DCT
1:24-cv-00427
CommScope v. Belden Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: CommScope, Inc. of North Carolina (North Carolina)
- Defendant: Belden Inc. (Delaware) and PPC Broadband, Inc. (Delaware)
- Plaintiff’s Counsel: Richards Layton & Finger, P.A.
- Case Identification: 1:24-cv-00427, D. Del., 04/04/2024
- Venue Allegations: Venue is alleged to be proper in the District of Delaware on the basis that both Defendant corporations are organized under the laws of Delaware.
- Core Dispute: Plaintiff alleges that Defendants’ communications cable payout bags infringe a patent related to portable bags designed for dispensing bulk cable.
- Technical Context: The technology concerns specialized equipment for telecommunications technicians, specifically soft-sided bags that allow for organized and tangle-free deployment of cable during field installations.
- Key Procedural History: The complaint alleges that Defendants had knowledge of the patent-in-suit prior to the filing of the lawsuit but does not specify the basis for this alleged knowledge.
Case Timeline
| Date | Event |
|---|---|
| 2009-06-15 | Priority Date for the '697 Patent |
| 2016-02-23 | U.S. Patent No. 9,266,697 issues |
| 2024-04-04 | Complaint filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 9,266,697 - "Communications Cable Payout Bags"
- Patent Identification: U.S. Patent No. 9,266,697, "Communications Cable Payout Bags," issued February 23, 2016.
The Invention Explained
- Problem Addressed: The patent describes the challenge for technicians needing to carry and dispense bulk cable for installations. Carrying heavy, unwieldy coils by hand is difficult, and paying out cable from an unrestrained coil can lead to it becoming disorganized and tangled (ʼ697 Patent, col. 1:10-21).
- The Patented Solution: The invention is a specialized bag designed to solve this problem. One key embodiment describes a flexible main bag containing a separate, removable insert that is configured to hold a reel of cable. This structure allows a technician to carry the cable and pull a loose end through a dedicated payout passageway in the side of the bag, enabling controlled dispensing. (ʼ697 Patent, col. 4:56-65; Fig. 4).
- Technical Importance: The described solution aims to enhance the portability and organization of bulk cable for field technicians, thereby improving the efficiency of installation work by preventing tangling and providing a convenient carrying method (ʼ697 Patent, col. 1:16-21).
Key Claims at a Glance
- The complaint asserts independent claim 10 (Compl. ¶21).
- The essential elements of independent claim 10 are:
- A communications cable payout bag, comprising:
- a main compartment constructed of a flexible material, the main compartment having an interior and an exterior, the main compartment being openable and closable;
- a removable insert within the interior of the main compartment;
- a reel of communications cable that is supported by the removable insert, the reel of communications cable having a loose end of cable at an outer portion thereof;
- a shoulder strap attached to the exterior of the main compartment;
- a cable payout passageway defined between the interior and the exterior of the main compartment, the cable payout passageway configured to receive therethrough the loose end of cable from the outer portion of the reel of communications cable; and
- a closure mechanism configured to close the main compartment to thereby close the removable insert and the reel of communications cable in the interior of the main compartment;
- wherein the main compartment has a substantially rectangular profile when the removable insert and the reel of communications cable are closed in the interior thereof.
- The complaint alleges infringement of "one or more claims," suggesting a reservation of the right to assert additional claims (Compl. ¶21).
III. The Accused Instrumentality
Product Identification
- The complaint names the "Perfect Tote Soft Cable Bag" and "Miniflex Fiber Cable Bag" as accused products, with the infringement allegations focusing on the Perfect Tote Soft Cable Bag (Compl. ¶14, ¶22).
Functionality and Market Context
- The accused Perfect Tote Soft Cable Bag is described as a "cable bag" used in conjunction with a "NexReel" cable package (Compl. ¶26; p. 6). The complaint alleges, through text and screenshots from an instructional video, that the product is a flexible bag with a main compartment, a removable insert that holds a reel of cable, a shoulder strap, a closure mechanism (zipper), and a side opening for cable payout (Compl. ¶¶28-40). A screenshot from an instructional video depicts a technician placing the NexReel inside the bag's "main compartment" (Compl. p. 6). The product is marketed for use by technicians in deploying communications cable.
IV. Analysis of Infringement Allegations
’697 Patent Infringement Allegations
| Claim Element (from Independent Claim 10) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| A communications cable payout bag, comprising: | The Perfect Tote Soft Cable Bag is a "communication cable payout bag" described in a datasheet as a "cable bag." | ¶26 | col. 1:4-6 |
| a main compartment constructed of a flexible material, the main compartment having an interior and an exterior, the main compartment being openable and closable | The bag has a main compartment made of flexible material that is openable and closable. A screenshot shows an open, flexible bag labeled "main compartment." | ¶28 | col. 2:45-48 |
| a removable insert within the interior of the main compartment | The bag has a removable insert. A screenshot from an instructional video shows a structure, identified as "Part of the removable insert," being placed inside the main compartment. | ¶30 | col. 4:61-62 |
| a reel of communications cable that is supported by the removable insert...having a loose end of cable at an outer portion thereof | The bag has a reel of communications cable supported by the insert, with a loose end. A screenshot shows this feature, annotating a cable reel inside the bag. | ¶32 | col. 4:62-65 |
| a shoulder strap attached to the exterior of the main compartment | The bag has an "Adjustable Shoulder Strap." A screenshot shows a person holding the bag by this strap. | ¶34 | col. 3:28-29 |
| a cable payout passageway defined between the interior and the exterior of the main compartment...configured to receive therethrough the loose end of cable | The bag has a payout passageway. A screenshot shows a cable exiting a slot in the bag's side, which is annotated as the claimed passageway. | ¶36 | col. 3:9-14 |
| a closure mechanism configured to close the main compartment to thereby close the removable insert and the reel of communications cable... | The bag has a closure mechanism (zipper) to close the main compartment. A screenshot shows the bag being zipped closed and is annotated as meeting this element. | ¶38 | col. 3:11-13 |
| wherein the main compartment has a substantially rectangular profile when the removable insert and the reel of communications cable are closed in the interior thereof | When closed, the main compartment has a substantially rectangular profile. A screenshot shows the closed bag with this shape annotated. | ¶40 | col. 2:66-67 |
Identified Points of Contention
- Scope Questions: The final limitation of claim 10 requires a "substantially rectangular profile" when the bag is closed. A potential dispute may arise over whether the accused soft-sided bag, whose shape may be variable, maintains a profile that is "substantially rectangular" in practice. The interpretation of this geometric term will be significant.
- Technical Questions: A central technical question may be whether the accused "NexReel" product constitutes both a "removable insert" and the "reel of communications cable" it allegedly "support[s]." The patent's figures depict a box-like insert (124) and a separate reel (122) placed within it (ʼ697 Patent, Fig. 4). The litigation may focus on whether the single, integrated "NexReel" unit can satisfy these two distinct claim elements or if there is a technical mismatch between the claimed structure and the accused product.
V. Key Claim Terms for Construction
The Term: "removable insert"
- Context and Importance: This term is critical to the infringement analysis for elements 10B and 10C. The complaint alleges the "NexReel" component is the "removable insert" that "supports" the reel of cable. The case may turn on whether the accused product, which appears to be an integrated reel-and-housing unit, can be mapped onto these two separate claim limitations. Practitioners may focus on this term because its construction could resolve whether a single integrated component can satisfy two distinct structural elements of the claim.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes the insert in general terms as being "configured to hold a reel of cable" and fitting "within the main compartment," without strictly requiring it to be a separate, passive container ('697 Patent, col. 4:61-63).
- Evidence for a Narrower Interpretation: Figure 4 explicitly shows the "removable insert" (124) as a distinct, four-sided container into which a separate "reel of cable" (122) is inserted ('697 Patent, Fig. 4). This depiction could support an interpretation that the "insert" and the "reel" must be separate and distinct components.
The Term: "substantially rectangular profile"
- Context and Importance: This term defines the shape of the bag when closed, which is a condition of infringement for claim 10. For a soft-sided bag, establishing a consistent "profile" can be difficult. The defendant may argue its product is more amorphous or rounded and thus does not meet this limitation.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The word "substantially" suggests some deviation from a perfect rectangle is permitted. The specification states the rectangular profile "may allow a cable package... comprising a box... to be snugly held," tying the shape to a function rather than a strict geometric form ('697 Patent, col. 2:66-col. 3:1).
- Evidence for a Narrower Interpretation: The specification explicitly contrasts the rectangular profile embodiment (Fig. 1) with another embodiment having a "generally circular profile" (Fig. 5, col. 5:16). This deliberate distinction between shapes could be used to argue for a stricter definition of "rectangular" that is meaningfully different from "circular" or other non-rectangular shapes.
VI. Other Allegations
- Indirect Infringement: The complaint alleges both induced and contributory infringement. Inducement is based on allegations that Defendant "directly encourages its customers" to infringe by distributing "product materials and videos" and selling matching reels (Compl. ¶41). Contributory infringement is based on allegations that the accused bags are "especially made or especially adapted for use in an infringing manner" and are not staple articles of commerce (Compl. ¶41).
- Willful Infringement: The complaint alleges that Defendant had "knowledge of the '697 patent before the filing of this complaint" and that its infringement was "willful, deliberate, and intentional" (Compl. ¶¶19, 44). The complaint does not, however, plead specific facts detailing how or when Defendant allegedly became aware of the patent.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of structural correspondence: does the accused "NexReel" product—an integrated reel and housing—satisfy the distinct claim limitations of a "removable insert" that in turn "support[s] a reel of communications cable," or does the patent require two structurally separate components as depicted in its figures?
- A key evidentiary question will be one of geometric conformity: can the accused "Perfect Tote," a soft-sided bag, be shown to maintain a "substantially rectangular profile" when closed and in use, as required by the claim? The resolution will depend on the factual evidence presented and the court’s construction of this geometric limitation.