UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`
`PPC BROADBAND, INC.,
`
`Plaintiff,
`
`-vs-
`
`CORNING OPTICAL
`COMMUNICATIONS RF LLC,
`
`Defendant.
`
`Civil Action No. _______________
`1:16-cv-162 (BKS/TWD)
`5:16-cv-162 (BKS/TWD)
`JURY TRIAL DEMANDED
`
`COMPLAINT
`
`Plaintiff PPC Broadband, Inc. (“PPC”), by its attorneys, Barclay Damon, LLP, as and for
`
`its Complaint against the defendant, Corning Optical Communications RF LLC (“Corning”),
`
`alleges as follows:
`
`Nature of Action
`
`1.
`
`This action, brought under the Patent Laws of the United States, 35 U.S.C. § 1 et
`
`seq., seeks relief arising out of Corning’s infringement of U.S. Patent Nos. 8,075,338, 8,366,481,
`
`8,469,740, 8,475,205, 8,480,431, and 8,485,845 (collectively, the “Patents-in-Suit”), of which
`
`PPC is the owner by assignment.
`
`Parties
`
`2.
`
`PPC is a corporation organized and existing under the laws of the State of
`
`Delaware, with its principal place of business at 6176 East Molloy Road, East Syracuse, New
`
`York.
`
`3.
`
`Upon information and belief, Corning is a limited liability company organized and
`
`existing under the laws of the State of Delaware, with its principal place of business at 5310 W.
`
`Camelback Road, Glendale, Arizona.
`
`CORNING EXHIBIT 1012
`
`
`NORTHERN DISTRICT OF NEW YORK
`
`PPC BROADBAND, INC.,
`
`Plaintiff,
`
`-vs-
`
`CORNING OPTICAL
`COMMUNICATIONS RF LLC,
`
`Defendant.
`
`Civil Action No. _______________
`1:16-cv-162 (BKS/TWD)
`5:16-cv-162 (BKS/TWD)
`JURY TRIAL DEMANDED
`
`COMPLAINT
`
`Plaintiff PPC Broadband, Inc. (“PPC”), by its attorneys, Barclay Damon, LLP, as and for
`
`its Complaint against the defendant, Corning Optical Communications RF LLC (“Corning”),
`
`alleges as follows:
`
`Nature of Action
`
`1.
`
`This action, brought under the Patent Laws of the United States, 35 U.S.C. § 1 et
`
`seq., seeks relief arising out of Corning’s infringement of U.S. Patent Nos. 8,075,338, 8,366,481,
`
`8,469,740, 8,475,205, 8,480,431, and 8,485,845 (collectively, the “Patents-in-Suit”), of which
`
`PPC is the owner by assignment.
`
`Parties
`
`2.
`
`PPC is a corporation organized and existing under the laws of the State of
`
`Delaware, with its principal place of business at 6176 East Molloy Road, East Syracuse, New
`
`York.
`
`3.
`
`Upon information and belief, Corning is a limited liability company organized and
`
`existing under the laws of the State of Delaware, with its principal place of business at 5310 W.
`
`Camelback Road, Glendale, Arizona.
`
`CORNING EXHIBIT 1012
`
`
`
`Jurisdiction and Venue
`
`4.
`
`This Court has subject matter jurisdiction over the asserted claims pursuant to 28
`
`U.S.C. §§ 1331 and 1338, and 35 U.S.C. § 281.
`
`5.
`
`This Court has personal jurisdiction over Corning, which regularly engages in
`
`extensive business transactions and solicitations in the State of New York and within this
`
`District, has contracted to supply goods and services within this District, and/or has committed
`
`acts of patent infringement in this District by making, selling and/or offering to sell, directly
`
`and/or through its agents or distributors, products that infringe one or more of the claims of one
`
`or more of PPC’s patents.
`
`6.
`
`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and/or 1400, because,
`
`upon information and belief, a substantial part of the events or omissions giving rise to the
`
`claims occurred in this District.
`
`Factual Allegations
`
`The Industry
`
`7.
`
`PPC is a worldwide leader in the design and manufacture of coaxial cable
`
`connectors for the cable and telecommunication industries.
`
`8.
`
`PPC invests a substantial amount of capital
`
`in product development and
`
`improvement to maintain its position as a leading producer of innovative cable connector
`
`products.
`
`9.
`
`Coaxial cable connectors are used to link coaxial cable between various electronic
`
`devices, including televisions, set top boxes, and broadband modems.
`
`10.
`
`PPC’s cable connectors are used indoors and outdoors to connect cables from
`
`external sources (e.g., a utility pole) to end-user electronic devices.
`
`- 2 -
`
`
`
`11.
`
`Due to the high cost of labor associated with installing and maintaining cable
`
`connections, manufacturers of coaxial cable connectors attempt to design connectors that allow
`
`installers to create a long-term, reliable connection as quickly and easily as possible.
`
`The Patents-in-Suit
`
`12.
`
`On October 18, 2010, PPC filed a patent application on the invention of Noah
`
`Montena, U.S. Patent Application Serial No. 12/906,503 (the “’503 Application”), entitled
`
`“Connector Having A Constant Contact Post.”
`
`13.
`
`On December 13, 2011, the ’503 Application resulted in the issuance of U.S. Patent
`
`No. 8,075,338 (the “’338 Patent”). The ’338 Patent was assigned to PPC. PPC is the sole owner
`
`of, and has the sole right to sue upon, the ’338 Patent. A copy of the ’338 Patent is filed
`
`herewith as Exhibit A.
`
`14.
`
`On March 30, 2011, PPC filed a patent application on the invention of Trevor Ehret,
`
`Richard A. Haube, Noah Montena, and Souheil Zraik, U.S. Patent Application Serial No.
`
`13/075,406 (the “’406 Application”), entitled “Continuity Maintaining Biasing Member.”
`
`15.
`
`On February 5, 2013, the ’406 Application resulted in the issuance of U.S. Patent
`
`No. 8,366,481 (the “’481 Patent”). The ’481 Patent was assigned to PPC. PPC is the sole owner
`
`of, and has the sole right to sue upon, the ’481 Patent. A copy of the ’481 Patent is filed
`
`herewith as Exhibit B.
`
`16.
`
`On December 24, 2012, PPC filed a patent application on the invention of Trevor
`
`Ehret, Richard A. Haube, Noah Montena, and Souheil Zraik, U.S. Patent Application Serial No.
`
`13/726,347 (the “’347 Application”), entitled “Continuity Maintaining Biasing Member.”
`
`17.
`
`On June 25, 2013, the ’347 Application resulted in the issuance of U.S. Patent No.
`
`8,469,740 (the “’740 Patent”). The ’740 Patent was assigned to PPC. PPC is the sole owner of,
`
`- 3 -
`
`
`
`and has the sole right to sue upon, the ’740 Patent. A copy of the ’740 Patent is filed herewith as
`
`Exhibit C.
`
`18.
`
`On December 24, 2012, PPC filed a patent application on the invention of Trevor
`
`Ehret, Richard A. Haube, Noah Montena, and Souheil Zraik, U.S. Patent Application Serial No.
`
`13/726,349 (the “’349 Application”), entitled “Continuity Maintaining Biasing Member.”
`
`19.
`
`On July 2, 2013, the ’349 Application resulted in the issuance of U.S. Patent No.
`
`8,475,205 (the “’205 Patent”). The ’205 Patent was assigned to PPC. PPC is the sole owner of,
`
`and has the sole right to sue upon, the ’205 Patent. A copy of the ’205 Patent is filed herewith as
`
`Exhibit D.
`
`20.
`
`On December 24, 2012, PPC filed a patent application on the invention of Trevor
`
`Ehret, Richard A. Haube, Noah Montena, and Souheil Zraik, U.S. Patent Application Serial No.
`
`13/726,339 (the “’339 Application”), entitled “Continuity Maintaining Biasing Member.”
`
`21.
`
`On July 9, 2013, the ’339 Application resulted in the issuance of U.S. Patent No.
`
`8,480,431 (the “’431 Patent”). The ’431 Patent was assigned to PPC. PPC is the sole owner of,
`
`and has the sole right to sue upon, the ’431 Patent. A copy of the ’431 Patent is filed herewith as
`
`Exhibit E.
`
`22.
`
`On December 24, 2012, PPC filed a patent application on the invention of Trevor
`
`Ehret, Richard A. Haube, Noah Montena, and Souheil Zraik, U.S. Patent Application Serial No.
`
`13/726,356 (the “’356 Application”), entitled “Continuity Maintaining Biasing Member.”
`
`23.
`
`On July 16, 2013, the ’356 Application resulted in the issuance of U.S. Patent No.
`
`8,485,845 (the “’845 Patent”). The ’845 Patent was assigned to PPC. PPC is the sole owner of,
`
`and has the sole right to sue upon, the ’845 Patent. A copy of the ’845 Patent is filed herewith as
`
`Exhibit F.
`
`- 4 -
`
`
`
`24.
`
`PPC has not licensed Corning to practice the Patents-in-Suit and Corning has no
`
`right or authority to license others to practice the Patents-in-Suit.
`
`25.
`
`Corning has actual notice of its infringement of the Patents-in-Suit at least as a
`
`result of the commencement of this action.
`
`Count I
`(Infringement of the ’338 Patent)
`
`26.
`
`PPC repeats and reasserts all allegations contained in Paragraphs 1 through 25
`
`above as if they were stated in full herein.
`
`27.
`
`Corning has infringed at least claims 5, 6, and 8 of the ’338 Patent, within the
`
`meaning of 35 U.S.C. § 271, by making, using, selling, offering for sale, and/or importing
`
`coaxial cable connectors, including, but not necessarily limited to, Corning’s UltraShield series
`
`connectors that bear model numbers such as GF-URS-6 (NS-11788-1), GF-URS-6-K (NS-
`
`11880), GF-URS-6-SR (NS-11878), and Corning’s EFC series connectors that bear model
`
`numbers such as GF-EFC-59 (NS-12039-1), GF-EFC-59-K (NS-12044-1), GF-EFC-59-SR (NS-
`
`12043-1), GF-EFC-6 (NS-12045-1), GF-EFC-6-K (NS-12050-1), and GF-EFC-6-SR (NS-
`
`12049-1).
`
`28.
`
`Corning’s acts of infringement cause PPC irreparable harm and damages in an
`
`amount to be proven at trial, including lost sales, lost profits, lost sales opportunities, and loss of
`
`goodwill.
`
`29.
`
`Upon information and belief, Corning’s unlawful infringing activity will continue
`
`unless and until Corning is enjoined by this Court from further infringement, and such
`
`infringement will be willful, deliberate, and intentional.
`
`30.
`
`Corning’s continuing infringement will cause PPC further irreparable harm and
`
`damages, and entitle it to recover, among other things, treble damages, attorney fees, and costs.
`
`- 5 -
`
`
`
`Count II
`(Infringement of the ’481 Patent)
`
`31.
`
`PPC repeats and reasserts all allegations contained in Paragraphs 1 through 30
`
`above as if they were stated in full herein.
`
`32.
`
`Corning has infringed at least claims 1, 3, 5, 6, 7, 14, 15, and 16 of the ’481 Patent,
`
`within the meaning of 35 U.S.C. § 271, by making, using, selling, offering for sale, and/or
`
`importing coaxial cable connectors,
`
`including, but not necessarily limited to, Corning’s
`
`UltraShield series connectors that bear model numbers such as GF-URS-6 (NS-11788-1), GF-
`
`URS-6-K (NS-11880), GF-URS-6-SR (NS-11878), and Corning’s EFC series connectors that
`
`bear model numbers such as GF-EFC-59 (NS-12039-1), GF-EFC-59-K (NS-12044-1), GF-EFC-
`
`59-SR (NS-12043-1), GF-EFC-6 (NS-12045-1), GF-EFC-6-K (NS-12050-1), and GF-EFC-6-SR
`
`(NS-12049-1).
`
`33.
`
`Corning’s acts of infringement cause PPC irreparable harm and damages in an
`
`amount to be proven at trial, including lost sales, lost profits, lost sales opportunities, and loss of
`
`goodwill.
`
`34.
`
`Upon information and belief, Corning’s unlawful infringing activity will continue
`
`unless and until Corning is enjoined by this Court from further infringement, and such
`
`infringement will be willful, deliberate, and intentional.
`
`35.
`
`Corning’s continuing infringement will cause PPC further irreparable harm and
`
`damages, and entitle it to recover, among other things, treble damages, attorney fees, and costs.
`
`Count III
`(Infringement of the ’740 Patent)
`
`36.
`
`PPC repeats and reasserts all allegations contained in Paragraphs 1 through 35
`
`above as if they were stated in full herein.
`
`- 6 -
`
`
`
`37.
`
`Corning has infringed at least claims 1, 3, 4, 5, 6, 8, 9, 10, and 11 of the ’740
`
`Patent, within the meaning of 35 U.S.C. § 271, by making, using, selling, offering for sale,
`
`and/or importing coaxial cable connectors, including, but not necessarily limited to, Corning’s
`
`UltraShield series connectors that bear model numbers such as GF-URS-6 (NS-11788-1), GF-
`
`URS-6-K (NS-11880), GF-URS-6-SR (NS-11878), and Corning’s EFC series connectors that
`
`bear model numbers such as GF-EFC-59 (NS-12039-1), GF-EFC-59-K (NS-12044-1), GF-EFC-
`
`59-SR (NS-12043-1), GF-EFC-6 (NS-12045-1), GF-EFC-6-K (NS-12050-1), and GF-EFC-6-SR
`
`(NS-12049-1).
`
`38.
`
`Corning’s acts of infringement cause PPC irreparable harm and damages in an
`
`amount to be proven at trial, including lost sales, lost profits, lost sales opportunities, and loss of
`
`goodwill.
`
`39.
`
`Upon information and belief, Corning’s unlawful infringing activity will continue
`
`unless and until Corning is enjoined by this Court from further infringement, and such
`
`infringement will be willful, deliberate, and intentional.
`
`40.
`
`Corning’s continuing infringement will cause PPC further irreparable harm and
`
`damages, and entitle it to recover, among other things, treble damages, attorney fees, and costs.
`
`Count IV
`(Infringement of the ’205 Patent)
`
`41.
`
`PPC repeats and reasserts all allegations contained in Paragraphs 1 through 40
`
`above as if they were stated in full herein.
`
`42.
`
`Corning has infringed at least claims 42, 43, 44, 45, 46, 47, 48, 49, and 50 of the
`
`’205 Patent, within the meaning of 35 U.S.C. § 271, by making, using, selling, offering for sale,
`
`and/or importing coaxial cable connectors, including, but not necessarily limited to, Corning’s
`
`UltraShield series connectors that bear model numbers such as GF-URS-6 (NS-11788-1), GF-
`
`- 7 -
`
`
`
`URS-6-K (NS-11880), GF-URS-6-SR (NS-11878), and Corning’s EFC series connectors that
`
`bear model numbers such as GF-EFC-59 (NS-12039-1), GF-EFC-59-K (NS-12044-1), GF-EFC-
`
`59-SR (NS-12043-1), GF-EFC-6 (NS-12045-1), GF-EFC-6-K (NS-12050-1), and GF-EFC-6-SR
`
`(NS-12049-1).
`
`43.
`
`Corning’s acts of infringement cause PPC irreparable harm and damages in an
`
`amount to be proven at trial, including lost sales, lost profits, lost sales opportunities, and loss of
`
`goodwill.
`
`44.
`
`Upon information and belief, Corning’s unlawful infringing activity will continue
`
`unless and until Corning is enjoined by this Court from further infringement, and such
`
`infringement will be willful, deliberate, and intentional.
`
`45.
`
`Corning’s continuing infringement will cause PPC further irreparable harm and
`
`damages, and entitle it to recover, among other things, treble damages, attorney fees, and costs.
`
`Count V
`(Infringement of the ’431 Patent)
`
`46.
`
`PPC repeats and reasserts all allegations contained in Paragraphs 1 through 45
`
`above as if they were stated in full herein.
`
`47.
`
`Corning has infringed at least claims 1, 2, 3, 4, 5, 6, 7, 8, and 9 of the ’431 Patent,
`
`within the meaning of 35 U.S.C. § 271, by making, using, selling, offering for sale, and/or
`
`importing coaxial cable connectors,
`
`including, but not necessarily limited to, Corning’s
`
`UltraShield series connectors that bear model numbers such as GF-URS-6 (NS-11788-1), GF-
`
`URS-6-K (NS-11880), GF-URS-6-SR (NS-11878), and Corning’s EFC series connectors that
`
`bear model numbers such as GF-EFC-59 (NS-12039-1), GF-EFC-59-K (NS-12044-1), GF-EFC-
`
`59-SR (NS-12043-1), GF-EFC-6 (NS-12045-1), GF-EFC-6-K (NS-12050-1), and GF-EFC-6-SR
`
`(NS-12049-1).
`
`- 8 -
`
`
`
`48.
`
`Corning’s acts of infringement cause PPC irreparable harm and damages in an
`
`amount to be proven at trial, including lost sales, lost profits, lost sales opportunities, and loss of
`
`goodwill.
`
`49.
`
`Upon information and belief, Corning’s unlawful infringing activity will continue
`
`unless and until Corning is enjoined by this Court from further infringement, and such
`
`infringement will be willful, deliberate, and intentional.
`
`50.
`
`Corning’s continuing infringement will cause PPC further irreparable harm and
`
`damages, and entitle it to recover, among other things, treble damages, attorney fees, and costs.
`
`Count VI
`(Infringement of the ’845 Patent)
`
`51.
`
`PPC repeats and reasserts all allegations contained in Paragraphs 1 through 50
`
`above as if they were stated in full herein.
`
`52.
`
`Corning has infringed at least claims 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of the
`
`’845 Patent, within the meaning of 35 U.S.C. § 271, by making, using, selling, offering for sale,
`
`and/or importing coaxial cable connectors, including, but not necessarily limited to, Corning’s
`
`UltraShield series connectors that bear model numbers such as GF-URS-6 (NS-11788-1), GF-
`
`URS-6-K (NS-11880), GF-URS-6-SR (NS-11878), and Corning’s EFC series connectors that
`
`bear model numbers such as GF-EFC-59 (NS-12039-1), GF-EFC-59-K (NS-12044-1), GF-EFC-
`
`59-SR (NS-12043-1), GF-EFC-6 (NS-12045-1), GF-EFC-6-K (NS-12050-1), and GF-EFC-6-SR
`
`(NS-12049-1).
`
`53.
`
`Corning’s acts of infringement cause PPC irreparable harm and damages in an
`
`amount to be proven at trial, including lost sales, lost profits, lost sales opportunities, and loss of
`
`goodwill.
`
`- 9 -
`
`
`
`54.
`
`Upon information and belief, Corning’s unlawful infringing activity will continue
`
`unless and until Corning is enjoined by this Court from further infringement, and such
`
`infringement will be willful, deliberate, and intentional.
`
`55.
`
`Corning’s continuing infringement will cause PPC further irreparable harm and
`
`damages, and entitle it to recover, among other things, treble damages, attorney fees, and costs.
`
`PPC demands a trial by jury on all issues so triable.
`
`Jury Demand
`
`Request For Relief
`
`WHEREFORE, PPC urges the Court to grant the following relief:
`
`A.
`
`B.
`
`C.
`
`D.
`
`E.
`
`F.
`
`G.
`
`H.
`
`Entry of judgment that Corning has infringed each of the Patents-in-Suit;
`
`Entry of judgment that preliminarily and/or permanently enjoins Corning
`and its representatives, assigns or successors, or any subsidiaries, parents,
`divisions, agents, servants, employees thereof, and/or those in privity with
`Corning from infringing, contributing to the infringement of, and/or
`inducing the infringement of each of the Patents-in-Suit;
`
`Entry of judgment for compensatory damages for patent infringement with
`respect to each of the Patents-in-Suit, as provided in 35 U.S.C. § 284, the
`extent of which will be determined at trial, but in no event less than a
`reasonable royalty, together with interest and costs;
`
`A determination that Corning’s acts of infringement of each of the
`Patents-in-Suit have been willful and an award of enhanced damages of up
`to three times the amount of actual damages pursuant to 35 U.S.C. § 284;
`
`A determination that, pursuant to 35 U.S.C. § 285, this is an exceptional
`case and that PPC be awarded its reasonable attorneys’ fees and costs;
`
`An award of interest on any judgment rendered in this action;
`
`An award of its attorneys’ fees and costs in this action; and
`
`Such other and further relief as is just and proper.
`
`- 10 -
`
`
`
`Date: February 11, 20162011
`
`BARCLAY DAMON, LLP
`
`By:
`
`s/ Douglas J. Nash
`Douglas J. Nash (511889)
`John D. Cook (511491)
`Kathryn D. Cornish (514414)
`
`Office and Post Office Address
`One Park Place
`300 South State Street
`Syracuse, New York 13202
`Telephone:
`(315) 425-2700
`Facsimile:
`(315) 425-2701
`
`Attorneys for Plaintiff
`PPC Broadband, Inc.
`
`11697737.1
`
`- 11 -
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
