TQ Delta, LLC v. DISH Network LLC

TQ’s patent, entitled “Multicarrier Transmission System with Low Power Sleep Mode and Rapid-On Capability,” relates to the field of “multicarrier transmission systems” that provide high-speed data links between communication points[ and have recently been used] . . . for communications over the local subscriber loop that connects a telephone service subscriber to a central telephone office.” The patent generally describes a method for “establishing a power management sleep state in a multicarrier system” and efficiently waking up a transmission system utilized on hardware, such as a computer, from sleep mode.DISH Network sought inter partes review (IPR). The U.S. Patent Trial and Appeal Board found the challenged claims unpatentable as obvious. The Federal Circuit affirmed, first holding that the Board did not violate TQ’s Administrative Procedures Act rights; it never construed the “reinitialize” limitation in its Decision to Institute IPR as TQ claimed, and, therefore, did not change course by construing the term in the Final Written Decision. The Board properly construed the “without needing to reinitialize” limitation. Substantial evidence supports the Board’s obviousness determination. View "TQ Delta, LLC v. DISH Network LLC" on Justia Law