K-Tech Telecommunications, Inc. v. Time Warner Cable, Inc.

714 F.3d 1277, 2013 WL 1668960
CourtCourt of Appeals for the Federal Circuit
DecidedApril 18, 2013
Docket2012-1425, 2012-1446
StatusPublished
Cited by126 cases

This text of 714 F.3d 1277 (K-Tech Telecommunications, Inc. v. Time Warner Cable, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
K-Tech Telecommunications, Inc. v. Time Warner Cable, Inc., 714 F.3d 1277, 2013 WL 1668960 (Fed. Cir. 2013).

Opinions

Opinion for the court filed by Circuit Judge O’MALLEY. Concurring opinion filed by Circuit Judge WALLACH.

O’MALLEY, Circuit Judge.

K-Tech Telecommunications, Inc. (“K-Tech”) appeals the district court’s orders in K Tech Telecommunications, Inc. v. Time Warner Cable, Inc., CV11-09373 (May 9, 2012 C.D.Cal.) and K Tech Telecommunications, Inc. v. DirecTV, CV11-09370 (May 9, 2012 C.D.Cal.) dismissing K-Tech’s First Amended Complaints for patent infringement against Time Warner Cable, Inc. (“TWC”) and DirecTV for failure to state a claim upon which relief can be granted. Given the substantial factual overlap between the two actions, we consolidated the appeals for the purposes of oral argument and issue our ruling in a single opinion. We find that the district court applied the incorrect standard in evaluating the adequacy of K-Tech’s complaints. District courts must evaluate complaints alleging direct infringement by reference to Form 18 of the Appendix of Forms to the Federal Rules of Civil Procedure (“Form 18”). Applying that standard to the amended complaints at issue in these appeals, we reverse the judgments dismissing these actions with prejudice and remand for further proceedings:

Background

A. Procedural History

On November 9, 2011, K-Tech filed a complaint for patent infringement against DirecTV in the United States District Court for the Central District of California. On the same day, K-Tech filed a similar action against TWC. These complaints named four patents, U.S. Patent 6,785,903 (the “'903 patent”); U.S. Patent 7,487,533 (the “'533 patent”);. U.S. Patent 7,761,893 (the “'893 patent”); and U.S. Patent 7,984,469 (the “'469 patent”) (collectively, the “K-Tech patents”) and charged DirecTV and TWC with direct infringement of each. On November 28, 2011, [1280]*1280following K-Tech’s request, the action against TWC was transferred to Judge R. Gary Klausner, the judge assigned to the lower numbered DirecTV action.

On January 5, 2012, DirecTV and TWC each moved to dismiss the original complaints under Federal Rule of Civil Procedure 12(b)(6), alleging that the respective complaints lacked sufficient factual specificity to state a cause of action for direct patent infringement. At K-Tech’s request, the district court consolidated briefing with respect to the defendants’ motions to dismiss. On February 21, 2012, the district court dismissed both complaints in substantially similar orders and granted K-Tech leave to amend, stating in pertinent part as follows:

Based solely on this evidence and without any additional factual allegations, Plaintiff seems to suggest that Defendant must operate some product or process in a manner that infringes some of the Asserted Patents, because Defendant is able to achieve the same end-result as that contemplated by the Asserted Patents. Although Plaintiff strongly believes that Defendant “must” be infringing the Asserted Patents, Plaintiff fails to explain the basis of this belief. Plaintiff does not explain why it believes that Defendant is utilizing the methods and products protected by the Asserted Patents to update the digital signals it receives rather than using other noninfringing methods and products.

TWC J.A. 4; DirecTV J.A. 3-4.

On February 28, 2012, K-Tech filed First Amended Complaints against TWC and DirecTV. On March 30, 2012, both TWC and DirecTV moved to dismiss the respective First Amended Complaints, again under Rule 12(b)(6). On May 9, 2012, the District Court dismissed each of the First Amended Complaints, ruling as follows:

On February 21, 2012, the Court granted Defendant’s Motion to Dismiss Plaintiffs Complaint for patent infringement on the grounds that Plaintiff failed to allege sufficient factual detail regarding Defendant’s accused product and the manner in which it is infringing Plaintiffs patents. The First Amended Complaint (“FAC”) Plaintiff filed on February 28, 2012 does not cure the deficiencies identified in the Court’s prior order. Plaintiff has failed to allege facts sufficient to state a plausible claim for patent infringement under the standards articulated in Bell Atl. Corp. v. Twombly, 550 U.S. 544 [127 S.Ct. 1955, 167 L.Ed.2d 929] (2007) and Ashcroft v. Iqbal, [556 U.S. 662,] 129 S.Ct. 1937 [173 L.Ed.2d 868] (2009). Therefore, for the reasons stated in the Court’s February 21st Order, the Court GRANTS Defendant’s Motion to Dismiss Plaintiffs FAC.

TWC J.A. 1; DirecTV J.A. 1.

K-Tech timely filed its Notice of Appeal on May 25, 2012. We issued our decision in R+L Carriers, Inc. v. DriverTech LLC (In re Bill of Lading Transmission & Processing System Patent Litigation), 681 F.3d 1323 (Fed.Cir.2012), on June 7, 2012.

B. Patented Technology

K-Tech describes its patents as identifying systems and methods for modifying a major channel number, a minor channel number, and/or a carrier frequency to identify a television program. The following claims were specifically identified in each of the First Amended Complaints:

Claim 24 of the '903 patent:

A method of translating a digital television signal, comprising the steps of:
receiving a first digital television signal and generating a digital transport stream from the first digital television [1281]*1281signal, the digital transport stream including original PSIP data having RX channel data;
updating the original PSIP data in the digital transport stream by replacing the RX channel data with TX channel data; and
converting the digital transport stream having the updated PSIP data into a second digital television signal, wherein the RX channel data is associated with the first digital television signal and includes at least one of a major channel number, a minor channel number, and a carrier frequency, and the TX channel data is associated with the second digital television signal and includes at least one of an updated major channel number, an updated minor channel number, and an updated carrier frequency.

Claim 13 of the '533 patent:

A method of translating, comprising

separating a first program information table from video data and audio data contained in a first digital transport stream, the first program information table containing one or more attributes for a virtual channel of a digital television signal carried in the first digital transport stream;
forming a second program information table having one or both of a new carrier frequency and new virtual channel number;
combining the second program information table with the separated video and audio data to form a second digital transport stream;

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Bluebook (online)
714 F.3d 1277, 2013 WL 1668960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/k-tech-telecommunications-inc-v-time-warner-cable-inc-cafc-2013.