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Neo Wireless, LLC v. Mercedes-Benz USA, LLC

Docket 2:22-cv-11769, Michigan Eastern District Court (Aug. 2, 2022)
Judge Terrence G. Berg, presiding
Patent
DivisionDetroit
Cause15:1126 Patent Infringement
Case Type830 Patent
Tags830 Patent, 830 Patent
Patent10075941; 10447450; 10771302; 10833908; 10965512; 8467366, 10075941, 10447450, 10771302, 10833908, 10965512, 8467366
Plaintiff Neo Wireless, LLC
Defendant Mercedes-Benz USA, LLC
Defendant Mercedes-Benz Usa, LLC
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No. 11 ORDER granting 10 Joint Motion to Dismiss

Document Neo Wireless, LLC v. Mercedes-Benz USA, LLC, 2:22-cv-11769, No. 11 (E.D.Mich. Jun. 29, 2023)
Motion to Dismiss (Demurrer)Granted
PURSUANT TO RULE 41(a)(2) Before the Court is Plaintiff Neo Wireless LLC and Defendant Mercedes- Benz USA, LLC’s Joint Motion to Dismiss with Prejudice Pursuant to Federal Rule of Civil Procedure 41(a)(2).
After considering the motion, the Court hereby GRANTS the motion as follows: Defendant Mercedes-Benz USA, LLC is hereby DISMISSED WITH PREJUDICE.
It is further ORDERED that each party will bear its own costs, attorneys’ fees and expenses.
Terrence G. Berg United States District Judge
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No. 1 TRANSFERRED COMPLAINT against Mercedes-Benz USA, LLC with Jury Demand (Filing fee $402 receipt ...

Document Neo Wireless, LLC v. Mercedes-Benz USA, LLC, 2:22-cv-11769, No. 1 (E.D.Mich. Jul. 15, 2022)
The inventors saw an opportunity to create a new wireless communication system meant to address those flaws while incorporating cutting-edge Orthogonal Frequency-Division Multiple Access (OFDMA) based technologies, and, starting in the 2004-2005 timeframe, they filed patents on the work.
Additionally, the communications between Mercedes’s Accused Products and the serving base station include a multitude of signals back and forth in normal operation, such as when establishing connections, sending and receiving control information, sending and receiving reference signaling, communicating data in the uplink and downlink, obtaining networks parameters, etc. And Mercedes’s Accused Products do this across a potentially large range of time and locations, including across a variety of base station equipment and configurations and/or wireless conditions.
Further, industry experts consulted by Neo have confirmed that, based on their experience with and knowledge of the 3GPP standards and their implementation, the Accused Products are configured to practice the covered functionality when they provide LTE connectivity.
Finally, on information and belief, due to the features Mercedes advertises as enabled by the 4G/LTE functionality, including but not limited to remote connectivity and Wi-Fi internet access, Mercedes’s Accused Products Case 2:22-cv-11769-TGB ECF No. 1, PageID.21 Filed 07/15/22 Page 21 of 37
For example, the covered functionality related to reference signaling allows for accurate channel measurement and allocation of bandwidth resources, which is particularly important for highly mobile devices, such as those implemented in Mercedes’s Accused Products, whose Case 2:22-cv-11769-TGB ECF No. 1, PageID.35 Filed 07/15/22 Page 35 of 37
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