`
`
`
`
`
`
`
`COMPLAINT
`
`Plaintiff C-Cation Technologies, LLC (“plaintiff”), through its attorneys, for its
`
`complaint against defendants Comcast Corporation, Charter Communications, Inc., Cequel
`
`Communications, LLC doing business as (“dba”) Suddenlink Communications, Cable One, Inc.,
`
`Almega Cable Inc., Longview Cable Television Company, Inc., and Kilgore Video, Inc.
`
`(collectively “defendants”), alleges as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff is a limited liability company organized and existing under the laws of
`
`the State of Texas with a principal place of business at 150 Purchase Street, Suite 9, Rye, New
`
`York.
`
`2.
`
`Upon information and belief, Defendant Comcast Corporation (“Comcast”) is a
`
`corporation organized and existing under the laws of the State of Pennsylvania with a principal
`
`
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`
`
` Case No. 2:11-cv-30
`
`
`
` DEMAND FOR JURY TRIAL
`
`C-CATION TECHNOLOGIES, LLC,
`
`
`Plaintiff,
`
`v.
`
`
`COMCAST CORPORATION, CHARTER
`COMMUNICATIONS, INC., CEQUEL
`COMMUNICATIONS, LLC dba
`SUDDENLINK COMMUNICATIONS,
`CABLE ONE, INC., ALMEGA CABLE
`INC., LONGVIEW CABLE TELEVISION
`COMPANY, INC., AND KILGORE
`VIDEO, INC.
`
`
`
`
`Defendants.
`
` 1
`
`

`

`place of business at One Comcast Center, Philadelphia, Pennsylvania.
`
`3.
`
`Upon
`
`information and belief, Defendant Charter Communications, Inc.
`
`(“Charter”) is a corporation organized and existing under the laws of the State of Delaware with
`
`a principal place of business at 12405 Powerscourt Drive, Suite 100, St. Louis, Missouri.
`
`4.
`
`Upon information and belief, Defendant Cequel Communications, LLC, dba
`
`Suddenlink Communications (“Suddenlink”) is a limited liability company organized and
`
`existing under the laws of the State of Delaware, with a principal place of business located at
`
`12444 Powerscourt Drive, Suite 450, St. Louis, Missouri.
`
`5.
`
`Upon information and belief, Defendant Cable One, Inc. (“Cable One”) is a
`
`corporation organized and existing under the laws of the State of Delaware, with a principal
`
`place of business at 1314 North 3rd Street, Phoenix, Arizona.
`
`6.
`
`Upon information and belief, Defendant Almega Cable Inc. (“Almega”) is a
`
`corporation organized and existing under the laws of the State of Delaware, with a principal
`
`place of business at 4001 West Airport Freeway, Suite 530, Bedford, Texas.
`
`7.
`
`Upon information and belief, Defendant Longview Cable Television Company,
`
`Inc. (“Longview”) is a corporation organized and existing under the laws of the State of Texas,
`
`with a principal place of business at 711 North High Street, Longview, Texas.
`
`8.
`
`Upon information and belief, Defendant Kilgore Video, Inc. (“Kilgore”) is a
`
`corporation organized and existing under the laws of the State of Texas, with a principal place of
`
`business at 711 North High Street, Longview, Texas.
`
`JURISDICTION AND VENUE
`
`9.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code (for example, 35 U.S.C. §§ 271, 281, 283, 284, and 285).
`
`- 2 -
`
` 2
`
`

`

`10.
`
`Subject matter jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331
`
`and 1338(a).
`
`11.
`
`This Court has personal jurisdiction over Comcast, Charter, Suddenlink, Cable
`
`One, Almega, Longview, and Kilgore (collectively “defendants”). Defendants have conducted
`
`and/or do conduct business within the State of Texas. Defendants have and/or do now, directly
`
`or through intermediaries (including distributors, retailers, and others) ship, distribute, offer for
`
`sale, sell, advertise, operate and use their respective cable system products and services in the
`
`United States, the State of Texas, and the Eastern District of Texas. These infringing cable
`
`system products and services have been and/or continue to be used and purchased by consumers
`
`in the Eastern District of Texas. As a result, defendants have committed or induced the tort of
`
`patent infringement within the State of Texas, and particularly, within the Eastern District of
`
`Texas.
`
`12.
`
`On information and belief, venue in this Judicial District is proper under 28
`
`U.S.C. §§ 1391 and 1400(b) because defendants have regularly conducted business in this
`
`judicial district, and the acts complained of herein occurred in this judicial district.
`
`COUNT ONE – INFRINGEMENT OF U.S. PATENT 5,563,883
`
`13.
`
`On October 8, 1996, United States Letters Patent No. 5,563,883 (“the ’883
`
`patent,” attached as Exhibit A), entitled “Dynamic Channel Management and Signalling [sic]
`
`Method and Apparatus,” were duly and legally issued. Plaintiff is the owner of all rights, title,
`
`and interest in and to the ’883 patent.
`
`14.
`
`15.
`
`The ’883 patent is valid and enforceable.
`
`Upon information and belief, defendants have been and are now infringing,
`
`directly and indirectly by way of inducement and/or contributory infringement, literally and/or
`
`- 3 -
`
` 3
`
`

`

`under the doctrine of equivalents, the ’883 patent by offering for sale, selling, operating,
`
`advertising and marketing cable systems and cable modem products, including systems and
`
`products compliant with the Data Over Cable System Interface Specification (“DOCSIS”)
`
`standard, that fall within the scope of at least one claim of the ’883 patent. More particularly, but
`
`without being limited thereto, defendants operate, advertise, market, and sell cable systems and
`
`cable modem products that perform, or are capable of performing, the Dynamic Channel Change
`
`and Channel Bonding features of the DOCSIS 1.1, 2.0 and 3.0 standards. Any cable systems, or
`
`cable modem products used in such cable systems, that are capable of performing the Dynamic
`
`Channel Change and/or Channel Bonding features of the applicable DOCSIS standards
`
`necessarily infringe one or more claims of the ’883 patent.
`
`16.
`
`Plaintiff has no adequate remedy at law against defendants’ acts of infringement
`
`and, unless defendants are enjoined from their infringement of the ’883 patent, plaintiff will
`
`suffer irreparable harm.
`
`17.
`
`All defendants have knowledge of the ’883 patent at least by way of this
`
`complaint and to the extent they do not cease their infringing activities their infringement is and
`
`continues to be willful and deliberate.
`
`18.
`
`As a result of defendants’ acts of infringement, plaintiff has suffered and will
`
`continue to suffer damages in an amount to be proven at trial.
`
`PRAYER FOR RELIEF
`
`19. WHEREFORE, plaintiff prays for the following relief:
`
`
`
`A.
`
`A judgment in favor of plaintiff that defendants have infringed, directly
`
`and indirectly by way of inducement and/or contributory infringement, literally and/or under the
`
`doctrine of equivalents, at least one claim of the ’883 patent;
`
`- 4 -
`
` 4
`
`

`

`
`
`B.
`
`A permanent injunction, enjoining defendants and their officers, directors,
`
`agents, servants, employees, affiliates, divisions, branches, subsidiaries, parents, and all others
`
`acting in concert or privity with any of them for infringing, inducing the infringement of, or
`
`contributing to the infringement of the ’883 patent;
`
`
`
`C.
`
`An award to plaintiff of the damages to which it is entitled under at least
`
`35 U.S.C. § 284 for defendants’ past infringement and any continuing or future infringement,
`
`including both compensatory damages and treble damages for willful infringement;
`
`
`
`D.
`
`A judgment and order requiring defendants to pay the costs of this action
`
`(including all disbursements), as well as attorneys’ fees as provided by 35 U.S.C. § 285;
`
`
`
`E.
`
`An award to plaintiff of pre-judgment and post-judgment interest on its
`
`damages; and
`
`
`
`F.
`
`Such other further relief in law or equity to which plaintiff may be justly
`
`entitled.
`
`DEMAND FOR JURY TRIAL
`
`20.
`
`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, plaintiff hereby
`
`demands a trial by jury as to all issues so triable.
`
`
`
`- 5 -
`
`
`
` 5
`
`

`

`Dated: January 25, 2011
`
`
`
`
`
`Respectfully submitted:
`
`_/s/ Sam Baxter_________________
`Samuel F. Baxter
`Texas State Bar No. 01938000
`sbaxter@mckoolsmith.com
`104 East Houston, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`
`
`Attorneys for C-Cation Technologies, LLC
`
`
`- 6 -
`
`
`
`Of Counsel:
`
`Lewis V. Popovski
`Jeffrey S. Ginsberg
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
`Fax: (212) 425-5288
`lpopovski@kenyon.com
`jginsberg@kenyon.com
`
`
`
` 6
`
`

`

`2JS 44 (Rev. 12/07)
`
` CIVIL COVER SHEET
`The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
`by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
`the civil docket sheet.
`(SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
`I. (a) PLAINTIFFS
`C-CATION TECHNOLOGIES, LLC
`
`DEFENDANTS
`COMCAST CORPORATION, CHARTER COMMUNICATIONS, INC.,
`CEQUEL COMMUNICATIONS, LLC dba SUDDENLINK
`COMMUNICATIONS, CABLE ONE, INC., et al.
`County of Residence of First Listed Defendant
`(IN U.S. PLAINTIFF CASES ONLY)
`NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
` LAND INVOLVED.
`
`(b) County of Residence of First Listed Plaintiff
`Westchester, New York
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`(c) Attorney’s (Firm Name, Address, and Telephone Number)
`Sam Baxter; McKool Smith; 104 East Houston, Suite 300; Marshall, Texas
`75670; (903) 923-9000
`
` Attorneys (If Known)
`
`II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
`
`u 1 U.S. Government
`Plaintiff
`
`u 3 Federal Question
`(U.S. Government Not a Party)
`
`u 2 U.S. Government
`Defendant
`
`u 4 Diversity
`(Indicate Citizenship of Parties in Item III)
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff
`(For Diversity Cases Only)
`
` and One Box for Defendant)
` PTF DEF
` PTF
` DEF
`Incorporated or Principal Place
`Citizen of This State
`u 1
`u 1
`u 4
`u 4
`of Business In This State
`
`Citizen of Another State
`
`u 2
`
`u 2
`
`Incorporated and Principal Place
`of Business In Another State
`
`u 5
`
`u 5
`
`Citizen or Subject of a
` Foreign Country
`
`u 3
`
`u 3
`
`Foreign Nation
`
`u 6
`
`u 6
`
`PERSONAL INJURY
`u 362 Personal Injury -
` Med. Malpractice
`u 365 Personal Injury -
` Product Liability
`u 368 Asbestos Personal
` Injury Product
` Liability
` PERSONAL PROPERTY
`u 370 Other Fraud
`u 371 Truth in Lending
`u 380 Other Personal
` Property Damage
`u 385 Property Damage
` Product Liability
`
`IV. NATURE OF SUIT (Place an “X” in One Box Only)
`FORFEITURE/PENALTY
`CONTRACT
`TORTS
` PERSONAL INJURY
`u 610 Agriculture
`u 110 Insurance
`u 620 Other Food & Drug
`u 310 Airplane
`u 120 Marine
`u 625 Drug Related Seizure
`u 315 Airplane Product
`u 130 Miller Act
` of Property 21 USC 881
` Liability
`u 140 Negotiable Instrument
`u 630 Liquor Laws
`u 150 Recovery of Overpayment u 320 Assault, Libel &
`u 640 R.R. & Truck
` & Enforcement of Judgment
` Slander
`u 650 Airline Regs.
`u 151 Medicare Act
`u 330 Federal Employers’
`u 660 Occupational
`u 152 Recovery of Defaulted
` Liability
` Safety/Health
`u 340 Marine
` Student Loans
`u 690 Other
`u 345 Marine Product
` (Excl. Veterans)
`LABOR
`u 153 Recovery of Overpayment
` Liability
`u 710 Fair Labor Standards
`u 350 Motor Vehicle
` of Veteran’s Benefits
` Act
`u 160 Stockholders’ Suits
`u 355 Motor Vehicle
`u 720 Labor/Mgmt. Relations
`u 190 Other Contract
` Product Liability
`u 730 Labor/Mgmt.Reporting
`u 195 Contract Product Liability u 360 Other Personal
` & Disclosure Act
`u 196 Franchise
` Injury
` PRISONER PETITIONS u 740 Railway Labor Act
` REAL PROPERTY
` CIVIL RIGHTS
`u 510 Motions to Vacate
`u 790 Other Labor Litigation
`u 210 Land Condemnation
`u 441 Voting
` Sentence
`u 791 Empl. Ret. Inc.
`u 220 Foreclosure
`u 442 Employment
`Habeas Corpus:
` Security Act
`u 230 Rent Lease & Ejectment u 443 Housing/
`u 530 General
`u 240 Torts to Land
`Accommodations
`IMMIGRATION
`u 535 Death Penalty
`u 245 Tort Product Liability
`u 444 Welfare
`u 290 All Other Real Property
`u 445 Amer. w/Disabilities - u 540 Mandamus & Other u 462 Naturalization Application
`u 550 Civil Rights
`u 463 Habeas Corpus -
`Employment
`u 446 Amer. w/Disabilities - u 555 Prison Condition
`Alien Detainee
`u 465 Other Immigration
`Other
`u 440 Other Civil Rights
`Actions
`
`BANKRUPTCY
`u 422 Appeal 28 USC 158
`u 423 Withdrawal
` 28 USC 157
`
`PROPERTY RIGHTS
`u 820 Copyrights
`u 830 Patent
`u 840 Trademark
`
`SOCIAL SECURITY
`u 861 HIA (1395ff)
`u 862 Black Lung (923)
`u 863 DIWC/DIWW (405(g))
`u 864 SSID Title XVI
`u 865 RSI (405(g))
`FEDERAL TAX SUITS
`u 870 Taxes (U.S. Plaintiff
` or Defendant)
`u 871 IRS—Third Party
` 26 USC 7609
`
`OTHER STATUTES
`u 400 State Reapportionment
`u 410 Antitrust
`u 430 Banks and Banking
`u 450 Commerce
`u 460 Deportation
`u 470 Racketeer Influenced and
` Corrupt Organizations
`u 480 Consumer Credit
`u 490 Cable/Sat TV
`u 810 Selective Service
`u 850 Securities/Commodities/
` Exchange
`u 875 Customer Challenge
` 12 USC 3410
`u 890 Other Statutory Actions
`u 891 Agricultural Acts
`u 892 Economic Stabilization Act
`u 893 Environmental Matters
`u 894 Energy Allocation Act
`u 895 Freedom of Information
` Act
`u 900Appeal of Fee Determination
` Under Equal Access
` to Justice
`u 950 Constitutionality of
` State Statutes
`
` (Place an “X” in One Box Only)
`Transferred from
`u 6 Multidistrict
`u 4 Reinstated or
`u 2 Removed from
`u 3 Remanded from
`another district
`Litigation
`Reopened
`State Court
`Appellate Court
`(specify)
`Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
`35 U.S.C. §§ 271, 281, 283, 284, and 285
`Brief description of cause:
`Patent Infringement
`u CHECK IF THIS IS A CLASS ACTION
`UNDER F.R.C.P. 23
`
`u 5
`
`u 7
`
`Appeal to District
`Judge from
`Magistrate
`Judgment
`
`DEMAND $
`
`CHECK YES only if demanded in complaint:
`✔
`u Yes
`u No
`JURY DEMAND:
`
`V. ORIGIN
`u 1 Original
`Proceeding
`
`VI. CAUSE OF ACTION
`
`VII. REQUESTED IN
` COMPLAINT:
`VIII. RELATED CASE(S)
` IF ANY
`DATE
`01/25/2011
`FOR OFFICE USE ONLY
`
`(See instructions):
`
`JUDGE
`
`DOCKET NUMBER
`
`SIGNATURE OF ATTORNEY OF RECORD
`/s/ Sam Baxter
`
`RECEIPT #
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. JUDGE
`
` 7
`
`

`

`JS 44 Reverse (Rev. 12/07)
`
`INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
`
`Authority For Civil Cover Sheet
`The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required
`by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use
`of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint
`filed. The attorney filing a case should complete the form as follows:
`I.
`(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only
`the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving
`both name and title.
`(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time
`of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases,
`the county of residence of the “defendant” is the location of the tract of land involved.)
`(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
`in this section “(see attachment)”.
` II.
`Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one
`of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
`United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
`United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
`Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
`Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box
`1 or 2 should be marked.
`Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the
`different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
`III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section
`for each principal party.
`IV.
`Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient
`to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select
`the most definitive.
`V.
`Origin. Place an “X” in one of the seven boxes.
`Original Proceedings. (1) Cases which originate in the United States district courts.
`Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
`for removal is granted, check this box.
`Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
`Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
`Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
`litigation transfers.
`Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box
`is checked, do not check (5) above.
`Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
`VI.
`Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
`unless diversity.
`Example:
`U.S. Civil Statute: 47 USC 553
`Brief Description: Unauthorized reception of cable service
`VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.
`Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
`Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
`VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers
`and the corresponding judge names for such cases.
`Date and Attorney Signature. Date and sign the civil cover sheet.
`
` 8
`
`

`

`United States Patent
`
`[19]
`
`Cheng
`
`[11] Patent Number:
`
`[45]
`
`Date of Patent:
`
`5,563,883
`
`Oct. 8, 1996
`
`US005563883A
`
`[54‘ DYNAMIC CHANNEL MANAGEMENT AND
`SIGNALLING METHOD AND APPARATUS
`
`[76
`
`[21
`
`[22
`
`[51
`[52
`
`[58
`
`[56
`
`Inventor: Alexander L. Cheng, ll Sprindale
`Ave., White Plains, N.Y. 10604
`
`Appl. No.: 276,534
`
`Filed:
`
`Jul. 18, 1994
`
`Int. Cl.6 ....................................................... H04H 1/04
`U.S. Cl.
`............................. 370/73; 348/12; 370/85.7;
`370/858; 455/42; 455/5.1
`348/6, 9, 12, 13;
`Field of Search
`
`.1, 34.1; 379/71, 73,
`455/3.
`,
`.
`,
`.
`,
`76, 80, 85.3, 85.7, 85.8, 95.1, 95.2
`
`References Cited
`U.S. PATENT DOCUMENTS
`
`. .. . .
`
`4,573,206
`5,132,680
`5,224,097
`5,331,316
`5,355,375
`5,374,952
`5,434,611
`
`2/1986 Grauel et al.
`. . . .. 455/34.1
`7/1992 Tezuka eta].
`. 370/85.8
`6/1993 Kaneshima
`370/85 8
`
`7/1994 Mestdagh ..
`370/857
`10/1994 Christensen
`370/85.8
`12/1994 Flohr .....
`... .. 348/l2
`
`7/1995 Tamura .. . ..
`.. . .. ...... .. . .. 348/12
`Primary Examirzer~Benediet V. Safourek
`
`[57]
`
`ABSTRACT
`
`There is provided a dynamic and adaptable method and
`apparatus to support two-way multi—media communication
`
`services on a multiple access communication system, which
`comprises a central controller, a shared transmission media
`and a plurality of remote terminals dispersed throughout the
`network. The central controller comprises switch and con-
`trol apparatus and a pool of transmitters and receivers. The
`communication channels between the central controller and
`remote terminals are arranged for signalling data and trafiic
`bearer channels in the forward and reverse directions. The
`number of signalling data channels is adjusted to satisfy the
`traffic requirements and for redundancy purposes. The for-
`ward and reverse signalling data channels are coupled in
`difierent mappings to support terminal grouping. Multiple
`access of the remote terminals for the upstream traflie are
`mitigated by separating remote terminals in groups via the
`channel allocation and the terminal assignment process.
`Communication between the central controller and the
`remote terminals follows a multiple access scheme con-
`trolled by the central controller via polling procedure on
`each of the forward signalling data channels independently.
`In case of collision, the central controller engages the remote
`terminals in a selective polling process to resolve the con-
`tention. The overlapping polling method of the controlled
`access scheme increases the utilization of the signalling
`channel and reduces the time required to gain access to the
`shared transmission media. By dynamically adjusting the
`load on signalling data channels, the signalling process is
`greatly improved for efliciency and redundancy against
`anomalies with the added benefit of improved flexibility and
`extensibility. The system is especially useful in a twoeway
`CATV network.
`
`20 Claims, 16 Drawing Sheets
`
`
`
`controller
`
`initialization
`
`FD-x
`
`terminal
`response
`
`contention
`resolution
`
`
`
`
`
`
`on RD-x‘ terminal
`
`
`
`request
`
`selective
`poll
`
` 9
`
`

`

`U.S. Patent
`
`Oct. 8, 1996
`
`Sheet 1 of 16
`
`5,563,883
`
`10
`
`
`
`remoteterminals
`
`5--(
`0)v-—(
`v--1
`
`C3
`
`-4
`4-3
`
`C O U
`
`v-4
`
`CU
`$—4
`4-3
`
`C (
`
`D O
`
`
`
`10
`
`

`

`U.S. Patent
`
`Oct. 8, 1996
`
`Sheet2 of 16
`
`'
`
`5,563,883
`
`RD
`FD
`/1"""k
`
`l_—-I
`
`1-‘-m
`Figure
`
`3a
`
`FD
`n
`
`RD
`0
`
`P
`
`q
`
`Figure
`
`3b
`
`RD
`u
`
`FD
`r
`
`s
`
`I
`Figure
`
`.
`
`3c
`
`initialization
`
`controller
`
`
`
`
`response
`on RD—x'
`
`terminal
`
`
`
`11
`
`

`

`U.S. Patent
`
`Oct. 8, 1996
`
`Sheet 3 of 16
`
`5,563,883
`
`terminal
`
`response
`
`
`
`successful '
`
`transmission
`
` terminal
`failure
`
`processing
`
`Figure 5
`
`12
`
`
`
`count
`
`exceeded
`
`
`
`
`
`12
`
`

`

`U.S. Patent
`
`Oct. 8, 1996
`
`Sheet 4 of 16 '
`
`5,563,883
`
`
`
`
`terminal
`
`
`request
`
`
`
`
`
`registration
`message
`
`
`signalling
`processing
`
`
`newly
`registering
`
`terminal
`NO reassign
`lTlCl'lt
`
`NO
`
`terminal
`
`disable
`
`13
`
`
`
`authorized
`
`polling
`
`cycle
`
`
`available
`capacity
`
`
`
`terminal
`
`assignment
`
`Figure
`
`6
`
`
`
`13
`
`

`

`U.S. Patent
`
`Oct. 8, 1996
`
`Sheet 5 of 16
`
`I 5,563,883
`
`
`
` registration
`toggle x
`between 1/2 frame on RD-x
`
`
`
`
`retry
`count
`
`exceeded
`
`terminal
`
`disable
`
`channel
`
`assignment
`set x and x’
`
`
`
`
`
`
` operatio
`
`
`
`toggle x’
`between 12
`
`
`
`Figure 7
`
`
`
`14
`
`

`

`U.S. Patent
`
`Oct. 8, 1996
`
`Sheet 6 of 16
`
`5,563,883
`
` operation
`
`controller
`
`poll or
`command
`
`
`
`tx.
`
`required
`
`RD-x’
`
` request on
` controller
`response
`
` successful
`
`transmission
`
`
`
`
`
`collision or
`
`error retty
`
`
`
`retry
`count
`
`
`
`exceeded
`
` Figure 8
`
`confirmation
`
`terminal
`
`
`
`15
`
`

`

`U.S.
`
`Patent
`
`Oct. 8, 1996
`
`Sheet 7 of 16
`
`5,563,883
`
`Signalling data frame in the forward
`Signalling data frame in the reverse
`direction sent by central controller:
`direction sent by remote terminals:
`I
`1
`3
`1
`1
`1
`3
`1
`IIEB IRE!
`
`bytes
`
`preamble (PMB)
`sequence to indicate the start of message frame transmission and aid detection of
`collision
`
`Terminal IDentifier (TID)
`terminal identifier for command
`
`Sig
`
`lower TID of the range for the selective poll
`0 (hexadecimal O0) is an invalid TID used for disabling terminal during the
`registration process (SAT/SRT contains the serial number)
`255 (hex FF) for registration process (SAT/SRT contains the serial number)
`nalling Action Type (SAT)
`serial number of the remote terminal for channel assignment during registration
`process
`selective poll including higher TID of the range (used also for general/specific poll)
`selective poll with collision alert including higher range (used also for specific poll)
`in-coming call command on the indicated channel number
`release command
`disable command
`test command
`
`Sig
`
`channel re-assignment command
`nalling Request Type (SRT)
`serial number of the remote terminal for terminal registration process
`on~hook
`off-hook
`switch-hook
`
`ringing
`release
`
`dial-digits
`incoming call blocking
`incoming call unblocking
`feature code (e.g., conference)
`test report
`alarm message (fault and fraud)
`multiple channel request (bandwidth-on-demand)
`channelized services (sub—rate & multiple channels)
`Frame Check Sequence (FCS)
`C
`protection, which covers TID and SAT/SRT fields, against transmission error or
`collision
`
`Figure 9
`
`16
`
`
`
`16
`
`

`

`U.S. Patent
`
`Oct. 8, 1996
`
`Sheet 8 of 16
`
`5,563,883
`
`ranges of remote terminals
`
`N level of
`halving
`
`r36 4-—-—><-—-—><——><j>4-—-->4—>
`
`Oth
`
`1st
`
`17
`
`r32
`
`I33
`
`I34
`
`r35
`
`Figure
`
`10
`
`C0
`
`lines
`
`central
`
`remote
`
`controller
`
`terminals
`
`Figure 11
`
`119
`
`120
`
`121
`
`122
`
`
`
`17
`
`

`

`U.S. Patent
`
`Oct. 8, 1995
`
`Sheet 9 of 16
`
`5,563,883
`
`first poll
`range r11
`
`
`
`
`
`M)
`
`response YES
`
`
`next poll
`range r 1 2
`
`next poll
`range r21
`
`
`
`response YES
`
`next poll
`range 1'22
`
`tx. error
`
`processin _4
`
`
`next poll
`range r31
`
`
`
`
`
`_
`ponmg
`cycle
`
`next poll
`
`in
`UQCI if]
` range
`.
`,b
`Figure 12b
`
`
`P1gure 1-
`3
`
`
`
`Figure 1 2a
`
`18
`
`
`
`18
`
`

`

`U.S. Patent
`
`Oct. 8, 1996
`
`Sheet 10 of 16
`
`5,563,883
`
`from
`Figure 124
`
`‘from
`Fzgure 12a
`
`
`
`
` response
`from r31
`
`
`next poll
`range r41
` response
`from r35
`
`
`
`
`
`ponse from r35
`
`
`processing res-
`
`next poll
`range r49
`
`Figure
`
`12b
`
`
`
`19
`
`

`

`U.S. Patent
`
`Oct. 8, 1996
`
`Sheet 11 of 16 .
`
`5,563,883
`
`
`
`Al.|:llI|32.:
`
`0.5T
`
`H
`
`130
`132
`
`.$:c.5:ou
`_m.::ou
`
`m_a:_E..3
`
`3oEu._
`
`A||:l«i||zmar:
`
`.$:o.::ou
`_n.::uu
`
`..:a:_::3
`«SE9.
`
`Figure
`
`13a
`
`Figure
`
`13b
`
`20
`
`
`
`20
`
`

`

`U.S. Patent
`
`Oct. 8, 1996
`
`Sheet 12 of 16
`
`5,563,883
`
`selective
`
`
`
`polling
`
`first poll
`
`range rll
`
`tx. error
`
`processing
`
`polling
`
`cycle
`
`
`
`
`next poll
`
`range r23
`
`YES
`
`
`
`
`
` YES
`
`response
`from r12
`
`continued in
`
`Figure 14b
`
`processing res-
`
`ponse from rll
`
`next poll
`
`range r21
`
`polling
`cycle
`
`0
`continued in
`
`Figure 1417
`
`Figure
`
`14a
`
`21
`
`
`
`21
`
`

`

`U.S. Patent
`
`Oct. 8, 1996
`
`Sheet 13 of 16
`
`5,$63,883
`
`from
`
`Figure 14a
`
`from
`
`Figure 1 4a
`
`
`rocessmg res-
`next poll
`first poll
`ponse from r12
`range r24
`range r2 2
`
`
`
`
`
`
`
`
`
`
`next poll
`
`range r37
`
`
`
` first poll
`range r24
`
`
`
`Figure 14b
`
`22
`
`
`
`22
`
`

`

`U.S. Patent
`
`Oct. 8, 1996
`
`Sheet 14 of 16'
`
`5,563,883
`
`23
`
`
`
`remoteterminals
`
`.
`
`I-1
`ca
`
`=Q
`
`I‘-1i-3
`
`=o0
`
`central
`
`Figure
`
`15
`
`time
`
`
`
`23
`
`

`

`U.S. Patent
`
`Oct. 3, 1996
`
`Sheet 15 of 16
`
`5,563,883
`
`
`
`micro-
`
`processor
`
`switching
`
`
`
`—-|
`
`—>
`
`10
`
`24
`
`
`
`24
`
`

`

`U.S. Patent
`
`Oct. 8, 1996
`
`Sheet 16 of 16
`
`5,563,883
`
`micro-
`
`processor
`
`
`
`
`telephone
`
`
`
`
`
`14
`
`Figure
`
`17
`
`25
`
`
`
`25
`
`

`

`5,563,883
`
`1
`DYNAMIC CHANNEL MANAGEMENT AND
`SIGNALLING METHOD AND APPARATUS
`
`FIELD OF THE INVENTION
`
`The present invention pertains generally to methods and
`apparatus for facilitating the two-way multi—media commu-
`nication based on a shared transmission media such as
`coaxial cable-TV network, and more specifically to methods
`and apparatus for signalling channel management and pro-
`tocol.
`
`BACKGROUND OF THE INVENTION
`
`A multiple access communication system comprises a
`central controller, a shared transmission media and a plu-
`rality of remote terminals dispersed geographically. To pro-
`vide the means for multiple access is a classical problem in
`communication systems with a shared common transmission
`media. Some of the well known schemes are frequency
`division multiple access or FDMA, time division multiple
`access or TDMA, and code division multiple access or
`CDMA. These multiple access schemes deal with the tech-
`niques of separating the communication bandwidth into
`traflic—bean'ng channels. In a FDMA scheme, the commu-
`nication bandwidth is divided into the frequency bands. The
`TDMA scheme separates the communication bandwidth into
`time slots. The traflic is encoded and then decoded using
`different code in a CDMA scheme.
`
`In all these multiple access schemes the contention for
`access is resolved through signalling protocols on a pre-
`determined and fixed signalling channel. There are propos-
`als to dynamically allocate traflic-bearing eharmels to meet
`the service requirements in terms of lower blocking prob-
`ability. However, in addition to availability, bandwidth and
`delay of the traffic-bearing channel, the traflic requirements
`should include responsiveness of the signalling process and
`the quality of the transmission means.
`The signalling protocols for multiple access communica-
`tion systems fall in two general categories for resolving the
`possible contention: scheduled access via polling or other
`means, and random access contention. In radiotelephony and
`local-arca—nctwork (CSMA/CD) environment, the conten-
`tion is resolved by monitoring the signal during transmis-
`sion, which requires synchronization and/or means to moni-
`tor activities amongst all remote terminals and the central
`controller. In the CATV network, remote terminals have
`different distance from the central controller making syn-
`ehronization difficult. It is also not feasible to detect colli-
`sion, i.e., multiple remote terminals transmit at the same
`time, on the CATV network since the remote terminals are
`attached to different branches of the network. The poll and
`response method is often used to schedule the multiple
`access from plurality of remote terminals, but it has the
`disadvantage of inefliciency due to wasteful interaction with
`remote terminals that are not in need of servicing.
`
`DESCRIPTION OF THE RELATED ART
`
`There are many proposals of means for dynamically
`adjusting the number of trafiic-bearing charmels according
`to varying trafiic demands or the transmission quality in the
`radio telephony environment, e.g., U.S. Pat. Nos. 5,134,709,
`5,235,631 and 5,276,908. In addition U.S. Pat. No. 4,868,
`811 discusses the protocol over the common signalling
`channel for allocation of trallic—bearing channels. U.S. Pat.
`No. 4,870,408 proposes a process of re-assigning subscriber
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`2
`units to balance the traflic load over the available channels.
`U.S. Pat. No. 5,010,329 discloses a method for dynamically
`grouping terminals in blocks for which the central unit
`performs block polling on a common data channel. The
`present invention presents a method to dynamically allocate
`both signalling data and traflie—bearing channels and to
`dynamically assign remote terminals to these charmels.
`The polling scheme is commonly used to resolve conten-
`tion in a multiple access system. U.S. Pat. No. 4,385,314
`proposes a system to sequentially poll all terminals. Due to
`the inherent inefliciency with sequential polling method,
`some proposals with the following variations for perfor-
`mance improvement have been presented. U.S. Pat. No.
`4,754,426 proposes a two-level polling scheme with distrib-
`uted control. U.S. Pat. No. 4,829,297 proposes use of a high
`priority group. U.S. Pat. No. 4,868,816 proposes a binary
`polling scheme, similar to the polling scheme in the present
`invention, with terminal address in each poll. U.S. Pat. No.
`4,924,461 proposes a method to register other pending
`request on a second