On Tuesday, plaintiff Swirlate IP filed a complaint in the District of Delaware against defendant AudioCodes Inc., an advanced voice networking software company, for patent infringement alleging that the defendant infringed the patents-in-suit through its Accused Instrumentality.
The patents-in-suit are United States Patent No. 7,154,961 (the ’961 patent) and 7,567,622 (the ’622 patent), both entitled “Constellation Rearrangement for ARQ Transmit Diversity Schemes.”
According to the complaint, the ’961 patent “relates to the field of Automatic Repeat reQuest (‘ARQ’) transmission techniques in wireless communication systems.” Specifically, the plaintiff stated that it “relates to a method for transmitting data using transmit diversity schemes in which data packets are transmitted using a first and second transmission based on a repeat request and the bit-to-symbol mapping is performed differently for different transmitted diversity branches.”
For example, the plaintiff alleged that the defendant infringed at least claim 1 of the ’961 patent “by performing actions comprising at least performing the claimed ARQ re-transmission method by performing the steps of the claimed invention using the Mediant 500L MSBR (‘Accused Instrumentality’).” The plaintiff averred that the Accused Instrumentality “uses an ARQ retransmission method in a wireless communication system in which data packets are transmitted from a transmitter to a receiver using a first transmission and at least a second transmission based on a repeat request.”
The plaintiff added that the defendant’s Accused Instrumentality also allegedly performs other steps as described in the patent, like “modulating data packets at the transmitter using a first modulation scheme to obtain first data symbols,” such as using “16QAM and/or 64QAM to obtain first data symbols for the purposes of an LTE transmission.” Accordingly, this first data symbol is then mapped to a first port. The plaintiff asserted that the aforementioned process is repeated for the data packets using a different module scheme to obtain the next set of data symbols to map. Additionally, the Accused Instrumentality also performs “demodulation,” which is the “output of modulation block performing said…modulation scheme” at the LTE base station using the modulation schemes. After which, the plaintiff claimed the Accused Instrumentality allegedly engages in “diversity combining the demodulated data received over the first and second diversity branches.” The plaintiff asserted other ways in which the defendant’s Accused Instrumentality purportedly infringed the ’961 patent.
The plaintiff has sought a declaratory judgment in its favor, an award for damages, pre- and post-judgment interest, and other relief. Swirlate IP is represented by Chong Law Firm P.A. and Direction IP Law.
