Case 1:21-cv-01823-UNA Document 1 Filed 12/27/21 Page 1 of 37 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR DISTRICT OF DELAWARE
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`TIMES FIBER COMMUNICATIONS, INC.,
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`v.
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`PPC BROADBAND, INC.
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`Plaintiff,
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`Defendant.
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`C.A. No. _________________
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`DEMAND FOR JURY TRIAL
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Times Fiber Communications, Inc. (“TFC” or “Plaintiff”) for its Complaint
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`against defendant PPC Broadband, Inc. (“PPC” or “Defendant”), hereby alleges as follows:
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`NATURE OF THE ACTION
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`1.
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`This action for patent infringement, brought under the Patent Laws of the United
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`States, 35 U.S.C. § 1 et seq. seeks damages and other relief arising out of Defendant’s infringement
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`of U.S. Patent Nos. 10,941,016 (the “’016 Patent), 10,988,342 (the “’342 Patent”), 11,001,471 (the
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`“’471 Patent”), 10,906,771 (the “’771 Patent”), and 10,913,632 (the “’632 Patent”) (collectively,
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`the “Patents-in-Suit”).
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`2.
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`3.
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`Times Fiber Communications, Inc. is the owner of the Patents-in-Suit.
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`TFC asserts infringement of all of the Patents-in-Suit against Defendant for its
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`unauthorized making, using, offering to sell, selling, and/or importing in the United States of
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`coaxial cable and coaxial cable bags with reusable reels used to install coaxial cable lines.
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`PARTIES
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`4.
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`Times Fiber Communications, Inc. is a corporation organized and existing under
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`the laws of the State of Delaware, with its principal place of business at 358 Hall Avenue,
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`Wallingford Connecticut 06492.
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`

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`5.
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`PPC is a corporation organized and existing under the laws of the State of
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`Delaware, with its principal place of business at 6176 East Molloy Road, East Syracuse, New
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`York.
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`JURISDICTION AND VENUE
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`6.
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`This Court has subject matter jurisdiction over the asserted patent infringement
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`claims pursuant to 28 U.S.C. §§ 1331 (federal question), 1338 (action arising under an Act of
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`Congress relating to patents), 2201 (creation of remedy), and 2202 (further relief).
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`7.
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`This Court has personal jurisdiction over PPC, at least because PPC is
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`incorporated and has a registered agent for service of process in the State of Delaware and/or
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`because PPC regularly does or solicits business in the State of Delaware and, upon information
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`and belief, has committed one or more acts of patent infringement complained of herein in the
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`District of Delaware.
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`8.
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`This Court additionally has personal jurisdiction over PPC as it has repeatedly
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`purposefully availed itself of the privilege of using the District of Delaware as a forum for bringing
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`its own patent infringement allegations. E.g., PPC Broadband, Inc. v. Amphenol Corporation et
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`al., C.A. No. 21-654-LPS; PPC Broadband, Inc. v. CommScope, Inc., C.A. No. 21-305-LPS; PPC
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`Broadband, Inc. v. Amphenol Corporation et al., C.A. No. 20-1148-LPS.
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`9.
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`Venue is proper in the District of Delaware pursuant to 28 U.S.C. §§ 1391
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`and 1400(b).
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`A.
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`10.
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`FACTUAL ALLEGATIONS
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`Background
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`TFC is a global technology leader in connectors and interconnect systems. TFC’s
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`cable and interconnect products are used in a variety of end markets, with a focus on broadband
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`communications including those that rely on coaxial cable.
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`2
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`

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`Case 1:21-cv-01823-UNA Document 1 Filed 12/27/21 Page 3 of 37 PageID #: 3
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`11.
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`Coaxial cables are a cornerstone of electronic communications infrastructure. As
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`a trailblazer in the coaxial cable space, TFC has optimized the design of its cable products and
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`installation accessories to provide for high level performance cables installed in an efficient and
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`environmentally friendly manner.
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`12.
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`Traditionally, spools of cable coils were individually packaged with single use
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`reels. The reels create a substantial amount of packaging and plastic waste, are cumbersome, and
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`require a significant amount of space for storage as compared to the reel-less coil of cable itself.
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`13.
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`TFC has designed the innovative Tech Service Bag (including but not limited to
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`Tech Service Bag II) that contains a user-friendly frame and reusable reel capable of holding up
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`to 500 feet of cable.1 Not only does this system eliminate cardboard and plastic waste associated
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`with single-use reels (i.e., no need to dispose of a reel after each use), but TFC’s unique reusable
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`reel designs helps create accurate cable drop lengths, thereby mitigating the problem of cable waste
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`when an installer pays out more cable than the installation job requires. Moreover, pre-packaged
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`reel-less coils of cable are easier to store and transport compared with single use reels. The Tech
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`Service Bag provides for easy and fluid cable pay out due to a unique side support system that
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`prevents cable tangle, jams, and reel lock, and has a reinforced bottom that maintains its shape and
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`keeps the bag sturdy. The cover of the bag has a built-in frame that easily engages with the reusable
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`reel and flange apparatus.
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`B.
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`14.
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`Patents-in-Suit
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`The Patents-in-Suit are directed to cable reel apparatuses, systems, and kits that
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`provide for the efficient installation of reel-less pre-wound cable coil into an integrated reusable
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`1
`See, e.g., Amphenol Broadband Solutions, Tech Service Bag Tutorial, YouTube (May 11,
`2015), https://www.youtube.com/watch?v=fKgB1q0ou4k.
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`3
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`

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`Case 1:21-cv-01823-UNA Document 1 Filed 12/27/21 Page 4 of 37 PageID #: 4
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`reel and carry bag. The Patents-in-Suit address the need for an easy installation onto a reusable
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`reel and help reduce the problem of excess payout of cable by the installer.
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`15.
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`The Patents-in-Suit claim priority to U.S. Patent Application No. 14/634,007,
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`filed on February 27, 2015, which issued as U.S. Patent No. 9,695,008.
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`16.
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`The ’016 Patent, titled “Cable Reel,” was filed on October 19, 2020, and was duly
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`and legally issued by the United States Patent and Trademark Office (“USPTO”) to Rakesh
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`Thakare, Caichun Song, Phillip S. Bown, Marvin Bryant, Paul R. Boucher, and Barry Holt on
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`March 9, 2021, and remains unexpired. The ’016 Patent is assigned to TFC. The ’016 Patent is
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`attached hereto as Exhibit A.
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`17.
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`The ’342 Patent, titled “Cable Reel and System of Use,” was filed on October 19,
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`2020, and was duly and legally issued by the USPTO to Rakesh Thakare, Caichun Song, Phillip
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`S. Bown, Marvin Bryant, Paul R. Boucher, and Barry Holt on April 27, 2021, and remains
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`unexpired. The ’342 Patent is assigned to TFC. The ’342 Patent is attached hereto as Exhibit B.
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`18.
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`The ’471 Patent, titled “Cable Reel,” was filed on October 19, 2020, and was duly
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`and legally issued by the USPTO to Rakesh Thakare, Caichun Song, Phillip S. Bown, Marvin
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`Bryant, Paul R. Boucher, and Barry Holt on May 11, 2021, and remains unexpired. The ’471
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`Patent is assigned to TFC. The ’471 Patent is attached hereto as Exhibit C.
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`19.
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`The ’771 Patent, titled “Cable Reel,” was filed on September 16, 2020, and was
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`duly and legally issued by the USPTO to Rakesh Thakare, Caichun Song, Phillip S. Bown, Marvin
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`Bryant, Paul R. Boucher, and Barry Holt on February 2, 2021, and remains unexpired. The ’771
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`Patent is assigned to TFC. The ’771 Patent is attached hereto as Exhibit D.
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`20.
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`The ’632 Patent, titled “Cable Reel,” was filed on September 16, 2020, and was
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`duly and legally issued by the USPTO to Rakesh Thakare, Caichun Song, Phillip S. Bown, Marvin
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`4
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`

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`Bryant, Paul R. Boucher, and Barry Holt on February 9, 2021, and remains unexpired. The ’632
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`Patent is assigned to TFC. The ’632 Patent is attached hereto as Exhibit E.
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`21.
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`TFC is the owner of all rights, title, and interest in and to the Patents-in-Suit. TFC
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`possesses all rights to sue and recover for past and future infringement of the Patents-in-Suit.
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`C.
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`22.
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`PPC’s Accused Products and Infringing Activities
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`PPC offers a line of products designed to carry coaxial cable that include, without
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`limitation, the Perfect Tote™ 500 Cable Bag designed to contain the PPC’s Perfect Flex® Coaxial
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`Cable and Reusable Cable Reel Assembly (hereinafter “Accused Products”).
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`23.
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`On or about October 13, 2020, PPC released the Reusable Reel Solution
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`information sheet attached hereto as Exhibit J, the Installation Instructions attached hereto as
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`Exhibit H, and two product videos attached hereto as Exhibits G and I.
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`24.
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`The Reusable Reel Solution information sheet (Exhibit J) states that “[t]he reel is
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`used with PPC’s Perfect Tote™ Bag for easy transportation and installation at job sites.” And the
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`Installation Instructions (Exhibit H) provide a six-step process for installing Perfect Flex® cable in
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`the Perfect Tote product, including “[o]pen the Perfect Tote™ bag and remove the Reusable Reel.”
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`25.
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`These products are also shown in the two product videos (Exhibits G and I). One
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`video is an instructional video and the other compares the Perfect Tote product instructional video
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`with the instructional video for a CommScope® branded alternative product.
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`26.
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`The product videos (Exhibits G and I) and instruction/information sheets
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`(Exhibits H and J) have been given to PPC’s customers in the United States in connection with
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`their use of the reusable reel with the Perfect Tote since on or about October 13, 2020.
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`27.
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`PPC’s Accused Products directly compete with TFC’s innovative Tech Service
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`Bag and reusable cable reel products.
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`5
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`28.
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`PPC is infringing the Patents-in-Suit by making, using, providing, offering to sell,
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`importing, and selling (directly or through intermediaries) at least the Accused Products in this
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`District and elsewhere in the United States.
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`D.
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`29.
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`PPC’s Knowledge of the Patents-in-Suit
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`PPC has been aware of the invention disclosed in the Patents-in-Suit at least since
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`July 10, 2020, when Amphenol Corporation (the prior owner of the Patents-in-Suit) wrote to PPC
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`asserting that the Accused Products infringed U.S. Patent No. 10,589,957 (the “’957 Patent”),
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`a related patent that also claims priority to U.S. Patent Application No. 14/634,007. PPC filed an
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`action for declaratory judgment of non-infringement of the ’957 patent in the Northern District of
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`New York on April 30, 2021. See PPC Broadband, Inc. v. Amphenol Corp., Case No. 5-21-cv-
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`00504, ECF No. 1 (N.D.N.Y. April 30, 2021).
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`30.
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`The declaratory judgment action was voluntarily dismissed following the
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`execution of a Covenant Not to Sue Regarding U.S. Patent No. 10,589,957 by Amphenol
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`Corporation on September 10, 2021. The Covenant explicitly provided that “[f]or purposes of this
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`Covenant, rights to the ’957 Patent do not include rights to any continuation, continuation-in-part,
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`or divisional of the ’957 Patent.” PPC Broadband, Inc. v. Amphenol Corp., Case No. 5-21-cv-
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`00504, ECF No. 26-2 at 3 (N.D.N.Y. Sept. 13, 2021) (Ex. F). On information and belief, PPC is
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`a sophisticated patent litigant and would have been monitoring the patent issuances and other
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`development activity in this particular family, especially in light of the fact that the Covenant only
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`eliminated infringement exposure for the single patent at issue.
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`31.
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`Given the longstanding patent litigation history between the parties, it would
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`amount to an act of willful blindness for PPC to have been unaware of additional patents claiming
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`priority to U.S. Patent Application No. 14/634,007. Indeed, each of the Patents-in-Suit issued in
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`the time period between when Amphenol Corporation put Defendant on notice of the ’957 Patent,
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`6
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`July 10, 2020, and the execution of the Covenant, September 2021. Moreover, the Tech Service
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`Bag product has been marked with the Patents-in-Suit on Amphenol Corporation’s website
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`(available at https://www.amphenolbroadband.com/patents/).
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`32.
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`In light of the foregoing, Defendant, on information and belief, knew or should
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`have known of each of the Patents-in-Suit on or about the date each such patent issued, and knew
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`or should have known that its manufacture, use, importation, offer for sale, and/or sale of the
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`Accused Products infringed each of the Patents-in-Suit on or about the time each such patent
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`issued.
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`COUNT 1
`INFRINGEMENT OF U.S. PATENT NO. 10,941,016
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`33.
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`TFC repeats and realleges each and every allegation set forth in the preceding
`
`paragraphs as if fully set forth herein.
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`34.
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`On information and belief, PPC is presently making, using, offering for sale,
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`and/or selling at least the Accused Products, which directly infringe one or more claims of the ’016
`
`Patent, literally or under the doctrine of equivalents.
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`35.
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`PPC’s Accused Products practice at least one claim of the ’016 Patent. For
`
`example, claim 1 recites:
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`A cable reel apparatus, comprising:
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`a cable reel for holding a pre-wound, reel-less coil of cable, the cable
`reel including,
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`a central longitudinal axis,
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`a first flange configured to be rotatably coupled to a first frame, the
`first flange being smaller than an outer frame portion of the first
`frame, the first flange having opposite inner and outer sides, and the
`inner side of the first flange having an elongated wall extending
`transversely therefrom along the central longitudinal axis of the
`cable reel, and
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`7
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`

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`a second flange separate from the first flange that is configured to
`be rotatably coupled to a second frame, the second flange being
`smaller than an outer frame portion of the second frame, the second
`flange having opposite inner and outer sides, and the inner side of
`the second flange having a truncated wall extending transversely
`therefrom along the central longitudinal axis of the cable reel;
`
`wherein the elongated wall and the truncated wall are configured to
`be releasably coupled to one another for supporting the pre-wound,
`reel-less coil of cable between the first and second flanges and are
`configured to be decoupled from one another when replacing the
`coil of cable once dispensed from the cable reel apparatus,
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`wherein the coil of cable has an inner diameter, and the elongated
`and truncated walls are sized to be received in the inner diameter
`when supporting the coil of cable,
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`wherein the first frame and the second frame are disposed on inner
`surfaces of a bag that has a payout opening for dispensing cable of
`the coil of cable,
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`wherein the bag is configured such that the second flange is
`removable from the elongated wall of the first flange allowing the
`coil of cable to be loaded on and unloaded from the elongated wall,
`and
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`wherein the first frame is positioned in a base of the bag and the
`second frame is positioned at a cover of the bag, such that when the
`cover of the bag is closed with respect to the base of the bag, the
`second frame releasably couples with the second flange and such
`that when the cover of the bag is opened with respect to the base of
`the bag, the second frame decouples from the second flange.
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`36.
`
`The Accused Products include each of the elements of Claim 1 of the ’016 Patent.
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`To illustrate, Claim 1 of the ’016 Patent recites a “cable reel apparatus,” comprising a cable reel
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`including a “central longitudinal axis,” “a first flange configured to be rotatably coupled to the
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`first frame,” a “second flange separate from the first flange that is configured to be rotatably
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`coupled to a second frame.” Ex. A at Claim 1. Claim 1 requires that the first flange have “opposite
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`inner and outer sides, and the inner side of the first flange having an elongated wall extending
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`transversely therefrom along the central longitudinal axis” and the second flange have “opposite
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`8
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`

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`Case 1:21-cv-01823-UNA Document 1 Filed 12/27/21 Page 9 of 37 PageID #: 9
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`inner and outer sides, and the inner side of the second flange having a truncated wall extending
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`transversely therefrom along the central longitudinal axis,” and the “elongated wall and the
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`truncated wall are configured to be releasably coupled to one another for supporting the pre-
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`wound, reel-less coil of cable between the first and second flanges.” Id. The PPC Reusable Reel
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`Comparison video illustrates the following components. Ex. G.2
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`37.
`
`Claim 1 also recites that the “coil of cable has an inner diameter, and the elongated
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`and truncated walls are sized to be received in the inner diameter when supporting the coil of
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`cable.” Ex. A at Claim 1. The PPC Reusable Reel Comparison video illustrates that the elongated
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`wall of the first flange and truncated wall of the second flanged are sized to support the coil of
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`cable’s inner diameter. Ex. G.
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`2
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`Annotations are added unless stated otherwise.
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`9
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`

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`38.
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`Claim 1 further recites that “the first frame and the second frame are disposed on
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`inner surfaces of a bag that has a payout opening for dispensing cable of the coil of cable” and the
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`“first frame is positioned in a base of the bag and the second frame is positioned at a cover of the
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`bag” such that “when the cover of the bag is opened with respect to the base of the bag, the second
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`frame decouples from the second flange.” Ex. A at Claim 1. When the cover of the bag is open
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`the “bag is configured such that the second flange is removable from the elongated wall of the first
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`flange allowing the coil of cable to be loaded on and unloaded from the elongated wall.” Id. The
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`Perfect Flex Cable & Reusable Reel Installation Instructions (Ex. H) and the PPC Reusable Reel
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`Comparison video (Ex. G) illustrate payout opening, positioning of the first frame and second
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`frame, and the second frame being decoupled from the second flange when the bag is open.
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`10
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`

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`Case 1:21-cv-01823-UNA Document1 Filed 12/27/21 Page 11 of 37 PagelD #: 11
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`coupled to the frame
`7
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`The bagincludes a
`payout opening for
`dispensing cable of the
`coll of cable when the
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`flanges are rotably
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`The first frameis
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`positioned ina
`base of the bag
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`Ex. H.
`Ex. H.
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`The second frame is
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`positioned at a cover
`of the bag and
`releasably couples
`with the second
`
`flange
`
`Ex. G.
`Ex. G.
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`11
`11
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`

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`Case 1:21-cv-01823-UNA Document 1 Filed 12/27/21 Page 12 of 37 PageID #: 12
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`Ex. G.
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`39.
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`PPC’s Accused Products and infringing activities violate one or more subsections
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`of 35 U.S.C. § 271.
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`40.
`
`This description is based on publicly available information and a reasonable
`
`investigation of the structure and operation of the Accused Products. TFC reserves the right to
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`modify this description, including, for example, on the basis of information that it obtains during
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`discovery about the Accused Products and the ’016 Patent.
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`41.
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`On information and belief, at least as of the date of this Complaint and based on
`
`the information set forth herein, PPC also actively, knowingly, and intentionally induces
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`infringement of one or more claims of the ’016 Patent under 35 U.S.C. § 271(b) by actively
`
`encouraging others to import, make, use, sell, and/or offer to sell the Accused Products in the
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`United States. For example, PPC instructs its customers how to install and implement the Accused
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`Products.
`
`42.
`
`On information and belief, at least as of the date of this Complaint and based on
`
`the information set forth herein, PPC further contributes to the infringement of one or more claims
`
`of the ’016 Patent under 35 U.S.C. § 271(c) by offering to sell, selling, and/or importing into the
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`12
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`

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`United States a component of the Accused Products that constitutes a material part of the
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`inventions, knowing the same to be especially made or especially adapted for use in an
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`infringement of the ’016 Patent, and which is not a staple article or commodity of commerce
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`suitable for substantial noninfringing use. For example, PPC’s Accused Products include a cable,
`
`frame, and reel that are a material part of at least the invention of claim 1 of the ’016 Patent for the
`
`reasons set forth above.
`
`43.
`
`Upon information and belief, since on or about the date the ’016 Patent issued, or
`
`in any event, no later than the filing of this Complaint, PPC has had the requisite knowledge, intent,
`
`and/or was willfully blind to the fact that PPC’s Accused Products infringed one or more claims
`
`of the ’016 Patent.
`
`44.
`
`PPC has had knowledge and notice of the ’016 Patent at least as early as the filing
`
`of this Complaint. On information and belief, PPC’s direct infringement has been willful.
`
`45.
`
`TFC meets the criteria for, and is entitled to, temporary, preliminary, and
`
`permanent injunctive relief, preventing PPC from the commercial manufacture, use, sale, offer for
`
`sale within and/or importation into the United States of the Accused Products which infringe the
`
`claims of the ’016 Patent.
`
`46.
`
`PPC’s infringement has damaged and continues to damage TFC in an amount yet
`
`to be determined, constituting at least a reasonable royalty and/or the lost profits that TFC would
`
`have made but for PPC’s acts of infringement, including but not limited to royalties and profits
`
`related to convoyed and derivative sales.
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`COUNT 2
`INFRINGEMENT OF U.S. PATENT NO. 10,988,342
`
`47.
`
`TFC repeats and realleges each and every allegation set forth in the preceding
`
`paragraphs as if fully set forth herein.
`
`13
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`

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`Case 1:21-cv-01823-UNA Document 1 Filed 12/27/21 Page 14 of 37 PageID #: 14
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`48.
`
`On information and belief, PPC is presently making, using, offering for sale,
`
`and/or selling at least the Accused Products, which directly infringe one or more claims of the ’342
`
`Patent, literally or under the doctrine of equivalents.
`
`49.
`
`PPC’s Accused Products practice at least one claim of the ’342 Patent. For
`
`example, claim 1 recites:
`
`A system for using a cable reel apparatus, comprising:
`
`providing components of a separable cable reel for assembly of a
`cable reel apparatus, the components of the separable cable reel
`including,
`
`a first frame,
`
`a second frame, the second frame being separate from the first
`frame,
`
`a first flange configured to engage the first frame, the first flange
`having an inner side and an outer side, the outer side of the first
`flange faces the first frame when the first flange is engaged
`therewith,
`
`a second flange configured to engage the second frame, the second
`flange having an inner side and an outer side, the outer side of the
`second flange faces the second frame when the second flange is
`engaged therewith;
`
`providing a bag having a base and a cover, wherein the bag is sized
`to hold the cable reel apparatus when assembled, the first frame has
`a geometry configured for placement in the base of the bag, and the
`second frame has a geometry configured for placement at or near the
`cover of the bag; and
`
`providing a pre-wound, reel-less coil of cable that is separate from
`the separable cable reel,
`
`wherein the first and second flanges are configured to releasably
`couple with one another to support the pre-wound, reel-less coil of
`cable there between.
`
`50.
`
`The Accused Products include each of the elements of Claim 1 of the ’342 Patent.
`
`To illustrate, Claim 1 of the ’342 Patent recites a “system for using a cable reel apparatus” which
`
`14
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`

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`Case 1:21-cv-01823-UNA Document 1 Filed 12/27/21 Page 15 of 37 PageID #: 15
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`comprises a “first flange configured to engage the first frame” a “second flange configured to
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`engage the second flange,” a “bag having a base and a cover” “sized to hold the cable reel apparatus
`
`when assembled,” and a “pre-wound, reel-less coil of cable that is separate from the separate cable
`
`reel.” Ex. B at Claim 1. The Perfect Flex Cable & Reusable Reel Installation Instructions illustrate
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`the following components. Ex. H.
`
`51.
`
`Claim 1 also recites that “the first frame has a geometry configured for placement
`
`in the base of the bag, and the second frame has a geometry configured for placement at or near
`
`15
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`Case 1:21-cv-01823-UNA Document 1 Filed 12/27/21 Page 16 of 37 PageID #: 16
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`the cover of the bag.” Ex. B at Claim 1. The PPC Reusable Reel Comparison video shows that
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`the first frame is in a base of the bag and the second frame is at the cover of the bag. Ex. G.
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`52.
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`Claim 1 further recites that the first and second flanges are configured to
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`releasably couple with one another to support the pre-wound, reel-less coil of cable there between.”
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`Ex. B at Claim 1. The PPC Reusable Reel Comparison video shows that the flanges have been
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`de-coupled so that the pre-wound, reel-less coil may be placed in between. Ex. G.
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`Case 1:21-cv-01823-UNA Document 1 Filed 12/27/21 Page 17 of 37 PageID #: 17
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`53.
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`PPC’s Accused Products and infringing activities violate one or more subsections
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`of 35 U.S.C. § 271.
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`54.
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`This description is based on publicly available information and a reasonable
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`investigation of the structure and operation of the Accused Products. TFC reserves the right to
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`modify this description, including, for example, on the basis of information that it obtains during
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`discovery about the Accused Products and the ’342 Patent.
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`55.
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`On information and belief, at least as of the date of this Complaint and based on
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`the information set forth herein, PPC also actively, knowingly, and intentionally induces
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`infringement of one or more claims of the ’342 Patent under 35 U.S.C. § 271(b) by actively
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`encouraging others to import, make, use, sell, and/or offer to sell the Accused Products in the
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`United States. For example, PPC instructs its customers how to install and implement the Accused
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`Products.
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`56.
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`On information and belief, at least as of the date of this Complaint and based on
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`the information set forth herein, PPC further contributes to the infringement of one or more claims
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`of the ’342 Patent under 35 U.S.C. § 271(c) by offering to sell, selling, and/or importing into the
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`United States a component of the Accused Products that constitutes a material part of the
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`inventions, knowing the same to be especially made or especially adapted for use in an
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`infringement of the ’342 Patent, and which is not a staple article or commodity of commerce
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`suitable for substantial noninfringing use. For example, PPC’s Accused Products include a cable,
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`frame, and reel that are a material part of at least the invention of claim 1 of the ’342 Patent for the
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`reasons set forth above.
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`57.
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`Upon information and belief, since on or about the date the ’342 Patent issued, or
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`in any event, no later than the filing of this Complaint, PPC has had the requisite knowledge, intent,
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`Case 1:21-cv-01823-UNA Document 1 Filed 12/27/21 Page 18 of 37 PageID #: 18
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`and/or was willfully blind to the fact that PPC’s Accused Products infringed one or more claims
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`of the ’342 Patent.
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`58.
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`PPC has had knowledge and notice of the ’342 Patent at least as early as the filing
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`of this Complaint. On information and belief, PPC’s direct infringement has been willful.
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`59.
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`TFC meets the criteria for, and is entitled to, temporary, preliminary, and
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`permanent injunctive relief, preventing PPC from the commercial manufacture, use, sale, offer for
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`sale within and/or importation into the United States of the Accused Products which infringe the
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`claims of the ’342 Patent.
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`60.
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`PPC’s infringement has damaged and continues to damage TFC in an amount yet
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`to be determined, constituting at least a reasonable royalty and/or the lost profits that TFC would
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`have made but for PPC’s acts of infringement, including but not limited to royalties and profits
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`related to convoyed and derivative sales.
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`COUNT 3
`INFRINGEMENT OF U.S. PATENT NO. 11,001,471
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`61.
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`TFC repeats and realleges each and every allegation set forth in the preceding
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`paragraphs as if fully set forth herein.
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`62.
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`On information and belief, PPC is presently making, using, offering for sale,
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`and/or selling at least the Accused Products, which directly infringe one or more claims of the ’471
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`Patent, literally or under the doctrine of equivalents.
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`63.
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`PPC’s Accused Products practice at least one claim of the ’471 Patent. For
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`example, claim 1 recites:
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`A cable reel apparatus, comprising:
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`a cable reel for holding a coil of cable, the cable reel including,
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`a central longitudinal axis,
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`18
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`Case 1:21-cv-01823-UNA Document 1 Filed 12/27/21 Page 19 of 37 PageID #: 19
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`a first flange configured to be rotatably coupled to a first frame, the
`first flange having opposite inner and outer sides,
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`a second flange separate from the first flange that is configured to
`be rotatably coupled to a second frame, the second flange having
`opposite inner and outer sides, and
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`at least one of the first and second flanges including a hub portion
`extending transversely from the inner side thereof,
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`wherein the first and second flanges are configured to be releasably
`coupled to one another for supporting a coil of cable on the hub
`portion between the first and second flanges along the central
`longitudinal axis of the cable reel and are configured to be decoupled
`from one another when replacing the coil of cable once dispensed
`from the cable reel apparatus,
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`wherein the coil of cable has an inner diameter, and the hub portion
`is sized to be received in the inner diameter when supporting the coil
`of cable,
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`wherein a bag is configured such that the second flange is removable
`from the hub portion of the first flange allowing the coil of cable to
`be loaded on and unloaded from the hub portion,
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`wherein the first frame and the second frame are disposed on inner
`surfaces of the bag that has a payout opening for dispensing cable of
`the coil of cable wherein the first frame is positioned in a base of the
`bag and the second frame is positioned at a cover of the bag, such
`that when the cover of the bag is closed with respect to the base of
`the bag, the second frame releasably couples with the second flange
`and such that when the cover of the bag is opened with respect to
`the base of the bag, the second frame decouples from the second
`flange, and
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`wherein the coil of cable is prepackaged without a cable reel.
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`64.
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`The Accused Products include each of the elements of Claim 1 of the ’471 Patent.
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`To illustrate, Claim 1 of the ’471 Patent recites a “cable reel apparatus” comprising a cable reel
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`with “a central longitudinal axis,” a “first flange configured to be rotatably coupled to a first frame,
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`the first flange having opposite inner and outer sides,” “a second flange separate from the first
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`flange that is configured to be rotatably coupled to a second frame, the second flange having
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`opposite inner and outer sides,” and “at least one of the first and second flanges including a hub
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`19
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`Case 1:21-cv-01823-UNA Document 1 Filed 12/27/21 Page 20 of 37 PageID #: 20
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`portion extending transversely from the inner side thereof.” Ex. C at Claim 1. The “first and
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`second flanges are configured to be releasably coupled to one another for supporting a coil of cable
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`on the hub portion between the first and second flanges.” Id. The PPC Reusable Reel Comparison
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`video illustrates the following components. Ex. G.
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`65.
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`Claim 1 further recites that “the coil of cable has an inner diameter, and the hub
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`portion is sized to be received in the inner diameter when supporting the coil of cable.” Ex. C at
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`Claim 1. The “coil of the cable is prepackaged without a cable reel.” Id. As depicted below, the
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`Perfect Flex Cable & Reusable Reel Installation Instructions (left) explain that the cable reel coil,
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`which is prepackaged without a cable reel, is designed to placed directly onto the hub portion of
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`the reusable reel, as shown in the PPC Reusable Reel Comparison video (right). Ex. G; Ex. H.
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`20
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`Case 1:21-cv-01823-UNA Document 1 Filed 12/27/21 Page 21 of 37 PageID #: 21
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`66.
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`Claim 1 also recites a “bag that has a payout opening for dispensing cable of the
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`coil of cable wherein the first frame is positioned in a base of the bag and the second fra