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