Case 1:13-cv-00921-GMS Document 1 Filed 05/22/13 Page 1 of 9 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. _____________________
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`JURY TRIAL DEMANDED
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`CIRREX SYSTEMS LLC,
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` Plaintiff,
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`v.
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`VERIZON COMMUNICATIONS INC.;
`MOTOROLA SOLUTIONS, INC.;
`ALCATEL-LUCENT, INC.; ALCATEL-
`LUCENT USA, INC.; TELLABS, INC.;
`TELLABS OPERATIONS, INC.;
`TELLABS NORTH AMERICA, INC.,
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` Defendants.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Cirrex Systems LLC (“Cirrex”) alleges as follows:
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`PARTIES
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`1.
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`Cirrex is a Delaware limited liability company with a principal place of
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`business located at 4425 Mariners Ridge, Alpharetta, Georgia 30005.
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`2.
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`Defendant Verizon Communications Inc. (“Verizon”) is a Delaware
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`corporation with a principal place of business at 140 West Street, New York, New York
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`10007. Verizon has appointed The Corporation Trust Company, Corporation Trust
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`Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of
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`process.
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`3.
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`Defendant Motorola Solutions, Inc. (“Motorola”) is a Delaware
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`corporation with a principal place of business at 1303 East Algonquin Road,
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`Schaumburg, Illinois 60196. Motorola has appointed The Corporation Trust Company,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. _____________________
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`JURY TRIAL DEMANDED
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`CIRREX SYSTEMS LLC,
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` Plaintiff,
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`
`v.
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`VERIZON COMMUNICATIONS INC.;
`MOTOROLA SOLUTIONS, INC.;
`ALCATEL-LUCENT, INC.; ALCATEL-
`LUCENT USA, INC.; TELLABS, INC.;
`TELLABS OPERATIONS, INC.;
`TELLABS NORTH AMERICA, INC.,
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` Defendants.
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`
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`
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Cirrex Systems LLC (“Cirrex”) alleges as follows:
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`PARTIES
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`1.
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`Cirrex is a Delaware limited liability company with a principal place of
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`business located at 4425 Mariners Ridge, Alpharetta, Georgia 30005.
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`2.
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`Defendant Verizon Communications Inc. (“Verizon”) is a Delaware
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`corporation with a principal place of business at 140 West Street, New York, New York
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`10007. Verizon has appointed The Corporation Trust Company, Corporation Trust
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`Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of
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`process.
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`3.
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`Defendant Motorola Solutions, Inc. (“Motorola”) is a Delaware
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`corporation with a principal place of business at 1303 East Algonquin Road,
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`Schaumburg, Illinois 60196. Motorola has appointed The Corporation Trust Company,
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`Case 1:13-cv-00921-GMS Document 1 Filed 05/22/13 Page 2 of 9 PageID #: 2
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`Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801, as its agent
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`for service of process.
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`4.
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`Defendant Alcatel-Lucent USA, Inc. (“Alcatel-Lucent USA”) is a
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`Delaware corporation with its principal place of business at 600 Mountain Avenue,
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`Murray Hill, New Jersey 07974. Alcatel-Lucent USA has appointed Corporation Service
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`Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, as its agent
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`for service of process.
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`5.
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`Defendant Alcatel-Lucent, Inc. (“Alcatel-Lucent France”) is a French
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`corporation with its principal place of business at 3 av. Octave Greard, 75007 Paris,
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`France.
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`6.
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`Alcatel-Lucent France and Alcatel-Lucent USA shall be referred to
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`collectively as “Alcatel-Lucent.”
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`7.
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`Defendant Tellabs, Inc. is a Delaware corporation with its principal place
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`of business at One Tellabs Center, 1415 West Diehl Road, Naperville, Illinois 60563.
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`Tellabs, Inc. has appointed The Corporation Trust Company, Corporation Trust Center,
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`1209 Orange Street, Wilmington, Delaware 19801, as its agent for service of process.
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`8.
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`Defendant Tellabs Operations, Inc. (“Tellabs Operations”) is a Delaware
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`corporation having its principal place of business at One Tellabs Center, 1415 West Diehl
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`Road, Naperville, Illinois 60563. Tellabs, Inc. has appointed The Corporation Trust
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`Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801,
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`as its agent for service of process.
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`9.
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`Defendant Tellabs North America, Inc. (“Tellabs North America”) is a
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`Delaware corporation having its principal place of business at One Tellabs Center, 1415
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`2
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`Case 1:13-cv-00921-GMS Document 1 Filed 05/22/13 Page 3 of 9 PageID #: 3
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`West Diehl Road, Naperville, Illinois 60563. Tellabs, Inc. has appointed The
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`Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington,
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`Delaware 19801, as its agent for service of process.
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`10.
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`Tellabs, Inc., Tellabs Operations, and Tellabs North America shall be
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`referred to collectively as “Tellabs.”
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`11.
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`Hereinafter, Verizon, Motorola, Alcatel-Lucent, and Tellabs are
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`collectively referred to as “Defendants.”
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`JURISDICTION AND VENUE
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`12.
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`This action arises under the patent laws of the United States, Title 35 of
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`the United States Code. Accordingly, this Court has subject matter jurisdiction under 28
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`U.S.C. §§ 1331 and 1338(a).
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`13.
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`Defendants are corporations organized and existing under the laws of the
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`State of Delaware or have established minimum contacts with the forum state of
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`Delaware. Thus, Defendants have purposefully availed themselves of the benefits of the
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`state of Delaware and the exercise of jurisdiction over Defendants would not offend
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`traditional notions of fair play and substantial justice.
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`14.
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`Venue is proper in this District under 28 U.S.C. §§ 1391 (b)-(d) and
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`1400(b) because Defendants are subject to personal jurisdiction in this District.
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`15.
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`Joinder of the Defendants in the present action is proper pursuant to 35
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`U.S.C. § 299 because the claims against all Defendants arise out of the same transaction,
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`occurrence, or series of transactions, or occurrences relating to the making, using,
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`importing into the United States, offering for sale, or selling Optical Network Terminals
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`used to provide Verizon customers access to Verizon’s fiber-optic communications
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`3
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`Case 1:13-cv-00921-GMS Document 1 Filed 05/22/13 Page 4 of 9 PageID #: 4
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`network FiOS. More specifically, Motorola, Alcatel-Lucent and Tellabs each provide the
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`accused Optical Network Terminals used by Verizon to provide Verizon customers
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`access to FiOS. Furthermore, questions of fact common to all Defendants will arise in
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`the present action.
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`FACTUAL BACKGROUND
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`16.
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`Optical technologies empower telecommunications, photonic
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`instrumentation, and biomedical devices. For the past two decades, Cirrex has pioneered
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`the development of optics, optical systems, and optical fabrication related to process
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`control and the chemistry of fiber optics. The main objective has been to find solutions
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`that photonic technologies can provide that will benefit instrumentation, communications,
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`and healthcare. To date, Cirrex’s innovation process has provided various novel
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`technologies that combine the effects of multiple conventional optical elements such as
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`filters, mirrors, prisms, and lenses; these are fashioned into highly complex designs on a
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`microscopic scale, enabling fiber optics and lasers to attain uses at a fraction of the size
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`and cost previously thought possible.
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`17.
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`Fiber optics has been recognized as an idyllic solution for
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`telecommunications and has been implemented for the transmission of telephone signals,
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`cable television signals, and Internet communication. Fiber optics communications
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`distribute the information by sending pulses of light through the fiber. Advantageously,
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`fiber optics differs from prior technologies as it provides lower interference, remarkably
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`low loss and attenuation, which ultimately leads to higher bandwidth and better
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`transmission to end users. All of these advantages work under the premise that light is
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`diffused fittingly and this is particularly challenging when light has to be controlled in
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`4
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`Case 1:13-cv-00921-GMS Document 1 Filed 05/22/13 Page 5 of 9 PageID #: 5
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`various stages with very small optical assemblies to prevent unwanted photon entrance,
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`reflection, departure, or appearance in or from the assembly.
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`18.
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`Cirrex’s innovations provide an effective solution to control light and
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`reduce optical noise with specific configurations of elements in optical assemblies. The
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`arrangement and properties of the elements are critical to control light. Cirrex’s objective
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`with their inventions has been to provide optical assemblies for precisely controlling light
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`through particular filters and masks. In telecommunications, it is critically important to
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`be able to achieve the transmission envisioned and ultimately provide end users with
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`reliable, stable, and high-bandwidth signals.
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`COUNT I
`(Infringement of U.S. Patent No. 6,404,953)
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`Cirrex references and incorporates by reference paragraphs 1 through 18
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`19.
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`of this Complaint.
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`20.
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`Cirrex is the owner by assignment of U.S. Patent No. 6,404,953 (the “‘953
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`patent”). The ‘953 patent is entitled “Optical Assembly With High Performance Filter.”
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`The ‘953 patent issued on June 11, 2002. A true and correct copy of the ‘953 patent is
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`attached hereto as Exhibit A.
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`21.
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`Verizon has been and still is infringing at least claim 30 of the ‘953 patent,
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`literally and under the doctrine of equivalents, by using, selling, offering to sell, or
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`importing, without license or authority, Optical Network Terminals (“ONTs”) including,
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`but not limited to, ONTs containing triplexer optical assemblies..
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`22.
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`By way of example only, with reference to Claim 30 of the ‘953 patent,
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`the ONTs distributed by Verizon contain an optical assembly with a waveguide with an
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`end face that leads to a triplexer assembly that contains a thin-film filter (deposited on top
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`5
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`Case 1:13-cv-00921-GMS Document 1 Filed 05/22/13 Page 6 of 9 PageID #: 6
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`of the substrate) in optical communication with the waveguide. The lens puts the thin-
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`film filter in optical communication with the waveguide. The thin-film filter has a first
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`face surface that is optically closer to the waveguide end face and a second face surface
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`opposed to the first face. The triplexer assembly also contains a mask, which is
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`substantially opaque in at least some spectral region, in intimate contact with at least one
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`of the surfaces of the thin-film filter.
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`23. Motorola has been and still is infringing at least claim 30 of the ‘953
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`patent, literally and under the doctrine of equivalents, by using, selling, offering to sell, or
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`importing, without license or authority, Optical Network Terminals (“ONTs”) including,
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`but not limited to, ONTs containing triplexer optical assemblies..
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`24.
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`By way of example only, Motorola has been and still is making, using,
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`selling, or offering to sell ONTs containing an optical assembly with a waveguide with an
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`end face that leads to a triplexer assembly that contains a thin-film filter in optical
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`communication with the waveguide. The thin-film filter has a first face surface that is
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`optically closer to the waveguide end face and a second face surface opposed to the first
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`face. The triplexer assembly also contains a mask, which is substantially opaque in at
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`least some spectral region, in intimate contact with at least one of the surfaces of the thin-
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`film filter.
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`25.
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`Alcatel-Lucent has been and still is infringing at least claim 30 of the ‘953
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`patent, literally and under the doctrine of equivalents, by using, selling, offering to sell, or
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`importing, without license or authority, Optical Network Terminals (“ONTs”) including,
`
`but not limited to, ONTs containing triplexer optical assemblies.
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`6
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`Case 1:13-cv-00921-GMS Document 1 Filed 05/22/13 Page 7 of 9 PageID #: 7
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`26.
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`By way of example only, Alcatel-Lucent has been and still is making,
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`using, selling, or offering to sell ONTs containing an optical assembly with a waveguide
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`with an end face that leads to a triplexer assembly that contains a thin-film filter in optical
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`communication with the waveguide. The thin-film filter has a first face surface that is
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`optically closer to the waveguide end face and a second face surface opposed to the first
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`face. The triplexer assembly also contains a mask, which is substantially opaque in at
`
`least some spectral region, in intimate contact with at least one of the surfaces of the thin-
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`film filter.
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`27.
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`Tellabs has been and still is infringing at least claim 30 of the ‘953 patent,
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`literally and under the doctrine of equivalents, by using, selling, offering to sell, or
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`importing, without license or authority, Optical Network Terminals (“ONTs”) including,
`
`but not limited to, ONTs containing triplexer optical assemblies.
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`28.
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`By way of example only, Tellabs has been and still is making, using,
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`selling, or offering to sell ONTs containing an optical assembly with a waveguide with an
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`end face that leads to a triplexer assembly that contains a thin-film filter in optical
`
`communication with the waveguide. The thin-film filter has a first face surface that is
`
`optically closer to the waveguide end face and a second face surface opposed to the first
`
`face. The triplexer assembly also contains a mask, which is substantially opaque in at
`
`least some spectral region, in intimate contact with at least one of the surfaces of the thin-
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`film filter.
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`29.
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`To the extent applicable, the requirements of 35 U.S.C. § 287(a) have been
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`met with respect to the ‘953 patent.
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`7
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`Case 1:13-cv-00921-GMS Document 1 Filed 05/22/13 Page 8 of 9 PageID #: 8
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`30.
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`As a result of Defendants’ infringement of the ‘953 patent, Cirrex has
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`suffered monetary damages in an amount adequate to compensate for Defendants’
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`infringement, but in no event less than a reasonable royalty for the use made of the
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`invention by Defendants, together with interest and costs as fixed by the Court, and
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`Cirrex will continue to suffer damages in the future unless Defendants’ infringing
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`activities are enjoined by this Court.
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`31.
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`Unless a permanent injunction is issued enjoining Defendants and their
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`agents, servants, employees, representatives, affiliates, and all others acting or in active
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`concert therewith from infringing the ‘953 patent, Cirrex will be greatly and irreparably
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`harmed.
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`PRAYER FOR RELIEF
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`Cirrex prays for the following relief:
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`1.
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`A judgment that Verizon has infringed one or more claims of the ‘953
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`patent;
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`patent;
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`2.
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`A judgment that Motorola has infringed one or more claims of the ‘953
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`3.
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`A judgment that Alcatel-Lucent has infringed one or more claims of the
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`‘953 patent;
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`4.
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`A judgment that Tellabs has infringed one or more claims of the ‘953
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`patent;
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`5.
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`A permanent injunction enjoining Defendants and their officers, directors,
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`agents, servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all
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`others acting in active concert or participation with them, from infringing the ‘953 patent;
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`8
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`Case 1:13-cv-00921-GMS Document 1 Filed 05/22/13 Page 9 of 9 PageID #: 9
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`6.
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`An award of damages resulting from Defendants’ acts of infringement in
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`accordance with 35 U.S.C. § 284;
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`7.
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`A judgment and order requiring Defendants to provide accountings and to
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`pay supplemental damages to Cirrex, including, without limitation, prejudgment and
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`post-judgment interest; and
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`8.
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`Any and all other relief to which Cirrex may show itself to be entitled.
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`JURY TRIAL DEMANDED
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`Cirrex hereby demands a trial by jury of all issues so triable.
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`May 22, 2013
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`OF COUNSEL:
`
`Marc A. Fenster
`Daniel P. Hipskind
`RUSS, AUGUST & KABAT
`12424 Wilshire Boulevard 12th Floor
`Los Angeles, California 90025
`mfenster@rawklaw.com
`dhipskind@raklaw.com
`(310) 826-7474
`
`
`BAYARD, P.A.
`
` /s/ Stephen B. Brauerman
`Richard D. Kirk (rk0922)
`Stephen B. Brauerman (sb4952)
`Vanessa R. Tiradentes (vt5398)
`222 Delaware Avenue, Suite 900
`Wilmington, DE 19801
`(302) 655-5000
`rkirk@bayardlaw.com
`sbrauerman@bayardlaw.com
`vtiradentes@bayardlaw.com
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`Attorneys for Plaintiff Cirrex Systems LLC
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`9
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