FOR THE DISTRICT OF MINNESOTA COMMSCOPE …

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA

COMMSCOPE TECHNOLOGIES LLC Plaintiffs, v. CLEARFIELD, INC., Defendant.

) ) ) ) ) ) ) ) ) )

No. __________________ Jury Trial Demanded

Complaint

This is a complaint for patent infringement. Plaintiff CommScope Technologies

LLC (“CommScope”) brings this action against Defendant Clearfield, Inc. (“Clearfield”)

and state as follows.

Parties

1. CommScope Technologies LLC, formerly known as Andrew LLC, is a

Delaware company, headquartered in Hickory, North Carolina with a place of business in

this district at 501 Shenandoah Dr., Shakopee, Minnesota. Together with its affiliated

companies, CommScope designs, manufactures, and sells telecommunications products

and equipment around the world. CommScope’s innovative products are used to build

network infrastructures that enable wired and wireless communications. CommScope’s

products can be found in large buildings, venues and outdoor spaces; in data centers and

buildings of all shapes, sizes and complexity; at wireless cell sites; in telecom central

offices and cable headends; and in FTTx deployments.

CASE 0:17-cv-00307 Document 1 Filed 01/31/17 Page 1 of 77

2

2. Clearfield is a Minnesota corporation having a principal place of business

at 7050 Winnetka Avenue North, Suite 100, Brooklyn Park, Minnesota 55428.

Jurisdiction

3. This action arises under the Patent Act, 35 U.S.C. § 271 et seq.

4. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and

1338(a).

5. This Court has personal jurisdiction over Clearfield. Clearfield is a resident

of Minnesota and maintains an office and transacts business within Minnesota. Upon

information and belief, Clearfield does business and has committed acts of infringement

in this district.

6. Venue is proper in this district under 28 U.S.C. §§ 1391 and 1400(b).

Clearfield resides in this district. Upon information and belief, Clearfield has committed

acts of infringement in this district and has a regular and established place of business in

this district.

Clearfield’s Infringing Products and Activities

7. Clearfield has committed acts of patent infringement by making, using,

selling, offering for sale, and/or importing into the United States telecommunications

connection cabinets and components therefore. Clearfield’s infringing

telecommunications connection cabinets include, without limitation, the FieldSmart®

Fiber Scalability Center 288 PON Cabinet, FieldSmart® Fiber Scalability Center 432

PON Cabinet, FieldSmart® Fiber Scalability Center 576 PON Cabinet, and FieldSmart®

Fiber Scalability Center 1152 PON Cabinet (together “PON Cabinets”). Clearfield’s


3

infringing telecommunications components include, without limitation, the Clearfield

WaveSmart® Ruggedized Splitters.

8. A copy of Clearfield’s Installation Manual for the PON Cabinets is attached

as Exhibit A. Exhibit A is accessible through

http://www.clearfieldconnection.com/products/cabinets/pon-cabinets.html, which is a

link provided on Clearfield’s website http://www.clearfieldconnection.com. Upon

information and belief, Clearfield believes that the product information for the PON

Cabinets in Exhibit A is accurate.

9. A copy of Clearfield’s Data Sheet for the PON Cabinets is attached as

Exhibit B. Exhibit B is accessible through

http://www.clearfieldconnection.com/products/cabinets/pon-cabinets.html, which is a


information and belief, Clearfield believes that the product information for the PON

Cabinets in Exhibit B is accurate.

10. PON Cabinets use Clearfield Clearview® Blue and Clearview® Classic

cassettes. A copy of Clearfield’s Data Sheets for the Clearfield Clearview® Blue and

Clearview® Classic cassettes are attached as Exhibits C and D, respectively. Exhibits C

and D are accessible through

http://www.clearfieldconnection.com/products/cassettes.html, which is a link provided on

Clearfield’s website http://www.clearfieldconnection.com. Upon information and belief,

Clearfield believes that the product information for the Clearview® Blue and Clearview®

Classic cassettes in Exhibits C and D is accurate.


4

11. Upon information and belief, PON Cabinets are offered for sale and sold by

Clearfield with one or more of the Clearview® Blue and/or Clearview® Classic cassettes

installed therein.

12. PON Cabinets use Clearfield WaveSmart® Ruggedized Splitters. A copy

of Clearfield’s Data Sheet for the Clearfield WaveSmart® Ruggedized Splitters is

attached as Exhibit E. Exhibit E is accessible through

http://www.clearfieldconnection.com/products/optical-components/osp-splitters.html,

which is a link provided on Clearfield’s website http://www.clearfieldconnection.com.

Upon information and belief, Clearfield believes that the product information for the

Clearfield WaveSmart® Ruggedized Splitters in Exhibit E is accurate.


selling, offering for sale, and/or importing into the United States telecommunication

connectors. Clearfield’s infringing telecommunication connectors include, without

limitation, the FieldShield SmarTerminal Hardened Pushable Connectors (“FieldShield

Hardened Connector”). Upon information and belief, the FieldShield Hardened

Connector is sold and/or used in connection with multiple pushable connectors, including

for example LC, SC, and MPO connector types.

14. A copy of Clearfield’s Data Sheet for the FieldShield Hardened Connector

is attached as Exhibit F. Exhibit F is accessible through

http://www.clearfieldconnection.com/products/pushable-fiber/fs-hardened-

connectors.html, which is a link provided on Clearfield’s website

http://www.clearfieldconnection.com. Upon information and belief, Clearfield believes


5

that the product information for the FieldShield Hardened Connector in Exhibit F is

accurate.



boxes and components. Clearfield’s infringing telecommunication boxes and

components include, without limitation, the FieldShield® StrongFiber Deploy Reel and

Wall Box (“FieldShield® Deploy Reel and Box”).

16. A copy of Clearfield’s Data Sheet for the FieldShield® Deploy Reel and

Box is attached as Exhibit G. Exhibit G is accessible at

http://www.clearfieldconnection.com/downloads/data-sheets/fs-st-deploy-reel.pdf, which

is a link provided on Clearfield’s website http://www.clearfieldconnection.com. Upon

information and belief, Clearfield believes that the product information for the

FieldShield® Deploy Reel and Box in Exhibit G is accurate. Upon information and

belief, the FieldShield® Deploy Reel and Box are used, offered for sale, and/or sold

together.



panels. Clearfield’s infringing telecommunication panels include, without limitation, the

SmartRoute 1RU 24 Port Panel (“SmartRoute Panel”).

18. A copy of Clearfield’s Data Sheet for the SmartRoute Panel is attached as

Exhibit H. Exhibit H is accessible through

http://www.clearfieldconnection.com/products/panels/smartroute-panel.html, which is a


6



SmartRoute Panel in Exhibit H is accurate.



terminals. Clearfield’s infringing telecommunication terminals include, without

limitation, the FieldShield Multiport SmarTerminal. The FieldShield Multiport

SmarTerminal is offered for sale and sold in several configurations. For example, the

FieldShield MultiPort SmarTerminal has an Optical Components-Splitter configuration, a

Patch Only configuration, and a Patch and Splice configuration.

20. A copy of Clearfield’s Data Sheet for the FieldShield® SmarTerminal

Optical Components configuration is attached as Exhibit I. Exhibit I is accessible

through http://www.clearfieldconnection.com/products/terminals/smarterminal.html,

which is a link provided on Clearfield’s website http://www.clearfieldconnection.com.

Upon information and belief, Clearfield believes that the product information for the

FieldShield® SmarTerminal Optical Components in Exhibit I is accurate.


Patch and Splice configuration is attached as Exhibit J. Exhibit J is accessible through

http://www.clearfieldconnection.com/products/terminals/smarterminal.html, which is a



FieldShield® SmarTerminal Patch and Splice in Exhibit J is accurate.


7


Patch Only configuration is attached as Exhibit K. Exhibit K is accessible through




FieldShield® SmarTerminal Patch Only in Exhibit K is accurate.

23. A copy of Clearfield’s Installation Manual for the FieldShield Multiport

SmarTerminals is attached as Exhibit L. Exhibit L is accessible through




FieldShield Multiport SmarTerminals in Exhibit L is accurate.

Count 1 Claim for Patent Infringement of U.S. Patent No. 7,233,731

24. The allegations of paragraphs 1-23 are re-alleged as if fully set forth herein.

25. CommScope Technologies LLC is the owner of United States Patent No.

7,233,731 (‘731 patent), which issued on June 19, 2007, a copy of which is attached as

Exhibit M.

26. Clearfield has manufactured, used, sold, offered for sale, and/or imported

telecommunications connection cabinets that infringe, literally and under the doctrine of

equivalents, the ‘731 patent. Clearfield’s telecommunications connection cabinets that

infringe the ‘731 patent include, without limitation, the PON Cabinets. By its activities


8

related to making, using, selling, offering for sale, and/or importing in or into the United

States its PON Cabinets Clearfield has infringed and continues to infringe claim 8 and

other claims of the ‘731 patent.

27. Each of the PON Cabinets has a “housing including a front opening for

accessing an interior of the housing, the housing also including a front door for opening

and closing the front opening” as recited in claim 8 of the ‘731 patent. The housing and

front door can be seen, for example, in Exhibit A at pp. 7, 9, 11 and 13 as the outer off-

white structure surrounding the components and cabling.

28. Each of the PON Cabinets has “an array of telecommunications adapters

mounted within the interior of the housing, each telecommunications adapter being

configured for coupling together two fiber optic connectors such that an optical

interconnection is made between the two fiber optic connectors” as recited in claim 8 of

the ‘731 patent. See, e.g., Ex. A at pp. 7, 9, 11 and 13 identifying “Distribution cassettes”

and “Feeder cassettes” with numbers 2 and 3, respectively. The PON Cabinets use

cassettes, and each cassette includes 12 adapters. Id.; see also, e.g., Ex. B at p. 2

(“Clearview® Blue” and “Clearview Classic” cassette types supported) and 3 (“12 ports

in a cassette”); Ex. C. at p. 2 (“loaded with SC/UPC adapters”); Ex. D. at p. 2 (“loaded

with SC/UPC adapters”).

29. Each of the PON Cabinets has “a first fiber optic cord having an end that

terminates at a first fiber optic connector” as recited in claim 8 of the ‘731 patent.

Exhibit A at pages 7, 9, 11 and 13 shows a fiber optic cord having an end that terminates

at a green fiber optic connector in the location identified by number 6.


9

30. Each of the PON Cabinets has “a storage area positioned within the interior

of the housing for temporarily storing fiber optic connectors, the first fiber optic

connector being stored at the storage area” as recited in claim 8 of the ‘731 patent.

Exhibit A at pages 7, 9, 11 and 13 shows a storage area which includes a connector

holder, identified by number 6 as a “Parking block,” positioned within the interior of the

housing for temporarily storing fiber optic connectors, including the first fiber optic

connector. See also Ex. A at p. 41 (“The input and output pigtails for the fiber splitter are

stored and accessed in the parking block located in the top corners of the cabinet.”).

31. The first fiber optic connector in each of the PON Cabinets includes “a

connector body having a first end and a second end, the first fiber optic connector also

including a ferrule positioned at the first end of the connector body, the ferrule having a

side surface and an end surface, the ferrule holding an optical fiber having a polished end

face positioned at the end surface of the ferrule” as recited in claim 8 of the ‘731 patent.

The connectors shown in Exhibit A at pages 7, 9, 11 and 13 in the location identified by

number 6 satisfy these claim limitations.

32. The first fiber optic connector in each of the PON Cabinets includes “a dust

cap having an open end positioned opposite from a closed end, the dust cap including an

inner surface defining a central opening that extends from the open end to the closed end

of the dust cap, the dust cap being mounted on the ferrule of the first fiber optic connector

with the inner surface of the dust cap engaging the side surface of the ferrule and the

closed end of the dust cap opposing the end surface of the ferrule” as recited in claim 8 of


the ‘731

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12

36. Clearfield also indirectly infringes the ‘731 patent, including, for example,

and without limitation, claim 8 under 35 U.S.C. § 271(b) and (c). Customers of the PON

Cabinets having the Clearfield WaveSmart® Ruggedized Splitters and the Clearfield

Clearview® Blue or Classic cassettes installed therein directly infringe at least some

claims, including without limitation claim 8, of the ‘731 patent. Upon information and

belief, Clearfield knows its products are especially made or especially adapted for use in

an infringement. Clearfield knows its PON Cabinets are made to accommodate cassettes

having a plurality of adapters and splitters having pigtails terminating with connectors

and dust caps situated in a connector holder configured to fit within a storage area of the

PON Cabinets. See, e.g., Ex. A at p. 7 (“2. Distribution cassettes”, “3. Feeder cassettes”,

“5. Fiber splitter storage”, “6. Parking block”), p. 41 (“Install the splitter into the top-

most usable slot in the fiber storage bracket and lock into place using the splitter retainer

pin. . . . The input and output pigtails for the fiber splitter are stored and accessed in the

parking block located in the top corners of the cabinet.”); see also, e.g., Ex. B at p. 2

(“Clearview® Blue” and “Clearview Classic” cassette types supported).

37. Clearfield’s products include features that are not staple articles of

commerce suitable for substantial noninfringing uses. There is no substantial use for the

structure defining the “parking block” region(s) in the PON Cabinets other than to

accommodate connector holders for storing connectorized optical fibers, as recited in

claim 8, including for example the foam “parking blocks” of the Clearfield WaveSmart®

Ruggedized Splitters. See, e.g., Ex. A at pp. 7, 9, 11 and 13; Ex. E.


3

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14

components with the specific intent, knowledge or willful blindness to the fact that doing

so would constitute direct infringement of the ‘731 patent.

39. Clearfield’s infringement of the ‘731 patent has been and is willful. There

is no substantial defense in this case and the likelihood of infringement is readily

apparent. Upon information and belief, Clearfield has known about the ‘731 patent

and/or was willfully blind to its existence, particularly given the prior employment

history and knowledge of Clearfield’s employees.

40. CommScope has satisfied the notice or marking provisions of 35 U.S.C. §

287.

41. CommScope has been damaged by Clearfield’s infringement of the ‘731

patent and will continue to be damaged in the future unless Clearfield is enjoined from

infringing the ‘731 patent.




8,811,791 (‘791 patent), which issued on August 19, 2014, a copy of which is attached as

Exhibit N.






related t

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17

See also Ex. A at p. 41 (“The input and output pigtails for the fiber splitter are stored and

accessed in the parking block located in the top corners of the cabinet.”).

49. Upon information and belief, Clearfield knew about or was willfully blind

to the existence of the ‘791 patent prior to service of this Complaint. At least as of

service of this Complaint, Clearfield has knowledge of the ‘791 patent.


and without limitation, claim 1 under 35 U.S.C. § 271(b) and (c). Customers of the PON

Cabinets having the Clearfield WaveSmart® Ruggedized Splitters and the Clearfield

Clearview® Blue or Classic cassettes installed therein directly infringe at least some

claims, including without limitation claim 1, of the ‘791 patent. Upon information and

belief, Clearfield knows its products are especially made or especially adapted for use in

an infringement. Clearfield knows its PON Cabinets are made to accommodate cassettes

having a plurality of adapters and splitters having pigtails terminating with connectors

and dust caps situated in a connector holder configured to fit within a storage area of the

PON Cabinets. See, e.g., Ex. A at p. 7 (“2. Distribution cassettes”, “3. Feeder cassettes”,

“5. Fiber splitter storage”, “6. Parking block”), p. 41 (“Install the splitter into the top-

most usable slot in the fiber storage bracket and lock into place using the splitter retainer

pin. . . . The input and output pigtails for the fiber splitter are stored and accessed in the

parking block located in the top corners of the cabinet.”); see also, e.g., Ex. B at p. 2

(“Clearview® Blue” and “Clearview Classic” cassette types supported).


commerce suitable for substantial noninfringing uses. See, e.g., Ex. A at pp. 7, 9, 11 and


18

13. There is no substantial use for the structure defining the “parking block” region(s) in

the PON Cabinets other than to accommodate the plurality of storage ports for receiving

fiber optic connectors as recited in claim 1. The storage ports are defined in the foam

“parking blocks” of the Clearfield WaveSmart® Ruggedized Splitters. See, e.g., Ex. A at

pp. 7, 9, 11 and 13; Ex. E.

52. Clearfield has actively induced others, including its customers, to infringe

claims of the ‘791 patent, including but not limited to claim 1. For example, Clearfield

supplies product labels on its PON Cabinets and product literature for its PON Cabinets

and associated cassettes and splitters, examples of which are attached as Exhibits A-E,

that instruct and encourage its customers and users of its PON Cabinets to populate the

cabinets with the associated cassettes having adapters, splitters, connectors with dust

caps, and parking block assemblies in a manner that results in direct infringement of the

‘791 patent. For example, shown below is a product label attached to one of Clearfield’s

PON Cabinets that instructs a user to attach a parking block having stored connectors.


There is

out abov

encourag

compon

so would

5

is no sub

apparent

and/or w

history a

5

287.

no other su

ve, Clearfie

gement to i

ents with th

d constitute

3. Clear

bstantial de

t. Upon inf

was willfully

and knowle

4. Comm

ubstantial u

ld has know

ts customer

he specific i

e direct infri

rfield’s infri

fense in thi

formation a

y blind to it

dge of Clea

mScope has

use for the p

wledge of th

rs to assemb

intent, know

ingement o

ingement o

s case and t

and belief, C

ts existence

arfield’s em

s satisfied th

19

parking stru

he ‘791 pate

ble the PON

wledge or w

f the ‘791 p

f the ‘791 p

the likeliho

Clearfield h

e, particular

mployees.

he notice or

ucture in the

ent and give

N Cabinets

willful blind

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patent has b

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791 patent

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C. §


20







7,198,409 (‘409 patent), which issued on April 3, 2007, a copy of which is attached as

Exhibit O.


telecommunications products that infringe, literally and under the doctrine of equivalents,

the ‘409 patent. Clearfield’s telecommunications products that infringe the ‘409 patent

include, without limitation, the Clearfield WaveSmart® Ruggedized Splitters. By its

activities related to making, using, selling, offering for sale, and/or importing in or into

the United States the WaveSmart® Ruggedized Splitters Clearfield has infringed and

continues to infringe claim 26 and other claims of the ‘409 patent.

59. The WaveSmart® Ruggedized Splitters have “a fiber optic connector

including a connector body having a first and a second end, the fiber optic connector also

including a ferrule positioned at the first end of the connector body, the ferrule having a

side surface and an end surface, the ferrule holding an optical fiber having a polished end

face positioned at the end surface of the ferrule” as recited in claim 26 of the ‘409 patent.


The con

limitatio

6

end posi

defining

cap, the

surface o

dust cap

‘409 pat

limitatio

below of

Splitter:

nectors sho

ons.

0. The W

itioned oppo

g a central o

dust cap be

of the dust c

p opposing t

tent. The co

ons. The du

f the Clearf

own in Exhi

WaveSmart

osite from a

opening that

eing mounte

cap engagin

the polished

onnectors sh

ust caps that

field parkin

ibit E and in

® Ruggedi

a closed end

t extends fr

ed on the fe

ng the side

d end face o

hown in Ex

t satisfy the

g block ass

21

n the pictur

zed Splitter

d, the dust c

om the ope

errule of the

surface of t

of the optica

xhibit E hav

ese limitatio

embly from

re below sat

rs have “a d

cap includin

en end to the

e fiber optic

the ferrule a

al fiber” as

ve dust caps

ons can also

m a WaveSm

tisfy these c

dust cap hav

ng an inner

e closed end

c connector

and the clos

recited in c

s that satisfy

o be seen in

mart® Rugg

claim

ving an ope

r surface

d of the dus

r with the in

sed end of t

claim 26 of

fy these clai

n the picture

gedized

en

st

nner

the

f the

im

e


6

holding

ferrule, t

being siz

side of th

the fiber

blocks a

holder”

photogra

satisfy th

in a cabi

photogra

connecto

1. The W

the fiber op

the connect

zed and sha

he connecto

r optic optic

access to the

as recited in

aphs of Cle

hese limitat

inet with co

aph on the r

or holder.

WaveSmart

ptic connect

tor holder h

aped to rece

or holder w

c connector

e first end o

n claim 26

arfield’s PO

tions. The p

onnectors th

right shows

® Ruggedi

tor without

having a fro

eive the firs

while the dus

is held by t

of the conne

of the ‘409

ON Cabinet

photograph

hrough the f

s the dust ca

22

zed Splitter

requiring th

nt side and

t end of the

st cap is mo

the connect

ector body f

patent. Th

ts and Wav

h on the left

front side o

aps on the c

rs have “a c

the dust cap

a back side

e connector

ounted on th

tor holder, t

from the fro

he “parking

eSmart® R

t shows a co

f the conne

connectors t

connector h

p to be remo

e, the conne

body throu

he ferrule, w

the connect

ont side of t

blocks” sh

Ruggedized

onnector ho

ector holder

that are held

holder for

oved from t

ector holder

ugh the fron

wherein wh

tor holder

the connect

hown in the

Splitter bel

older mount

r. The

d within the

the

r

nt

hen

tor

low,

ted

e


Ex. E at

6

to the ex

service o

6

is no sub

apparent

and/or w

history a

6

287.

6

patent an

infringin

p. 1.

2. Upon

xistence of t

of this Com

3. Clear

bstantial de

t. Upon inf

was willfully

and knowle

4. Comm

5. Comm

nd will cont

ng the ‘409

n informatio

the ‘409 pa

mplaint, Clea

rfield’s infri

fense in thi

formation a

y blind to it

dge of Clea

mScope has

mScope has

tinue to be

patent.

on and belie

tent prior to

arfield has k

ingement o

s case and t

and belief, C

ts existence

arfield’s em

s satisfied th

s been dama

damaged in

23

ef, Clearfiel

o service of

knowledge

f the ‘409 p

the likeliho

Clearfield h

e, particular

mployees.

he notice or

aged by Cle

n the future

ld knew abo

f this Comp

of the ‘409

patent has b

ood of infrin

has known a

rly given the

r marking p

earfield’s in

unless Cle

out or was w

plaint. At le

9 patent.

been and is w

ngement is r

about the ‘4

e prior emp

provisions o

nfringemen

arfield is en

willfully bli

east as of

willful. Th

readily

409 patent

ployment

of 35 U.S.C

nt of the ‘40

njoined from

ind

here

C. §

09

m


6

6

7,809,23

Exhibit P

6

telecomm

the ‘233

include,

activitie

the Unit

continue

6

in claim

picture i

Claim

6. The a

7. Comm

33 (‘233 pat

P.

8. Clear

munication

patent. C

without lim

s related to

ed States th

es to infring

9. The W

16 of the ‘

in Exhibit E

m for Paten

allegations o

mScope Tec

tent), which

rfield has m

s products t

learfield’s t

mitation, the

making, us

he WaveSm

ge claim 16

WaveSmart

233 patent.

E and below

Cnt Infringem

of paragrap

chnologies

h issued on

manufactured

that infring

telecommun

e Clearfield

sing, selling

mart® Rugg

and other c

® Ruggedi

The splitte

w.

24

Count 4 ment of U.S

hs 1-65 are

LLC is the

October 5,

d, used, sol

e, literally a

nications pr

d WaveSma

g, offering f

edized Spli

claims of th

zed Splitter

er housing i

S. Patent N

e re-alleged

owner of U

2010, a co

ld, offered f

and under t

roducts that

art® Rugged

for sale, and

itters Clearf

he ‘233 pate

rs have “a s

is shown on

No. 7,809,23

as if fully s

United State

py of which

for sale, and

the doctrine

t infringe th

dized Splitt

d/or import

field has inf

ent.

splitter hous

n the right s

33

set forth he

es Patent N

h is attache

d/or importe

e of equival

he ‘233 pate

ters. By its

ing in or in

fringed and

sing” as rec

side in the

rein.

No.

d as

ed

ents,

ent

s

nto

d

cited


7

within th

signal in

plurality

opposite

patent. T

in the pi

WaveSm

an oppos

7

defining

of the fib

housing,

optically

patent. T

0. The W

he splitter h

nto a plurali

y of fiber op

e the splitter

The fiber op

cture in Ex

mart® Rugg

site end of t

1. The W

g receptacle

ber optic ca

, and the co

y coupling t

The foam c

WaveSmart

housing, the

ity of optica

ptic cables,

r housing by

ptic splitter

hibit E and

gedized Spl

the splitter

WaveSmart

s configure

ables, the co

onnector sto

together two

connector st

® Ruggedi

e fiber optic

al signals ca

each of the

y a fiber op

r is arranged

below. Fu

litter includ

housing by

® Ruggedi

ed to receive

onnector sto

orage modu

o fiber opti

torage modu

25

zed Splitter

c splitter bei

arried away

fiber optic

ptic connect

d in the spli

urther, as se

es a pluralit

y fiber optic

zed Splitter

e and store

orage modu

le not inclu

c connector

ule, shown

rs have “a f

ing configu

y from the s

c cables bein

tor” as recit

itter housin

en in Exhib

ty of fiber o

c connectors

rs have “a c

a plurality

ule being se

uding conne

rs” as recite

on the left

fiber optic s

ured to split

splitter hous

ng terminat

ted in claim

ng shown on

bit E and be

optic cables

s, shown in

connector st

of the optic

eparate from

ecting struct

ed in claim

side in the

splitter arran

t an optical

sing on a

ted at an en

m 16 of the ‘

n the right s

elow, the

s terminated

n green belo

torage mod

cal connecto

m the splitte

ture for

16 of the ‘2

picture in

nged

d

‘233

side

d at

ow.

dule

ors

er

233


Exhibit E

shown b

the fiber

connecti

7

to the ex

service o

7

is no sub

apparent

and/or w

history a

7

287.

E and below

below has re

r optic cable

ing structur

2. Upon

xistence of t

of this Com

3. Clear

bstantial de

t. Upon inf

was willfully

and knowle

4. Comm

w, satisfies

eceptacles c

es, is separa

re for optica

n informatio

the ‘233 pa

mplaint, Clea

rfield’s infri

fense in thi

formation a

y blind to it

dge of Clea

mScope has

these limita

configured t

ate from the

ally couplin

on and belie

tent prior to

arfield has k

ingement o

s case and t

and belief, C

ts existence

arfield’s em

s satisfied th

26

ations. The

to receive a

e splitter ho

ng together t

ef, Clearfiel

o service of

knowledge

f the ‘233 p

the likeliho

Clearfield h

e, particular

mployees.

he notice or

e foam conn

and store th

ousing, and

two fiber op

ld knew abo

f this Comp

of the ‘233

patent has b

ood of infrin

has known a

rly given the

r marking p

nector stora

he fiber opti

does not in

ptic connec

out or was w

plaint. At le

3 patent.

been and is w

ngement is r

about the ‘2

e prior emp

provisions o

age module

c connector

nclude

ctors.

willfully bli

east as of

willful. Th

readily

233 patent

ployment

of 35 U.S.C

rs of

ind

here

C. §


27







9,201,206 (‘206 patent), which issued on December 1, 2015, a copy of which is attached

as Exhibit Q.


telecommunications products that infringe, literally and under the doctrine of equivalents,

the ‘206 patent. Clearfield’s telecommunications products that infringe the ‘206 patent

include, without limitation, the Clearfield WaveSmart® Ruggedized Splitters. By its

activities related to making, using, selling, offering for sale, and/or importing in or into

the United States the WaveSmart® Ruggedized Splitters Clearfield has infringed and

continues to infringe claim 1 and other claims of the ‘206 patent.

79. The WaveSmart® Ruggedized Splitters have “a splitter housing” as recited

in claim 1 of the ‘206 patent. The splitter housing is shown on the right side in the

picture in Exhibit E and below.


8

within th

signal in

plurality

opposite

splitter i

E and be

Splitter i

splitter h

0. The W

he splitter h

nto a plurali

y of fiber op

e the splitter

is arranged

elow. Furth

includes a p

housing by

WaveSmart

housing, the

ity of optica

ptic pigtails

r housing” a

in the splitt

her, as seen

plurality of

fiber optic

® Ruggedi

e fiber optic

al signals ca

, each of th

as recited in

ter housing

in Exhibit

fiber optic

connectors

28

zed Splitter

c splitter bei

arried away

he fiber opti

n claim 1 of

shown on t

E and below

pigtails term

, shown in g

rs have “a f

ing configu

y from the s

ic pigtails h

f the ‘206 p

the right sid

w, the Wav

minated at

green below

fiber optic s

ured to split

splitter hous

having a con

patent. The

de in the pic

veSmart® R

an opposite

w.

splitter arran

t an optical

sing on a

nnectorized

e fiber optic

cture in Exh

Ruggedized

e end of the

nged

d end

c

hibit

e


8

to store

module b

connecti

claim 1

picture i

shown b

optic pig

structure

8

to the ex

service o

8

is no sub

apparent

1. The W

a plurality o

being separ

ing structur

of the ‘206

in Exhibit E

below is con

gtails, is sep

e for optical

2. Upon

xistence of t

of this Com

3. Clear

bstantial de

t. Upon inf

WaveSmart

of the conn

rate from th

re to optical

patent. Th

E and below

nfigured to

parate from

lly coupling

n informatio

the ‘206 pa

mplaint, Clea

rfield’s infri

fense in thi

formation a

® Ruggedi

ectorized en

he splitter h

lly couple to

he foam stor

w, satisfies t

receive and

m the splitter

g together t

on and belie

tent prior to

arfield has k

ingement o

s case and t

and belief, C

29

zed Splitter

nds of the f

ousing, the

ogether two

rage modul

these limitat

d store the f

r housing, a

two fiber op

ef, Clearfiel

o service of

knowledge

f the ‘206 p

the likeliho

Clearfield h

rs have “a s

fiber optic p

storage mo

o fiber optic

le, shown on

ations. The

fiber optic c

and does no

ptic connect

ld knew abo

f this Comp

of the ‘206

patent has b

ood of infrin

has known a

storage mod

pigtails, the

odule not in

c connector

n the left si

foam stora

connectors o

ot include co

tors.

out or was w

plaint. At le

6 patent.

been and is w

ngement is r

about the ‘2

dule configu

e storage

ncluding

rs” as recite

de in the

ge module

of the fiber

onnecting

willfully bli

east as of

willful. Th

readily

206 patent

ured

ed in

ind

here


30




287.







7,809,234 (‘234 patent), which issued on October 5, 2010, a copy of which is attached as

Exhibit R.





related to making, using, selling, offering for sale, and/or importing in or into the United

States its PON Cabinets Clearfield has infringed and continues to infringe claim 8 and

other claims of the ‘234 patent.

89. Each of the PON Cabinets has “an enclosure defining an interior, the

enclosure including a door for at least partially covering an opening used to access the


31

interior” as recited in claim 8 of the ‘234 patent. The enclosure and door can be seen, for

example, in Exhibit A at pp. 7, 9, 11 and 13 as the outer off-white structure surrounding

the components and cabling.

90. Each of the PON Cabinets has “a fiber optic splitter module mounting

location positioned within the interior of the enclosure and accessible from the enclosure

opening” as recited in claim 8 of the ‘234 patent. The fiber optic splitter module

mounting location can be seen, for example, in Exhibit A at pp. 7, 9, 11 and 13 in the

location identified by number 5.

91. Each of the PON Cabinets has “a fiber connection location positioned

within the interior of the enclosure, the fiber connection location including a plurality of

fiber optic adapters, each fiber optic adapter being configured for coupling together two

fiber optic connectors such that an optical interconnection is made between the two fiber

optic connectors” as recited in claim 8 of the ‘234 patent. See, e.g., Ex. A at pp. 7, 9, 11

and 13 identifying “Distribution cassettes” and “Feeder cassettes” with numbers 2 and 3,

respectively. The PON Cabinets use cassettes, and each cassette includes 12 adapters.

Id.; see also, e.g., Ex. B at p. 2 (“Clearview® Blue” and “Clearview Classic” cassette

types supported) and p. 3 (“12 ports in a cassette”); Ex. C. at p. 2 (“loaded with SC/UPC

adapters”); Ex. D. at p. 2 (“loaded with SC/UPC adapters”).

92. Each of the PON Cabinets has “a connector storage location positioned

within the interior of the enclosure, the connector storage location being spaced from the

fiber connection location and from the splitter module mounting location, the connector

storage location including at least one opening in a panel for removably mounting at least


one mul

claim 8

location

“Parking

the fiber

module

cabinets

panel fo

the left s

holder, a

mounted

See, e.g.

pigtails f

top corn

ti-connecto

of the ‘234

which incl

g block,” po

r connection

mounting lo

, shown for

r removably

shows the p

and the pho

d using the

., Ex. A at p

for the fiber

ners of the c

or connector

patent. Ex

udes a mult

ositioned w

n locations,

ocation, ide

r example in

y mounting

panel with a

otograph on

opening in

pp. 7, 9, 11

r splitter are

cabinet.”).

r holder at t

xhibit A at p

ti-connecto

within the int

identified b

entified by n

n the pictur

g the multi-c

an opening f

the right sh

the panel.

and 13; see

e stored and

32

the connect

pages 7, 9, 1

r connector

terior of the

by numbers

number 5.

res below, in

connector c

for mountin

hows the m

e also Ex. A

d accessed

tor storage l

11 and 13 s

r holder, ide

e enclosure

s 2 and 3, a

The storage

ncludes at l

connector h

ng the multi

multi-connec

A at p. 41 (“

in the parki

location” as

shows a con

entified by

and being

and from the

e location o

least one op

holder. The

i-connector

ctor connect

“The input a

ing block lo

s recited in

nnector stor

number 6 a

spaced from

e splitter

of the PON

pening in a

photograph

r connector

tor holder

and output

ocated in th

rage

as a

m

h on

he


33

93. Each of the PON Cabinets has “curved cable management surfaces within

the enclosure that define a first cable path from the splitter module mounting location to

the connector storage location and a second cable path from the splitter module mounting

location to one of the fiber optic adapters in the fiber connection location, wherein the

first cable path is configured to route an optical fiber, which is optically coupled to a

splitter module mounted at the splitter module mounting location, to a connector holder

mounted at the connector storage location when the optical fiber is initially added to the

enclosure, and wherein the second cable path is configured to subsequently route the

same optical fiber to the fiber optic adapter mounted in the fiber connection location

while the optical fiber remains optically coupled to the splitter module” as recited in

claim 8 of the ‘234 patent. Exhibit A at pages 7, 9, 11 and 13 show “Fiber management

rods and spools” identified by number 4, that satisfy this limitation. The annotated figure

below of an exemplary infringing PON Cabinet further confirms that these limitations are

satisfied.


See, e.g.

9

to the ex

service o

9

and with

Cabinets

directly

patent. U

or espec

made to

., Ex. A at p

4. Upon

xistence of t

of this Com

5. Clear

hout limitati

s having the

infringe at

Upon inform

cially adapte

accommod

p. 7; see als

n informatio

the ‘234 pa

mplaint, Clea

rfield also in

ion, claim 8

e Clearfield

least some

mation and

ed for use in

date cassette

so, e.g., Ex.

on and belie

tent prior to

arfield has k

ndirectly in

8 under 35 U

d Clearview

claims, inc

d belief, Cle

n an infring

es having a

34

A at pp. 9,

ef, Clearfiel

o service of

knowledge

nfringes the

U.S.C. § 27

w® Blue or C

luding with

arfield know

gement. Cle

plurality of

11 and 13.

ld knew abo

f this Comp

of the ‘234

‘234 paten

71(b) and (c

Classic cas

hout limitati

ws its prod

earfield kno

f adapters,

.

out or was w

plaint. At le

4 patent.

nt, including

c). Custom

settes instal

ion claim 8

ducts are esp

ows its PON

and that the

Cu

m

su

willfully bli

east as of

g, for examp

mers of the P

lled therein

8, of the ‘23

pecially ma

N Cabinets

e fiber

urved cable

management

urfaces

ind

ple,

PON

n

4

ade

are


35

management spools define optical fiber pathways as described in the ‘234 patent. See,

e.g., Ex. A at p. 7 (“2. Distribution cassettes”, “3. Feeder cassettes”, “5. Fiber splitter

storage”, “6. Parking block”), p. 41 (“Install the splitter into the top-most usable slot in

the fiber storage bracket and lock into place using the splitter retainer pin. Route the

fibers from the splitter over to and around the right side of the D-spool in the lower right

side of the cabinet. Then route the fibers to the top-most radius spool in the upper right

side of the cabinet, loop the fibers over the radius limiter and across the two support

fingers. Install the parking block into the parking block brackets located in the top

corners of the cabinet. . . . The input and output pigtails for the fiber splitter are stored

and accessed in the parking block located in the top corners of the cabinet. Route the

input pigtail to the feeder port . . . Route the output pigtails to the distribution ports.”);

see also, e.g., Ex. B at p. 2 (“Clearview® Blue” and “Clearview Classic” cassette types

supported).


commerce suitable for substantial noninfringing uses. For example, there is no

substantial use for the cassette positions in the PON Cabinets other than to accommodate

cassettes having adapters, including for example the Clearfield Clearview® Blue and

Clearview® Classic cassettes. See, e.g., Ex. A at pp. 7, 9, 11 and 13; Exs. C-D.


claims of the ‘234 patent, including but not limited to claim 8. For example, Clearfield’s

product literature for its PON Cabinets and associated cassettes, examples of which are

attached as Exhibits A-D, instructs and encourages its customers and users of its PON


36

Cabinets to populate the cabinets with the associated cassettes having adapters, as well as

splitters, optical fibers, connectors, and parking block assemblies in a manner that results

in direct infringement of the ‘234 patent. There is no other substantial use for the cassette

positions in the PON Cabinets. As set out above, Clearfield has knowledge of the ‘234

patent and gives instructions and encouragement to its customers to assemble the PON

Cabinets and associated components with the specific intent, knowledge or willful

blindness to the fact that doing so would constitute direct infringement of the ‘234 patent.







287.





101. The allegations of paragraphs 1-100 are re-alleged as if fully set forth

herein.


37


7,816,602 (‘602 patent), which issued on October 19, 2010, a copy of which is attached

as Exhibit S.




infringe the ‘602 patent include, without limitation, the PON Cabinets having the Ground

Locate Box option. By its activities related to making, using, selling, offering for sale,

and/or importing in or into the United States its PON Cabinets having the Ground Locate

Box option Clearfield has infringed and continues to infringe at least claim 11 of the ‘602

patent.

104. Each of the PON Cabinets having the Ground Locate Box option has “a

cabinet defining a primary compartment, the cabinet also including one or more main

doors for accessing the primary compartment” as recited in claim 11 of the ‘602 patent.

The cabinet can be seen, for example, in Exhibit A at pp. 7, 9, 11 and 13 as the outer off-

white structure surrounding the components and cabling. The cabinet defines a primary

compartment and includes at least one door for accessing the primary compartment. See,

e.g., Ex. A at pp. 7, 9, 11 and 13.

105. Each of the PON Cabinets having the Ground Locate Box option has

“telecommunications equipment mounted within the primary compartment” as recited in

claim 11 of the ‘602 patent. See, e.g., Ex. A at pp. 7, 9, 11 and 13 identifying

“Distribution cassettes” and “Feeder cassettes” with numbers 2 and 3, respectively. The


PON Ca

Ex. B at

p. 3 (“12

p. 2 (“lo

1

secondar

accessin

at page 2

exempla

See, e.g.

1

groundin

groundin

plate, th

abinets use c

p. 2 (“Clea

2 ports in a

oaded with S

06. Each

ry compartm

ng the prima

21 identifie

ary Ground

., Ex. A at p

07. Each

ng interface

ng interface

e posts bein

cassettes, an

arview® Bl

cassette”);

SC/UPC ad

of the PON

ment that ca

ary compart

s the “Grou

Locate Box

pp. 58-59 (“

of the PON

e accessible

e comprises

ng electrica

nd each cas

lue” and “C

Ex. C. at p

dapters”).

N Cabinets h

an be acces

tment” as re

und Locate

x is shown

“Optional G

N Cabinets h

e from withi

s a bus plate

ally connect

38

ssette includ

Clearview C

. 2 (“loaded

having the G

ssed from an

ecited in cla

Box” as op

in Exhibit A

Ground Box

having the G

in the secon

e and a plur

ted to the bu

des 12 adap

Classic” cass

d with SC/U

Ground Loc

n exterior o

aim 11 of th

ptional on th

A and below

x – Located

Ground Loc

ndary comp

rality of pos

us plate,” as

pters. Id.; s

sette types s

UPC adapte

cate Box op

of the cabin

he ‘602 pat

he PON Cab

w.

d on top side

cate Box op

partment; w

sts protrudin

s recited in

ee also, e.g

supported)

ers”); Ex. D

ption has “a

net without

ent. Exhibi

binets. An

e of cabinet

ption has “a

wherein the

ng from the

claim 11 o

g.,

and

. at

a

it A

t”).

a

e bus

f the


‘602 pat

Locate B

Exhibit A

plate, an

1

having t

thus sati

e.g., Ex.

“Connec

cabinet.”

1

to the ex

service o

tent. An ex

Box is show

A and below

nd the posts

08. Upon

he Ground

isfying the l

A at p. 58

ct the comm

”).

09. Upon

xistence of t

of this Com

xemplary gr

wn in Exhib

w includes

are electric

n informatio

Locate Box

limitation “

(“Optional

mon ground

n informatio

the ‘602 pa

mplaint, Clea

ounding int

it A and be

a bus plate

cally conne

on and belie

x option, ele

“the bus plat

Ground Bo

ding stud to

on and belie

tent prior to

arfield has k

39

terface that

low. Id. T

and a plura

cted to the

ef, Clearfiel

ectrically co

te being ele

ox – Locate

the earth gr

ef, Clearfiel

o service of

knowledge

is accessib

The groundi

ality of post

bus plate. I

ld has, for e

onnected th

ectrically co

ed on top sid

round that y

ld knew abo

f this Comp

of the ‘602

ble from wit

ing interface

ts protrudin

Id.

each of the P

he bus plate

onnected to

de of cabin

you will be

out or was w

plaint. At le

2 patent.

thin the Gro

e shown in

ng from the

PON Cabin

e to ground,

o ground.” S

et” . . .

using for th

willfully bli

east as of

ound

bus

nets

,

See,

he

ind


40

110. Clearfield also indirectly infringes the ‘602 patent, including at least claim

11 under 35 U.S.C. § 271(b) and (c). Customers of the PON Cabinets having the Ground

Locate Box option electrically connect the bus plate to ground, thereby directly infringing

at least claim 11 of the ‘602 patent. Upon information and belief, Clearfield knows its

products are especially made or especially adapted for use in an infringement. Clearfield

knows its PON Cabinets are made to accommodate telecommunications equipment

mounted therein, such as cassettes with adapters and splitters having pigtails terminating

with connectors. See, e.g., Ex. A at p. 7 (“2. Distribution cassettes”, “3. Feeder

cassettes”, “5. Fiber splitter storage”, “6. Parking block”), p. 41 (“Install the splitter into

the top-most usable slot in the fiber storage bracket and lock into place using the splitter

retainer pin. . . . The input and output pigtails for the fiber splitter are stored and accessed

in the parking block located in the top corners of the cabinet.”); see also, e.g., Ex. B at p.

2 (“Clearview® Blue” and “Clearview Classic” cassette types supported). Clearfield also

knows the bus plate in the Ground Locate Box in its PON Cabinets is made to be

electrically connected to ground. See, e.g., Ex. A at pp. 58-59 (“Optional Ground Box –

Located on top side of cabinet” . . . “Connect the common grounding stud to the earth

ground that you will be using for the cabinet.”).



substantial use for the bus plate in the Ground Locate Box in the PON Cabinets and the

ground interface therein except to be electrically connected to ground. Further, for

example, there is no substantial use for the cassette positions in the PON Cabinets other


41

than to mount telecommunications equipment, including for example the Clearfield

Clearview® Blue and Clearview® Classic cassettes. See, e.g., Ex. A at pp. 7, 9, 11 and

13; Exs. C-D.


claims of the ‘602 patent, including at least claim 11. For example, Clearfield’s product

literature for its PON Cabinets and associated cassettes, examples of which are attached

as Exhibits A-D, instructs and encourages its customers and users of its PON Cabinets to

mount telecommunications equipment within the primary compartment by populating the

cabinets with the associated cassettes having adapters, as well as splitters. Further,

Clearfield’s product literature instructs and encourages its customers and users of the

PON Cabinets to electrically connect the bus plates located in the Ground Locate Box to

ground in a manner that results in direct infringement of the ‘602 patent. See, e.g., Ex. A

at pp. 58-59. There is no other substantial use for the bus plate in the Ground Locate Box

in the PON Cabinets and the ground interface therein. There is also no other substantial

use for the cassette positions in the PON Cabinets other than to mount

telecommunications equipment within the primary compartment. As set out above,

Clearfield has knowledge of the ‘602 patent and gives instructions and encouragement to

its customers to assemble the PON Cabinets having the Ground Locate Box option and

associated components with the specific intent, knowledge or willful blindness to the fact

that doing so would constitute direct infringement of the ‘602 patent.




42





287.






herein.


8,263,861 (‘861 patent), which issued on September 11, 2012, a copy of which is

attached as Exhibit T.




infringe the ‘861 patent include, without limitation, the PON Cabinets having the Ground

Locate Box option. By its activities related to making, using, selling, offering for sale,

and/or importing in or into the United States its PON Cabinets having the Ground Locate


43

Box option Clearfield has infringed and continues to infringe claim 11 and other claims

of the ‘861 patent.


cabinet defining a primary compartment, the cabinet also including one or more main

doors for accessing the primary compartment” as recited in claim 11 of the ‘861 patent.

The cabinet can be seen, for example, in Exhibit A at pp. 7, 9, 11 and 13 as the outer off-

white structure surrounding the components and cabling. The cabinet defines a primary

compartment and includes at least one door for accessing the primary compartment. See,

e.g., Ex. A at pp. 7, 9, 11 and 13.

120. Each of the PON Cabinets having the Ground Locate Box option has

“telecommunications equipment mounted within the primary compartment” as recited in

claim 11 of the ‘861 patent. See, e.g., Ex. A at pp. 7, 9, 11 and 13 identifying

“Distribution cassettes” and “Feeder cassettes” with numbers 2 and 3, respectively. The

PON Cabinets use cassettes, and each cassette includes 12 adapters. Id.; see also, e.g.,

Ex. B at p. 2 (“Clearview® Blue” and “Clearview Classic” cassette types supported) and

p. 3 (“12 ports in a cassette”); Ex. C. at p. 2 (“loaded with SC/UPC adapters”); Ex. D. at

p. 2 (“loaded with SC/UPC adapters”).


secondary compartment that can be accessed from an exterior of the cabinet without

accessing the primary compartment” as recited in claim 11 of the ‘861 patent. Exhibit A

at page 21 identifies the “Ground Locate Box” as optional on the PON Cabinets. An

exemplary Ground Locate Box is shown in Exhibit A and below.


See, e.g.

1

cable gro

cables ro

groundin

secondar

without

exempla

shown in

., Ex. A at p

22. Each

ounding int

outed inside

ng interface

ry compartm

entering the

ary groundin

n Exhibit A

pp. 58-59 (“

of the PON

terface acce

e the primar

e, and wher

ment the ca

e primary c

ng interface

A and below

“Optional G

N Cabinets h

essible from

ry compartm

ein by acce

ables shield

compartmen

e that is acc

w. Id.

44

Ground Box

having the G

m within the

ment have s

essing the ca

s can be ele

nt,” as recite

cessible from

x – Located

Ground Loc

e secondary

shields elec

able ground

ectrically di

ed in claim

m within th

d on top side

cate Box op

y compartm

ctrically con

ding interfa

isconnected

m 11 of the ‘

he Ground L

e of cabinet

ption has “a

ent, wherei

nnected to t

ace at the

d from grou

861 patent.

Locate Box

t”).

a

in

the

und

An

is


Exhibit A

having s

Locate B

Box the

primary

show a c

locate w

A at page 5

shields to be

Box, and tha

cables shie

compartme

cable havin

wire.

58-59 furthe

e electricall

at by access

elds can be e

ent. For exa

g a shield to

er shows ca

ly connecte

sing the cab

electrically

ample, the p

o be electri

45

bles routed

d to the gro

ble groundin

disconnect

photograph

cally conne

d inside the

ounding inte

ng interface

ted from gro

hs below fro

ected to the

primary com

erface of th

e at the Gro

ound witho

om page 58

grounding

mpartment

he Ground

ound Locate

out entering

of Exhibit

interface v

e

the

A

via a


46

Upon information and belief, Clearfield has, for each of the PON Cabinets with the

Ground Locate Box option, electrically connected shields of cables routed inside each of

the PON Cabinets to the grounding interface. See, e.g., Ex. A at p. 58 (“Locate wire can

be added to an armored cable using a grounding kit. . . . Add grounding / locate wire here

. . . The locate wires attached to the individual cables can then be attached to the studs by

removing and replacing the plastic thumb nuts.”).



service of this Complaint, Clearfield had knowledge of the ‘861 patent.


and without limitation, claim 11 under 35 U.S.C. § 271(b) and (c). Customers of the

PON Cabinets having the Ground Locate Box option electrically connect cable shields to

the grounding interface thereby directly infringing at least some claims, including without

limitation claim 11, of the ‘861 patent. Upon information and belief, Clearfield knows its

products are especially made or especially adapted for use in an infringement. Clearfield

knows its PON Cabinets are made to accommodate telecommunications equipment

mounted therein, such as cassettes with adapters and splitters having pigtails terminating

with connectors. See, e.g., Ex. A at p. 7 (“2. Distribution cassettes”, “3. Feeder

cassettes”, “5. Fiber splitter storage”, “6. Parking block”), p. 41 (“Install the splitter into

the top-most usable slot in the fiber storage bracket and lock into place using the splitter

retainer pin. . . . The input and output pigtails for the fiber splitter are stored and accessed

in the parking block located in the top corners of the cabinet.”); see also, e.g., Ex. B at p.


47

2 (“Clearview® Blue” and “Clearview Classic” cassette types supported). Clearfield also

knows the grounding interface in its PON Cabinets having the Ground Locate Box option

is made to be electrically connected to shields of cables routed inside each of the PON

Cabinets. See, e.g., Ex. A at p. 58 (“Locate wire can be added to an armored cable using

a grounding kit. . . . Add grounding / locate wire here . . . The locate wires attached to the

individual cables can then be attached to the studs by removing and replacing the plastic

thumb nuts.”).



substantial use for the grounding interface in the Ground Locate Box in the PON

Cabinets except to be electrically connected to shields of cables in the PON Cabinets.

Further, for example, there is no substantial use for the cassette positions in the PON

Cabinets other than to mount telecommunications equipment, including for example the

Clearfield Clearview® Blue and Clearview® Classic cassettes. See, e.g., Ex. A at pp. 7,

9, 11 and 13; Exs. C-D.


claims of the ‘861 patent, including but not limited to claim 11. For example,

Clearfield’s product literature for its PON Cabinets and associated cassettes, examples of

which are attached as Exhibits A-D, instructs and encourages its customers and users of

its PON Cabinets to mount telecommunications equipment within the primary

compartment by populating the cabinets with the associated cassettes having adapters, as

well as splitters. Further, Clearfield’s product literature instructs and encourages its


48

customers and users of the PON Cabinets having the Ground Locate Box option to

electrically connect the grounding interface in the Ground Locate Box to the shield of

cables in the PON Cabinets in a manner that results in direct infringement of the ‘861

patent. See, e.g., Ex. A at pp. 58-59. There is no other substantial use for the grounding

interface in the Ground Locate Box in the PON Cabinets except to be electrically

connected to cable shields in the PON Cabinets. There is also no other substantial use for

the cassette positions in the PON Cabinets other than to mount telecommunications

equipment within the primary compartment. As set out above, Clearfield has knowledge

of the ‘861 patent and gives instructions and encouragement to its customers to assemble

the PON Cabinets having the Ground Locate Box option and associated components with

the specific intent, knowledge or willful blindness to the fact that doing so would

constitute direct infringement of the ‘861 patent.







287.





1

herein.

1

9,122,02

as Exhib

1

telecomm

equivale

‘021 pat

activitie

the Unit

continue

1

sealingly

patent. T

Claim

30. The a

31. Comm

21 (‘021 pat

bit U.

32. Clear

munication

ents, the ‘02

tent include

s related to

ed States th

es to infring

33. The F

y engage th

The claime

m for Paten

allegations o

mScope Tec

tent), which

rfield has m

connectors

21 patent.

e, without li

making, us

he FieldShie

ge claim 1 a

FieldShield®

he cable whe

d cable sea

Cnt Infringem

of paragrap

chnologies

h issued on

manufactured

s that infrin

Clearfield’s

mitation, th

sing, selling

eld® Harde

and other cl

® Hardened

en compres

l can be see

49

Count 9 ment of U.S

hs 1-129 ar

LLC is the

September

d, used, sol

ge, literally

s telecomm

he FieldShie

g, offering f

ened Conne

aims of the

d Connecto

ssed radially

en, for exam

Sea

S. Patent N

re re-alleged

owner of U

r 1, 2015, a

ld, offered f

y and under

munication c

eld® Harde

for sale, and

ector Clearf

e ‘021 paten

or has “a cab

y” as recited

mple, in the

al

No. 9,122,02

d as if fully

United State

copy of wh

for sale, and

r the doctrin

connectors t

ened Conne

d/or import

field has inf

nt.

ble seal ada

d in claim 1

picture bel

21

y set forth

es Patent N

hich is attac

d/or importe

ne of

that infring

ector. By it

ing in or in

fringed and

apted to

1 of the ‘02

low:

No.

ched

ed

e the

ts

nto

21


1

a length

volume

enable th

the rearw

be comp

the cable

the cable

radially”

section c

See also

weather

and-twis

1

forwardl

majority

34. The F

between a

adapted to r

he cable to

ward end, th

pressed radi

e seal radia

e even when

” as recited

can be seen

o, e.g., Ex. F

tight seal a

st locking m

35. The F

ly over the

y of the leng

FieldShield®

forward en

receive the

extend ther

he clamping

ially, the ca

lly spacing

n the rearw

in claim 1

n, for examp

F at 1 (“The

and lock the

mechanism.”

FieldShield®

inner body

gth of the in

® Hardened

nd and a rear

fiber optic

rethrough, t

g section ha

able seal bei

an entire le

wardly exten

of the ‘021

ple, in the p

e inner hous

e connection

”).

® Hardened

to a secure

nner body w

Inner bo

Clamp

50

d Connecto

rward end,

connector,

the inner bo

aving rearw

ing disposed

ength of eac

nding tongu

patent. Th

icture below

sing and tw

n into the S

d Connecto

ed position,

when in the

ody

ping section

or has “an in

the forward

the rearwa

ody includin

wardly exten

d within the

ch rearward

ues and the c

he claimed i

w:

wo-grommet

SmarTermin

or has “an ou

the outer b

secured po

nner body e

d end defin

ard end bein

ng a clampi

nding tongu

e clamping

dly extendin

cable seal a

inner body

t system pro

nal with a b

uter body a

body extend

osition, the o

extending al

ing a conne

ng open to

ing section

ues adapted

section, an

ng tongue fr

are compres

and clampi

ovide the

ayonet push

adapted to s

ding over a

outer body

long

ector

at

to

nd

from

ssed

ing

h-

slide


includin

outer bo

inwardly

compres

the secu

be seen,

See also

weather

and-twis

providin

1

‘021 pat

ng at least on

ody in the se

y as the wal

ss the clamp

red position

for exampl

o, e.g., Ex. F

tight seal a

st locking m

ng the pull s

36. At lea

tent.

ne bayonet-

ecured posit

ll extends re

ping section

n” as recited

le, in the pi

F at 1 (“The

and lock the

mechanism.

strength req

ast as of ser

-type lockin

tion, the ou

earwardly,

n around the

d in claim 1

ctures below

e inner hous

e connection

The outer

quired for an

rvice of this

51

ng element

uter body be

the wall be

e cable seal

1 of the ‘02

w:

sing and tw

n into the S

collar seals

ny outside p

s Complaint

that is adap

eing provide

ing configu

l when the o

1 patent. T

wo-grommet

SmarTermin

s and locks

plant enviro

t, Clearfield

O

Outer body

pted to axia

ed with a w

ured to radia

outer body

The claimed

t system pro

nal with a b

the FieldSh

onment.”).

d has know

Outer body

ally secure t

wall tapering

ally inward

is disposed

d outer body

ovide the

ayonet push

hield cable

wledge of the

the

g

dly

d in

y can

h-

e


52


287.






herein.


8,705,929 (‘929 patent), which issued on April 22, 2014, a copy of which is attached as

Exhibit V.


telecommunication boxes and components that infringe, literally and under the doctrine

of equivalents, the ‘929 patent. Clearfield’s telecommunication boxes and components

that infringe the ‘929 patent include, without limitation, the FieldShield® Deploy Reel

and Box. By its activities related to making, using, selling, offering for sale, and/or

importing in or into the United States the FieldShield® Deploy Reel and Box Clearfield

has infringed and continues to infringe claim 1 and other claims of the ‘929 patent.

142. The FieldShield Deploy Reel and Box has “a housing having an interior” as

recited in claim 1 of the ‘929 patent. The claimed housing can be seen, for example, in

Exhibit G and in the picture below:


1

position

about an

paid out

claimed

below:

43. The F

ed within th

n axis relativ

from the in

cable stora

FieldShield®

he interior o

ve to the ho

nterior of th

age spool ca

® Deploy R

of the housi

ousing to al

he housing”

an be seen,

53

Reel and Bo

ing, wherein

low the firs

” as recited i

for example

ox has “a ca

n the cable

st portion of

in claim 1 o

e, in Exhibi

able storage

storage spo

f the fiber o

of the ‘929

it G and in

e spool

ool rotates

optic cable t

patent. Th

the picture

Housing

Cable

storage

spool

to be

he


The cabl

storage s

fiber opt

(“the 4.5

and the d

1

around t

as recite

example

1

on the ca

cable, th

storage s

be paid o

Fiber

cable

Firs

fibe

cab

le storage s

spool rotate

tic cable to

5” FieldShie

desired leng

44. The F

the cable sto

ed in claim

e, in Exhibit

45. The F

able storage

he fiber opti

spool is rota

out from th

optic

e

t end of

er optic

le

pool is posi

es about an

be paid out

eld StrongF

gth is simpl

FieldShield®

orage spool

1 of the ‘92

t G and in t

FieldShield®

e spool, the

ic adapter b

ated about t

e interior o

itioned with

axis relativ

t from the in

Fiber Deplo

ly pulled fro

® Deploy R

l, the fiber o

29 patent. T

the picture b

® Deploy R

e fiber optic

being carried

the axis to a

f the housin

54

hin the inter

ve to the hou

nterior of th

oy Reel . . .

om the whe

Reel and Bo

optic cable

The claimed

below:

Reel and Bo

adapter rec

d with the c

allow the se

ng, the fiber

rior of the h

using to allo

he housing.

can be mou

eel to the ac

ox has “a fib

having a fir

d fiber optic

ox has “a fib

ceiving the

cable storag

econd end o

r optic adap

housing, an

ow the first

. See also,

unted at the

ccess point.

ber optic ca

rst end and

c cable can

ber optic ad

first end of

ge spool as

of the fiber

pter being c

nd the cable

t portion of

e.g., Ex. G

destination

”).

able wound

a second en

be seen, fo

dapter moun

f the fiber o

the cable

optic cable

configured t

Second en

of fiber op

cable

f the

at 1

n site

d

nd”

r

nted

optic

e to

to

nd

ptic


couple th

fiber wh

‘929 pat

example

The fibe

adapter i

the axis

the hous

. can be

wheel to

of the fib

adapter i

he first end

hile the adap

tent. The fi

e, in Exhibit

er optic adap

is carried w

to allow the

sing. See al

mounted at

o the access

ber optic ca

is mounted

Fiber optic

adapter

d of the fiber

pter is moun

iber optic ad

t G and in t

pter receive

with the cabl

e second en

lso, e.g., Ex

t the destina

point.”). T

able to a con

on the cabl

r optic cabl

nted on the

dapter moun

the picture b

es the first e

le storage s

nd of the fib

x. G at 1 (“t

ation site an

The fiber op

nnectorized

le storage sp

55

le to a conn

cable stora

nted on the

below:

end of the fi

spool as the

ber optic cab

the 4.5” Fie

nd the desir

ptic adapter

d end of a su

pool. See a

nectorized e

age spool” a

e cable stora

fiber optic c

cable stora

able to be pa

eldShield St

red length is

r is configur

ubscriber op

also, e.g., id

end of a sub

as recited in

age spool ca

cable, and th

age spool is

aid out from

trongFiber D

s simply pu

red to coup

ptical fiber

d. (“The ter

bscriber opti

n claim 1 of

an be seen,

he fiber opt

s rotated abo

m the interio

Deploy Ree

ulled from th

le the first e

while the

rminated en

ical

f the

for

tic

out

or of

el . .

he

end

nd on


56

the wheel is pre-tested, cleaned and mated in a Clearfield® factory environment, leaving

the technician to simply mate the patch cord to the adapter on the wheel.”).



service of this Complaint, Clearfield has knowledge of the ‘929 patent.


and without limitation, claim 1 under 35 U.S.C. § 271(b) and (c). Customers having the

FieldShield® StrongFiber Deploy Reel installed inside the FieldShield® StrongFiber

Deploy Reel Wall Box directly infringe at least some claims, including without limitation

claim 1, of the ‘929 patent. Upon information and belief, Clearfield knows its products

are especially made or especially adapted for use in an infringement. Clearfield knows

its FieldShield® StrongFiber Deploy Reel Wall Box is made to accommodate the

FieldShield® StrongFiber Deploy Reel. See, e.g., Ex. G at p. 2 (“The FieldSmart® FDP-

xWB1 Wall Box provides a NEMA 4 rated enclosure to distribute SmartRoute Deploy

Reel drops cables to the indoor NID . . .”); see, e.g., id. (image showing deploy reel

installed in the wall box).


commerce suitable for substantial noninfringing uses. Upon information and belief, there

is no substantial use for the reel mounting structure inside the FieldShield® StrongFiber

Deploy Reel Wall Box other than to mount a cable storage spool thereon, as recited in

claim 1, including for example the FieldShield® StrongFiber Deploy Reel. See, e.g., Ex.

G at p. 2.


1

claims o

supplies

which is

its Field

Wall Bo

direct in

Clearfiel

StrongF

Ex. G at

FieldShi

knowled

to assem

49. Clear

of the ‘929 p

product lit

s attached a

Shield® St

ox to install

nfringement

ld’s literatu

iber Deploy

t p. 2. Ther

ield® Stron

dge of the ‘9

mble the Fie

rfield has ac

patent, inclu

terature for

s Exhibit G

rongFiber D

and use the

t of the ‘929

ure instructi

y Reel insid

re is no othe

ngFiber Dep

929 patent a

ldShield®

ctively indu

uding but n

its FieldShi

G, that instru

Deploy Ree

e deploy ree

9 patent. Fo

ing and enc

de the Field

er substantia

ploy Reel W

and gives in

StrongFibe

57

uced others,

not limited t

ield® Depl

ucts and enc

el and Field

el inside the

or example,

ouraging a

dShield® St

al use for th

Wall Box. A

nstructions

r Deploy R

including i

to claim 1.

loy Reel and

courages its

dShield® St

e wall box i

, shown bel

user to inst

trongFiber D

he reel mou

As set out ab

and encour

Reel and Fie

its custome

For examp

d Box, an e

s customers

trongFiber D

in a manner

low is a pic

tall the Fiel

Deploy Ree

unting struc

above, Clear

ragement to

eldShield®

ers, to infrin

ple, Clearfie

example of

s and users

Deploy Ree

r that result

cture from

dShield®

el Wall Box

ture in the

rfield has

o its custom

StrongFibe

nge

eld

of

el

ts in

x.

mers

er


58

Deploy Reel Wall Box with the specific intent, knowledge or willful blindness to the fact

that doing so would constitute direct infringement of the ‘929 patent.







287.






herein.


8,938,147 (‘147 patent), which issued on January 20, 2015, a copy of which is attached as

Exhibit W.


telecommunication panels that infringe, literally and under the doctrine of equivalents,

the ‘147 patent. Clearfield’s telecommunication panels that infringe the ‘147 patent


include,

using, se

SmartRo

claims o

1

telecomm

dimensio

perpend

fastening

from one

includin

claim 1

Exhibit H

Flanges

without lim

elling, offer

oute Panel C

of the ‘147 p

56. The S

munication

on, a height

icular relati

g the housin

e another by

ng front and

of the ‘147

H and in th

mitation, the

ring for sale

Clearfield h

patent.

SmartRoute

s rack, the h

t and a dept

ive to the he

ng body to

y the cross-

d back ends

patent. Th

e picture be

e SmartRou

e, and/or im

has infringe

e Panel has “

housing inc

th, the cross

eight and th

the telecom

-dimension

separated b

he claimed h

elow:

59

ute Panel. B

mporting in o

d and conti

“a housing

cluding a ho

s-dimension

he depth, th

mmunication

of the hous

by the depth

housing and

By its activi

or into the U

inues to infr

adapted for

ousing body

n being mea

he housing a

ns rack, the

sing body, t

h of the hou

d flanges ca

ities related

United Stat

fringe claim

r connectio

y defining a

asured in a

also includi

e flanges be

the housing

using body”

an be seen,

Housing

d to making

tes the

m 1 and othe

n to a

a cross-

direction

ing flanges

ing separat

g body

” as recited

for exampl

g,

er

for

ed

in

e, in


1

being sli

optic ada

SmartRo

movable

ultimate

seen in E

1

being ro

and seco

includin

second f

the first

57. The S

idably mov

apter” as re

oute Panel h

e relative to

access”). T

Exhibit H a

58. The S

otatable rela

ond flanges

ng a core ali

flanges of th

spool rotate

SmartRoute

able relativ

ecited in cla

has a tray th

o the housin

The front o

nd in the pi

SmartRoute

ative to the t

that are spa

gned along

he first spoo

es about the

e Panel has “

ve to the hou

aim 1 of the

hat is moun

ng body. Se

f the tray ca

icture below

e Panel has “

tray about a

aced apart a

g the axis of

ol; and a fib

e axis of rot

60

“a tray that

using body,

‘147 paten

nted to the h

ee e.g., Ex.

arrying at le

w:

“a first spoo

an axis of ro

along the ax

f rotation an

ber optic ca

tation relati

Fi

t mounts to

, the tray ca

nt. Upon in

housing bod

H, p. 2 (“D

east one fib

ol mounted

otation, the

xis of rotati

nd positione

able spooled

ive to the tr

ber optic ada

the housing

arrying at le

nformation a

dy and the tr

Drawer slide

ber optic ad

d to the tray

first spool

ion, the first

ed between

d about the

ray when th

Front of t

apter

g body, the

east one fibe

and belief, t

ray is slidab

es 8.1” for

dapter can b

y, the first sp

including f

t spool also

the first an

core, where

he fiber opti

ray

tray

er

the

bly

e

pool

first

o

nd

ein

ic


61

cable is paid out from the first spool” as recited in claim 1 of the ‘147 patent. The

SmartRoute Panel has a first spool and cable as recited in claim 1. See , e.g., Ex. H at p.

1 (“The dual internal SmartRoute spools give installers an opportunity to use both indoor

riser micro cable and Fieldshield® fiber in one panel. . . . The spools are independent

from each other and can be deployed in opposite directions. . . . SmartRoute spool

technology allows an installer to payout the exact amount of cable required from the

panel, leaving the remaining slack safely stored within the panel.”); see also, e.g., id. at 2

(ordering information for “Configured Part Numbers”).

159. At least as of service of this Complaint, Clearfield has knowledge of the

‘147 patent.


287.




Count 12 Claim for Patent Infringement of U.S. Patent No. RE 42,258


herein.


RE 42,258 (‘258 patent), which issued on March 29, 2011, a copy of which is attached as

Exhibit X.


1

telecomm

the ‘258

include,

the least

configur

infringes

sale, and

Optical C

claims o

1

defining

below, th

64. Clear

munication

patent. Cl

without lim

t the FieldSh

ration (refer

s the ‘258 p

d/or importi

Component

of the ‘258 p

65. The F

g an interior

he housing

rfield has m

terminals t

learfield’s te

mitation, the

hield® Sma

rred to here

patent. By i

ing in or int

ts Clearfield

patent.

FieldShield®

r” as recited

includes a

manufactured

that infringe

elecommun

e FieldShie

arTerminal

ein as FieldS

its activities

to the Unite

d has infrin

® SmarTer

d in claim 3

base and a

Base

62

d, used, sol

e, literally a

nication term

ld® MultiP

having the

Shield Sma

s related to

ed States the

nged and co

minal Optic

0 of the ‘25

cover that d

ld, offered f

and under th

minals that

Port SmarTe

Optical Co

arTerminal O

making, us

e FieldShie

ontinues to i

cal Compon

58 patent. A

define an in

for sale, and

he doctrine

infringe the

erminal. Sp

omponents-

Optical Com

sing, selling

eld® SmarT

infringe cla

nents has “a

As shown in

nterior:

d/or importe

of equivale

e ‘258 paten

pecifically,

-Splitter

mponents)

g, offering f

Terminal

aim 30 and o

a housing

n Exhibit I

Cover

ed

ents,

nt

at

for

other

and


1

cable sec

away fro

outside p

The outs

The outs

port on t

extends

1

adapters

end, the

interior o

configur

ends of t

66. The F

cured to the

om the inter

plant cable

side plant c

side plant c

the base of

in a directio

67. The F

s mounted to

first ends o

of the hous

red to receiv

the adapters

FieldShield®

e housing at

rior of the h

including a

able can be

able is secu

the housing

on substant

FieldShield®

o the housin

of the adapt

ing, and the

ve second f

s at least pa

® SmarTer

t a securem

housing at th

an optical fi

e seen in Ex

ured to the h

g) and inclu

tially perpen

® SmarTer

ng, the adap

ters receivin

e second en

fiber optic c

artially facin

63

minal Optic

ment location

he securem

iber” as reci

xhibit I and

housing at a

udes an opti

ndicular to

minal Optic

pters each i

ng first fibe

nds of the ad

connectors f

ng toward t

cal Compon

n, the outsid

ment location

ited in claim

in the pictu

a securemen

ical fiber. T

the base of

cal Compon

including a

r optic conn

dapters form

from outsid

the first dire

nents has “a

de plant cab

n in a first d

m 30 of the

ure below:

nt location

The outside

f the housin

nents has “a

first end an

nectors from

ming conne

de the housi

ection in wh

Outsidextendfirst di

an outside p

ble extendin

direction, th

‘258 paten

(the central

e plant cable

ng.

a plurality o

nd a second

m inside the

ection locati

ing, the seco

hich the out

de plant cable ding away in airection

plant

ng

he

nt.

l

e

of

d

e

ions

ond

tside

a


plant cab

The adap

The adap

receive f

ends of t

the hous

partially

securem

1

fibers op

interior o

first end

interior o

ble extends

pters can be

pters each i

first fiber op

the adapters

sing. As see

y facing tow

ment location

68. The F

ptically cou

optical fibe

ds of the ada

optical fibe

at the secu

e seen in Ex

include a fir

ptic connec

s are config

en in the pi

ward the dire

n.

FieldShield®

upled to the

ers being lin

apters” as re

ers can be se

urement loca

xhibit I and

rst end and

ctors from in

gured to rec

cture above

ection in wh

® SmarTer

optical fibe

nked to the f

ecited in cla

een in Exhi

64

ation” as re

d in the pictu

a second en

nside the in

ceive second

e, the secon

hich the out

minal Optic

er of the ou

first fiber o

aim 30 of th

bit I and in

ecited in cla

ure below:

nd. The fir

nterior of th

d fiber optic

nd ends of th

tside plant

cal Compon

utside plant

optic connec

he ‘258 pate

the picture

aim 30 of th

rst ends of t

he housing,

c connector

he adapters

cable exten

nents has “i

cable by a s

ctors receiv

ent. The sp

e below:

Adatowdireouts

he ‘258 pate

the adapters

and the sec

rs from outs

s are at least

nds at the

interior opt

splitter, the

ved within th

plitter and

apters facing ward the ection of the side plant cab

ent.

s

cond

side

t

ical

e

he

ble


The inte

cable by

connecto

1

to the ex

service o

1

and with

connect

Compon

includin

Clearfiel

infringem

Spl

erior optical

y the splitter

ors received

69. Upon

xistence of t

of this Com

70. Clear

hout limitati

and secure

nents housin

ng without li

ld knows it

ment. Clea

litter

l fibers are o

r. The inter

d within the

n informatio

the ‘258 pa

mplaint, Clea

rfield also in

ion, claim 3

an outside

ng at a secu

imitation cl

s products a

arfield know

optically co

rior optical

e first ends

on and belie

tent prior to

arfield has k

ndirectly in

30 under 35

plant cable

urement loca

laim 30, of

are especial

ws its FieldS

65

oupled to th

fibers are l

of the adap

ef, Clearfiel

o service of

knowledge

nfringes the

5 U.S.C. § 2

e to the Fiel

ation direct

the ‘258 pa

lly made or

Shield® Sm

he optical fib

inked to the

pters.

ld knew abo

f this Comp

of the ‘258

‘258 paten

271(b) and (

dShield® S

tly infringe

atent. Upon

r especially

marTermina

ber of the o

e first fiber

out or was w

plaint. At le

8 patent.

nt, including

(c). Custom

SmarTermin

at least som

n informatio

adapted fo

al Optical C

Interiorfibers

outside plan

optic

willfully bli

east as of

g, for examp

mers that

nal Optical

me claims,

on and belie

r use in an

Components

r optical

nt

ind

ple,

ef,

s


66

terminals are made for an outside plant cable to be secured at the central feeder port.

See, e.g., Ex. I at p. 1 (“Simply splice the incoming fiber to the input leg of the splitter to

provide service for up to eight customers”), (image showing cable secured to feeder port),

(“Pre-terminated factory polished feeder and drop cables improve network operability . . .

.”).



is no substantial use for the FieldShield® SmarTerminal Optical Components other than

for an outside plant cable to be connected to the central feeder port . See, e.g., Ex. I at p.

1.



supplies product literature for its FieldShield® SmarTerminal Optical Components, an

example of which is attached as Exhibit I, that instructs and encourages its customers and

users of the FieldShield® SmarTerminal Optical Components to secure an outside plant

cable to the central feeder port in a manner that results in direct infringement of the ‘258

patent. See, e.g., Ex. I. For example, shown below is a picture from Clearfield’s

literature instructing and encouraging a user to secure an outside plant cable to the central

feeder port.


Ex. I at p

Optical C

gives ins

SmarTer

knowled

infringem

1

is no sub

apparent

and/or w

history a

1

287.

p. 1. There

Component

structions a

rminal Opti

dge or willfu

ment of the

73. Clear

bstantial de

t. Upon inf

was willfully

and knowle

74. Comm

e is no other

ts. As set o

and encoura

ical Compo

ful blindnes

e ‘258 paten

rfield’s infri

fense in thi

formation a

y blind to it

dge of Clea

mScope has

r substantia

out above, C

agement to i

onents with

s to the fact

nt.

ingement o

s case and t

and belief, C

ts existence

arfield’s em

s satisfied th

67

l use for the

Clearfield h

its custome

an outside

t that doing

f the ‘258 p

the likeliho

Clearfield h

e, particular

mployees.

he notice or

e FieldShie

has knowled

ers to assem

plant cable

g so would c

patent has b

ood of infrin

has known a

rly given the

r marking p

eld® SmarT

dge of the ‘2

mble the Fiel

with the sp

constitute d

been and is w

ngement is r

about the ‘2

e prior emp

provisions o

Terminal

258 patent a

ldShield®

pecific inten

direct

willful. Th

readily

258 patent

ployment

of 35 U.S.C

and

nt,

here

C. §


68






herein.


7,397,997 (‘997 patent), which issued on July 8, 2008, a copy of which is attached as

Exhibit Y.


telecommunication terminals that infringe, literally and under the doctrine of equivalents,

the ‘997 patent. Clearfield’s telecommunication terminals that infringe the ‘997 patent

include, without limitation, the FieldShield® Multiport SmarTerminal. Specifically, at

the least the FieldShield® SmarTerminal having the Patch Only and the Patch and Splice

configurations infringe the ‘997 patent. By its activities related to making, using, selling,

offering for sale, and/or importing in or into the United States the FieldShield®

SmarTerminal Patch and Splice and the FieldShield® SmarTerminal Patch Only

Clearfield has infringed and continues to infringe claim 1 and other claims of the ‘997

patent.

179. The FieldShield® SmarTerminal Patch and Splice and the FieldShield®

SmarTerminal Patch Only have “a fiber optic cable; an enclosure defining an interior


volume,

the enclo

volume

enclosur

Exhibit J

define an

See also

opposite

fiber opt

J-K and

first dire

Ba

the enclosu

osure defini

of the enclo

re in a first

J and below

n interior v

o, e.g., Ex. K

e second end

tic cable en

below, the

ection subst

ase

ure includin

ing an open

osure, the fi

direction” a

w, the enclo

olume:

K at p. 1-2.

d, and the f

nters the inte

fiber optic

tantially per

ng a first en

ning through

iber optic c

as recited in

osure on the

As shown

first end of t

erior volum

cable exten

rpendicular

69

nd and an op

h which the

able extend

n claim 1 of

ese products

below, the

the enclosu

me of the enc

nds away fr

r to the base

pposite seco

e fiber optic

ding away f

f the ‘997 p

s includes a

enclosure i

ure has an o

closure. Fu

rom the first

e of the hou

ond end, th

c cable ente

from the firs

patent. As s

a base and a

includes a f

pening thro

urther as sh

t end of the

using.

C

e first end o

ers the inter

st end of th

shown in

a cover that

first end and

ough which

own in Exh

e enclosure

over

of

rior

e

d an

h a

hibits

in a


Ex. L at

terminat

configur

1

SmarTer

fibers, th

enclosur

within th

fiber opt

in Exhib

interior v

are locat

p. 6 (“The

ted Field Sh

ration that c

80. The F

rminal Patc

he optical fi

re, the optic

he interior v

tic cable inc

bit J and bel

volume of t

ted within t

SeEn

FieldShield

hield Optica

can be push

FieldShield®

ch Only hav

ibers separa

cal fibers ter

volume of t

cludes a plu

low, the opt

the enclosu

the interior

econd nd

d Multiport

al Cable, fro

hed or pulled

® SmarTer

ve “the fiber

ated from o

rminated by

the enclosur

urality of op

tical fibers

re and are t

volume of t

70

t SmarTerm

om two to e

d . . . .”).

minal Patch

r optic cabl

ne another

y interior fi

re” as recite

ptical fibers

are separate

terminated b

the enclosu

minal is conf

eight fibers,

h and Splic

e including

within the i

iber optic co

ed in claim

s, as shown

ed from one

by interior

ure.

figured with

, for the fee

e and the F

g a plurality

interior vol

onnectors th

1 of the ‘99

below. Fu

e another w

fiber optic

First End

Fiberencloawaya firs

h a factory

eder

ieldShield®

y of optical

lume of the

hat are loca

97 patent. T

urther, as sh

within the

connectors

r optic cable eosure and extey from first ent direction

®

ated

The

hown

that

enters ends nd in


See also

1

SmarTer

region a

of the fir

three fib

the fiber

the enclo

connecto

adapters

connecto

adapters

As show

enclosur

o, e.g., Ex. K

81. The F

rminal Patc

t which the

rst group of

ber optic ada

r optic adap

osure and a

ors of the op

s, the second

orized ends

s facing gen

wn below, th

re defines a

K at pp. 1-2

FieldShield®

ch Only hav

e enclosure d

f openings b

apters moun

pters includi

a second end

ptical fibers

d ends of th

of exterior

nerally in th

he enclosur

first group

2; Ex. L at p

® SmarTer

ve “the encl

defines a fi

being positi

nted at the o

ing a first e

d accessible

s being rece

he fiber opti

r drop cable

he first direc

e has a first

p of at least

Interior ficonnector

71

pp. 6, 10-16

minal Patch

osure defin

rst group of

ioned gener

openings of

nd accessib

e from outsi

eived within

ic adapters

es, and the s

ction” as rec

t drop cable

three openi

iber optic rs

6.

h and Splic

ning a first d

f at least thr

rally along

f the first gr

ble from wit

ide the encl

n the first e

being adap

second ends

cited in clai

e connection

ings positio

Plurali

e and the F

drop cable c

ree opening

a first curv

roup of ope

thin the inte

losure, the i

ends of the f

pted to recei

s of the fibe

im 1 of the

n region at

oned genera

ity of optical

ieldShield®

connection

gs, the open

e; and at lea

enings, each

erior volum

interior

fiber optic

ive

er optic

‘997 paten

which the

ally along a

fibers

®

nings

ast

h of

me of

nt.

first


curve. A

mounted

As show

a first en

accessib

below, th

fiber opt

As shown in

d at the open

wn in Exhib

nd accessibl

ble from out

he interior c

tic adapters

n Exhibits J

nings:

it J and in t

le from with

tside the en

connectors

s.

J-K and belo

the pictures

hin the inte

closure. Fu

of the optic

First end of ainterior conn

72

ow, the thre

below, eac

erior volume

urther as sh

cal fibers ar

adapters whernectors receive

ee openings

ch of the fib

e of the enc

own in Exh

re received

Tgcu

re ed

s have fiber

ber optic ad

closure and

hibit J and i

within the

First groopeningadapterstherein

Three openinggenerally alonurve

r optic adap

apters inclu

a second en

in the pictur

first ends o

oup of three gs having s mounted

gs positioned ng a first

pters

udes

nd

res

of the


See also

the fiber

and the s

that ente

1

to the ex

service o

1

and with

a fiber o

directly

patent. U

or espec

SmarTer

cable wi

o, e.g., Ex. K

r optic adap

second end

ers the centr

82. Upon

xistence of t

of this Com

83. Clear

hout limitati

optic cable t

infringe at

Upon inform

cially adapte

rminal Patc

ith fibers th

K at pp. 1-2

pters are ada

s of the fibe

ral input po

n informatio

the ‘997 pa

mplaint, Clea

rfield also in

ion, claim 1

to the FieldS

least some

mation and

ed for use in

ch and Splic

hat enter thro

2; Ex. L at p

apted to rec

er optic ada

ort.

on and belie

tent prior to

arfield has k

ndirectly in

1 under 35 U

Shield® Sm

claims, inc

d belief, Cle

n an infring

ce central fe

ough the po

73

pp. 6, 10-16

ceive connec

apters face g

ef, Clearfiel

o service of

knowledge

nfringes the

U.S.C. § 27

marTermina

luding with

arfield know

gement. Cle

eeder port is

ort into the

6. As seen a

ctorized en

generally in

ld knew abo

f this Comp

of the ‘997

‘997 paten

71(b) and (c

al Patch and

hout limitati

ws its prod

earfield kno

s made to a

interior vol

Sfd

above, the s

nds of exteri

n the directi

out or was w

plaint. At le

7 patent.

nt, including

c). Custom

d Splice at t

ion claim 1

ducts are esp

ows its Fiel

accommoda

lume of the

Second end offacing generaldirection

second ends

ior drop cab

ion of the c

willfully bli

east as of

g, for examp

mers that con

the feeder p

, of the ‘99

pecially ma

ldShield®

ate a fiber o

housing. E

f adapters lly in the first

s of

bles,

able

ind

ple,

nnect

port

97

ade

ptic

Ex.

t


74

L at p. 14 (“Route the FieldShield fiber into the center feeder port of the SmarTerminal,

then push the Hardened Connector Inner Housing into the feeder port and secure . . . ”).



is no substantial use for the FieldShield® SmarTerminal Patch and Splice other than to be

connected to a fiber optic cable that enters the housing interior at the central feeder port.

See, e.g., Ex. J at p. 1 (the SmarTerminal can accept the ‘hand-off’ of fiber and distribute

up to eight service drops.”); see also, e.g., Ex. L at pp. 13-16.



supplies product literature for its FieldShield® SmarTerminal Patch and Splice, examples

of which are attached as Exhibits J and L, that instructs and encourages its customers and

users of the FieldShield® SmarTerminal Patch and Splice to connect a fiber optic cable at

the central feeder port in a manner that results in direct infringement of the ‘997 patent.

See, e.g., Exhibits J and L. For example, shown below is a picture from Clearfield’s

literature instructing and encouraging a user to connect a fiber optic cable at the central

feeder port.


Ex. J at p

and Spli

instructi

SmarTer

specific

direct in

1

is no sub

apparent

and/or w

history a

1

287.

1

patent an

infringin

p. 1. There

ice. As set

ons and enc

rminal Patc

intent, know

nfringement

86. Clear

bstantial de

t. Upon inf

was willfully

and knowle

87. Comm

88. Comm

nd will cont

ng the ‘997

e is no other

out above,

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76

Prayer for Relief

Plaintiff respectfully requests the following relief:

A. A judgment that Defendant has infringed the ‘731 patent, ‘791 patent, ‘409

patent, ‘233 patent, ‘206 patent, ‘234 patent, ‘602 patent, ‘861 patent, ‘021 patent, ‘929

patent, ‘147 patent, ‘258 patent, and ‘997 patent;

B. A judgment and order requiring Defendant to pay all appropriate damages

under 35 U.S.C. § 284, including pre-judgment and post-judgment interest, costs, and

increased damages for Defendant’s willful infringement;

C. A judgment and order that this is an exceptional case under 35 U.S.C. § 285

and awarding Plaintiffs its reasonable attorney fees;

D. Permanent injunctions against Defendant and their officers, agents,

employees, attorneys, and all persons in active concert or participation with them,

prohibiting infringement of the ‘731 patent, ‘791 patent, ‘409 patent, ‘233 patent, ‘206

patent, ‘234 patent, ‘602 patent, ‘861 patent, ‘021 patent, ‘929 patent, ‘147 patent, ‘258

patent, and ‘997 patent;

E. Such other and further relief that this Court may deem just and equitable.

Demand for a Jury Trial

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff demands a

trial by jury of all issues so triable.


77

Dated: January 31, 2017

CommScope Technologies LLC by counsel s/ Timothy A. Lindquist Philip P. Caspers (#192569) Timothy A. Lindquist (#245318) Samuel A. Hamer (#294469) Joseph W. Winkels (#349707) CARLSON, CASPERS, VANDENBURGH, LINDQUIST & SCHUMAN, P.A. 225 South Sixth Street, Suite 4200 Minneapolis, Minnesota 55402 (612) 436-9600 Telephone (612) 436-9605 Facsimile [email protected] [email protected] [email protected] [email protected]


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FOR THE DISTRICT OF MINNESOTA COMMSCOPE …

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