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 1006
`
`
`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 1006
`
`
`
`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 -
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