Staying On Track With Your U.S. Patent

• Published date: 03 November 2021
• Subject Matter: Intellectual Property, Patent
• Law Firm: Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
• Author: Ms Kara Specht, Brooke M. Wilner, Stacy Lewis and Thomas L. Irving

Holding

On October 12, 2021, the Federal Circuit affirmed in two separate cases involving Traxcell Technologies. In Traxcell Technologies, LLC v. Sprint Communications Co. LP and Verizon Wireless, No. 20-1852, __ F.4th__ (Fed. Cir. Oct. 12, 2021), the Federal Circuit affirmed the district court's grant of summary judgment to Sprint, agreeing with the district court regarding claim construction, that several of Traxcell's claims are invalid as indefinite, and that there were no genuine issues of material fact infringement. In another opinion by the same panel on the same day, Traxcell Technologies, LLC v. Nokia Solutions and Networks OY, No. 20-1440, __ F.4th__ (Fed. Cir. Oct. 12, 2021), the Federal Circuit affirmed the district court's grant of summary judgment of no infringement, again agreeing with the district court's claim construction. Judge Prost wrote both opinions, joined by Judges O'Malley and Stoll.

Background

Both lawsuits involved U.S. Pat. Nos. 8,977,284 ("the '284 patent"), 9,510,320 ("the '320 patent"), and 9,642,024 ("the '024 patent"). The lawsuit against Sprint also included U.S. Pat. No. 9,549,388 ("the '388 patent"). All share a specification and a 2001 priority date. The patents relate to self-optimizing wireless network technology.

Method claim 4 of the '320 patent reads:

4. A method of managing a wireless radio-frequency (RF) network, the method comprising:
coupling in communication, at least one radio-frequency transceiver and an associated at least one antenna ... ;
at a first computer...generating an indication of a location... ; ... coupling a second computer in communication with the first computer; ... ; and the first computer denying access to the indication of location to the second computer if the no access flag is set.

(emphasis in opinion)

System claim 1 of the '024 patent reads:

1. A system including:
one or more radio-frequency transceivers and an associated one or more antennas...; and
a computer coupled to the one or more radio-frequency transceivers programmed to locate the one or more mobile wireless communications devices and generate an indication of a location...

(emphasis in opinion)

Means-plus-function claim 1 of the '284 patent reads:

1. A wireless network comprising:
a) at least two wireless devices, each said wireless device communicating via radio frequency signals;
b) a first computer programmed to perform the steps of:

1) locating ... ;
2) routinely storing performance data and a corresponding location for said at least one wireless device in a memory;

c) a radio tower adapted to receive radio frequency signals from, and transmit radio frequency signals to said at least one wireless device; wherein said first computer...