DCT

0:17-cv-00307

CommScope Tech LLC v. Clearfield Inc

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Key Events
Complaint

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 0:17-cv-00307, D. Minn., 01/31/2017
  • Venue Allegations: Venue is alleged to be proper in the District of Minnesota because Defendant Clearfield resides in the district and has a regular and established place of business there.
  • Core Dispute: Plaintiff alleges that Defendant’s fiber optic telecommunications cabinets, splitters, connectors, and terminals infringe thirteen patents related to fiber optic connection, storage, and management technology.
  • Technical Context: The dispute concerns hardware for fiber optic telecommunications infrastructure, a critical component for deploying high-speed data networks such as Fiber-to-the-Home (FTTx).
  • Key Procedural History: The complaint alleges that certain inventions were originally developed by ADC Telecommunications, Inc., which is now an affiliate of Plaintiff. It further alleges that Defendant employs former ADC product managers who were responsible for products covered by the patents-in-suit, forming a basis for Plaintiff's claims of willful infringement.

Case Timeline

Date Event
2003-06-30 Priority Date for U.S. Patent No. 7,198,409
2003-07-02 Priority Date for U.S. Patent Nos. 7,233,731 & 7,809,234
2003-07-18 Priority Date for U.S. Patent Nos. 7,809,233 & 9,201,206
2004-03-08 Priority Date for U.S. Patent Nos. RE 42,258 & 7,397,997
2005-01-06 Priority Date for U.S. Patent No. 8,811,791
2006-03-17 Priority Date for U.S. Patent Nos. 7,816,602 & 8,263,861
2007-04-03 Issue Date for U.S. Patent No. 7,198,409
2007-06-19 Issue Date for U.S. Patent No. 7,233,731
2008-02-15 Priority Date for U.S. Patent No. 8,705,929
2008-07-08 Issue Date for U.S. Patent No. 7,397,997
2009-09-28 Priority Date for U.S. Patent No. 9,122,021
2010-06-23 Priority Date for U.S. Patent No. 8,938,147
2010-10-05 Issue Date for U.S. Patent Nos. 7,809,233 & 7,809,234
2010-10-19 Issue Date for U.S. Patent No. 7,816,602
2011-03-29 Issue Date for U.S. Patent No. RE 42,258
2012-09-11 Issue Date for U.S. Patent No. 8,263,861
2014-04-22 Issue Date for U.S. Patent No. 8,705,929
2014-08-19 Issue Date for U.S. Patent No. 8,811,791
2015-01-20 Issue Date for U.S. Patent No. 8,938,147
2015-09-01 Issue Date for U.S. Patent No. 9,122,021
2015-12-01 Issue Date for U.S. Patent No. 9,201,206
2017-01-31 Complaint Filing Date

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 7,233,731 - "Telecommunications Connection Cabinet"

Issued June 19, 2007

The Invention Explained

  • Problem Addressed: In telecommunications cabinets, fiber optic connectors that are pre-installed for future use need to be protected from contaminants like dust and fingerprints that can degrade signal transmission. While dust caps provide effective protection, a connector with a dust cap cannot be inserted into a standard adapter for storage. (’731 Patent, col. 1:11-34).
  • The Patented Solution: The invention is a telecommunications cabinet that includes a dedicated storage area with a specialized "connector holder." This holder is configured to receive and releasably store a fiber optic connector while its protective dust cap remains on the ferrule. The holder is also designed to block access to the connector's end face, preventing physical damage while it is stored. (’731 Patent, Abstract; col. 2:4-17).
  • Technical Importance: This system allows network operators to pre-cable cabinets with surplus capacity for future customers, ensuring the unused connectors remain clean, organized, and ready for rapid deployment, which improves technician efficiency and network reliability. (’731 Patent, col. 1:11-20).

Key Claims at a Glance

  • The complaint asserts independent claim 8 (Compl. ¶26).
  • Claim 8 of the ’731 Patent recites the essential elements of a telecommunications connection cabinet, including:
    • A housing with a front opening and a door.
    • An array of telecommunications adapters for coupling fiber optic connectors.
    • A first fiber optic cord terminating in a first fiber optic connector.
    • A storage area for temporarily storing fiber optic connectors, where the first fiber optic connector is stored.
    • The first fiber optic connector including a connector body, a ferrule holding an optical fiber, and a dust cap mounted on the ferrule.
    • The storage area including a "connector holder" for holding the first fiber optic connector with the dust cap mounted on the ferrule.
    • The connector holder has a front and back side and, when holding the connector, "blocks access to the first end of the connector body from the front side of the connector holder."
  • The complaint reserves the right to assert other claims. (Compl. ¶26).

U.S. Patent No. 8,811,791 - "Telecommunications Connection Cabinet"

Issued August 19, 2014

The Invention Explained

  • Problem Addressed: As fiber optic networks grow in density, cabinets must efficiently manage both active, in-use connections and inactive, stored connections. A lack of clear, distinct structures for these two states can lead to disorganized cabling, technician error, and potential damage to sensitive connector end-faces. (’791 Patent, col. 1:19-32).
  • The Patented Solution: The patent describes a cabinet that makes a structural and functional distinction between connection types. It provides a plurality of "fiber optic adapters" specifically for receiving connectors without dust caps for active optical coupling, and a separate plurality of "storage ports" designed for receiving connectors with their dust caps on for secure, protected storage. (’791 Patent, Abstract; col. 2:37-47).
  • Technical Importance: This dual-port architecture provides a purpose-built, organized system for managing a high density of both active and inactive fibers, reducing the risk of contamination or damage to stored connectors while maintaining clear access to active ports. (’791 Patent, col. 1:24-32).

Key Claims at a Glance

  • The complaint asserts independent claim 1 (Compl. ¶44).
  • Claim 1 of the ’791 Patent recites the essential elements of a telecommunications connection cabinet, including:
    • A housing.
    • A plurality of optical fibers within the housing, with ends connectorized with fiber optic connectors that include dust caps.
    • A plurality of fiber optic adapters within the housing for receiving the fiber optic connectors "without the dust caps on."
    • A plurality of storage ports for receiving the fiber optic connectors "with the dust caps on."
  • The complaint reserves the right to assert other claims. (Compl. ¶44).

Multi-Patent Capsules

  • Patent Identification: U.S. Patent No. 7,198,409, "Fiber Optic Connector Holder and Method," issued April 3, 2007.

    • Technology Synopsis: The patent addresses the need to store fiber optic connectors with their protective dust caps on. The solution is a connector holder assembly designed to receive and hold a fiber optic connector without requiring the dust cap to be removed from the ferrule, while also blocking access to the connector's front end to prevent damage. (’409 Patent, Abstract; col. 3:6-24).
    • Asserted Claims: Independent claim 26 (Compl. ¶58).
    • Accused Features: The complaint alleges that the "parking blocks" used in the Clearfield WaveSmart® Ruggedized Splitters infringe the ’409 patent. (Compl. ¶58, ¶61).

  • Patent Identification: U.S. Patent No. 7,809,233, "Telecommunications Cabinet with Connector Storage," issued October 5, 2010.

    • Technology Synopsis: This patent describes a splitter assembly that integrates storage for unused connectors. The invention comprises a splitter housing for the optical splitter and a separate, distinct "connector storage module" that defines receptacles for storing connectors but specifically does not include structure for optically coupling them, distinguishing it from an active adapter panel. (’233 Patent, Abstract).
    • Asserted Claims: Independent claim 16 (Compl. ¶68).
    • Accused Features: The Clearfield WaveSmart® Ruggedized Splitters, which allegedly include a splitter housing and a separate foam connector storage module, are accused of infringement. (Compl. ¶68, ¶71).

  • Patent Identification: U.S. Patent No. 9,201,206, "Telecommunications Cabinet with Connector Storage," issued December 1, 2015.

    • Technology Synopsis: The technology is highly similar to the ’233 patent, describing a telecommunications assembly with a fiber optic splitter in a housing and a separate storage module. The storage module is configured to store the connectorized ends of fiber optic pigtails from the splitter and explicitly does not include structure to optically couple two connectors together. (’206 Patent, Abstract).
    • Asserted Claims: Independent claim 1 (Compl. ¶78).
    • Accused Features: The Clearfield WaveSmart® Ruggedized Splitters are accused of infringing by allegedly having a splitter housing and a separate foam storage module. (Compl. ¶78, ¶81).

  • Patent Identification: U.S. Patent No. 7,809,234, "Telecommunications Connection Cabinet," issued October 5, 2010.

    • Technology Synopsis: This patent concerns the internal layout and cable management of a telecommunications cabinet. It claims a cabinet with distinct locations for a splitter module, fiber connections (adapters), and connector storage, combined with "curved cable management surfaces" that define a first path for routing a fiber to storage and a second path for later routing that same fiber to an active adapter. (’234 Patent, Abstract; col. 2:4-24).
    • Asserted Claims: Independent claim 8 (Compl. ¶88).
    • Accused Features: The Clearfield PON Cabinets are accused of infringement, with the complaint identifying specific locations for splitters, cassettes (adapters), and "parking blocks" (storage), as well as "Fiber management rods and spools" that allegedly create the claimed cable paths. (Compl. ¶90-93).

  • Patent Identification: U.S. Patent No. 7,816,602, "Fiber Distribution Hub with Outside Accessible Grounding Terminals," issued October 19, 2010.

    • Technology Synopsis: The invention is a telecommunications cabinet with two separate compartments: a primary compartment for housing telecommunications equipment and a secondary compartment that is accessible from the exterior without opening the main doors. This secondary compartment contains a grounding interface, allowing technicians to safely access grounding points for locating buried cables without disturbing the sensitive internal equipment. (’602 Patent, Abstract).
    • Asserted Claims: Independent claim 11 (Compl. ¶103).
    • Accused Features: The Clearfield PON Cabinets that include the optional "Ground Locate Box" are accused of infringement, with the Ground Locate Box alleged to be the claimed secondary compartment containing the grounding interface. (Compl. ¶103, ¶106, ¶107).

  • Patent Identification: U.S. Patent No. 8,263,861, "Fiber Distribution Hub with Outside Accessible Grounding Terminals," issued September 11, 2012.

    • Technology Synopsis: This technology is closely related to the ’602 patent, describing a cabinet with a primary compartment and an externally accessible secondary compartment containing a grounding interface. This patent further specifies that by accessing the interface in the secondary compartment, shields of cables routed inside the primary compartment can be electrically disconnected from ground without entering the primary compartment. (’861 Patent, Abstract).
    • Asserted Claims: Independent claim 11 (Compl. ¶118).
    • Accused Features: The Clearfield PON Cabinets with the "Ground Locate Box" option are accused of infringement, with the complaint alleging this feature allows for disconnection of cable shields from outside the main cabinet interior. (Compl. ¶118, ¶122).

  • Patent Identification: U.S. Patent No. 9,122,021, "Sealing Enclosure for a Connector on a Cable," issued September 1, 2015.

    • Technology Synopsis: The patent describes a hardened, weather-sealed fiber optic connector. The design features an inner body and an outer body that slides over it; this sliding motion compresses a cable seal radially inward, creating a weather-tight seal around the cable while locking the connector assembly together. (’021 Patent, Abstract).
    • Asserted Claims: Independent claim 1 (Compl. ¶132).
    • Accused Features: The Clearfield FieldShield® Hardened Connector is accused of infringement, with allegations that its inner/outer body and grommet system perform the claimed sealing and clamping functions. (Compl. ¶132-135).

  • Patent Identification: U.S. Patent No. 8,705,929, "Fiber Optic Enclosure with Internal Cable Spool," issued April 22, 2014.

    • Technology Synopsis: The invention is a telecommunications box or enclosure containing a rotatable cable storage spool. A fiber optic cable is wound on the spool, and a fiber optic adapter is mounted directly on the spool itself. This configuration allows a technician to pay out a desired length of cable by pulling on the cable's end, causing the spool and the attached adapter to rotate together. (’929 Patent, Abstract).
    • Asserted Claims: Independent claim 1 (Compl. ¶141).
    • Accused Features: The Clearfield FieldShield® Deploy Reel and Box product is accused of infringement. (Compl. ¶141).

  • Patent Identification: U.S. Patent No. 8,938,147, "Telecommunications Assembly," issued January 20, 2015.

    • Technology Synopsis: The patent describes a rack-mountable telecommunications panel containing a slidable tray. Mounted on this tray is a rotatable spool around which fiber optic cable is wound, allowing an installer to pay out the exact amount of cable required from the panel while the remaining slack is stored on the spool. (’147 Patent, Abstract).
    • Asserted Claims: Independent claim 1 (Compl. ¶155).
    • Accused Features: The Clearfield SmartRoute Panel is accused of having an infringing slidable drawer and internal rotatable spools. (Compl. ¶155-158).

  • Patent Identification: U.S. Patent No. RE42258, "Outside Plant Fiber Distribution Apparatus and Method," issued March 29, 2011.

    • Technology Synopsis: This patent (a reissue of U.S. Patent 7,397,997) describes a fiber optic terminal with a specific geometric layout. An outside plant cable enters the housing at a securement location in a first direction, and the housing has a plurality of adapters whose second ends (for connecting to drop cables) at least partially face toward that same first direction. (’997 Patent, Abstract).
    • Asserted Claims: Independent claim 30 (Compl. ¶164).
    • Accused Features: The FieldShield® SmarTerminal with the Optical Components-Splitter configuration is accused of infringement. (Compl. ¶164).

  • Patent Identification: U.S. Patent No. 7,397,997, "Fiber Access Terminal," issued July 8, 2008.

    • Technology Synopsis: The technology concerns a fiber optic terminal where an incoming cable enters an enclosure, is separated into multiple fibers, and is terminated at adapters. The invention specifies that the adapters are mounted at openings positioned "generally along a first curve" on the enclosure. (’997 Patent, Abstract).
    • Asserted Claims: Independent claim 1 (Compl. ¶178).
    • Accused Features: The FieldShield® Multiport SmarTerminal with Patch Only and Patch and Splice configurations are accused of having adapters arranged in the claimed curved pattern. (Compl. ¶178, ¶181).

III. The Accused Instrumentality

Product Identification

  • The complaint accuses a range of Clearfield's fiber optic products, including: FieldSmart® PON Cabinets, WaveSmart® Ruggedized Splitters, FieldShield® Hardened Connectors, FieldShield® Deploy Reel and Box, the SmartRoute Panel, and the FieldShield® Multiport SmarTerminal in various configurations (Compl. ¶7, 13, 15, 17, 19).

Functionality and Market Context

  • The accused products are components of fiber optic distribution networks. The PON Cabinets serve as outdoor enclosures that house and organize fiber optic connections, splitters, and cassettes (Compl. ¶7, Ex. A, B). The WaveSmart® Splitters are modules that take a single fiber input and split the optical signal to multiple output fibers, which are pre-terminated with connectors and stored in a "parking block" (Compl. ¶58, Ex. E). The FieldShield® products include hardened, weather-proof connectors for outdoor use, deployable reels of fiber for last-mile connections, and multi-port terminals for connecting subscriber drop cables to the main network (Compl. ¶13, 15, 19, Ex. F, G, I). The complaint alleges these products are central to Clearfield's telecommunications business and are used to build FTTx network infrastructures (Compl. ¶1-2). A photograph of Clearfield's "parking block" assembly shows a black, grid-like foam or plastic block holding numerous fiber optic connectors with their dust caps on. (Compl. p. 10). An annotated diagram of an exemplary PON cabinet shows the layout of internal components, including "Curved cable management surfaces" for routing fibers. (Compl. p. 34).

IV. Analysis of Infringement Allegations

'731 Patent Infringement Allegations

Claim Element (from Independent Claim 8) Alleged Infringing Functionality Complaint Citation Patent Citation
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 The PON Cabinets have an outer off-white structure with a front door that provides access to the interior components and cabling. ¶27 col. 4:1-14
an array of telecommunications adapters mounted within the interior of the housing, each telecommunications adapter being configured for coupling together two fiber optic connectors... The PON Cabinets use "Distribution cassettes" and "Feeder cassettes," each of which includes 12 adapters (e.g., SC/UPC adapters) for making optical interconnections. ¶28 col. 4:15-20
a first fiber optic cord having an end that terminates at a first fiber optic connector The PON Cabinets include fiber optic cords that terminate at fiber optic connectors. An installation manual diagram shows a green fiber optic connector. ¶29 col. 4:21-23
the first fiber optic connector including ... a ferrule holding an optical fiber having a polished end face ... a dust cap having an open end ... mounted on the ferrule of the first fiber optic connector... The connectors in the PON cabinets include a connector body, ferrule, and dust cap mounted on the ferrule, as shown in product photographs and diagrams. ¶31, ¶32 col. 4:32-58
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 The PON Cabinets have a "Parking block" positioned within the interior that serves as a storage area for temporarily storing fiber optic connectors, including the first fiber optic connector. ¶30 col. 4:24-27
the storage area including a connector holder for holding the first fiber optic connector with the dust cap mounted on the ferrule...wherein when the first fiber optic connector is held by the connector holder, the connector holder blocks access to the first end of the connector body from the front side of the connector holder The accused "parking blocks" allegedly function as the claimed connector holder. A photograph shows that when connectors are held within the parking block, the block's structure physically obstructs access to the front end of the connector body. ¶33 col. 4:59-67
  • Identified Points of Contention:
    • Scope Questions: A central point of contention may be whether the term "connector holder" as defined in the patent, which implies a specific structure for holding a capped connector while blocking access, can be read to cover the accused "parking block," which the defense may characterize as a generic or multi-purpose storage component.
    • Technical Questions: The claim requires that the connector holder "blocks access to the first end of the connector body." The factual question will be what degree of "blocking" is required by the claim and whether the accused product's parking block, as depicted in a photograph (Compl. p. 10), meets that functional requirement.

'791 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
a housing The PON Cabinets have an outer off-white structure that serves as the housing. ¶45 col. 2:19-20
a plurality of optical fibers within the housing, the optical fibers having ends connectorized with fiber optic connectors including dust caps The PON Cabinets contain multiple optical fibers with connectorized ends that include dust caps, stored in a component identified as a "Parking block." ¶46 col. 2:21-24
a plurality of fiber optic adapters within the housing for receiving the fiber optic connectors without the dust caps on The PON Cabinets utilize "Distribution cassettes" and "Feeder cassettes" which contain adapters (e.g., SC/UPC adapters) that receive fiber optic connectors with their dust caps removed for active connections. ¶47 col. 2:25-28
a plurality of storage ports for receiving the fiber optic connectors with the dust caps on The "Parking block" component within the PON Cabinets allegedly provides a plurality of storage ports that receive and hold the fiber optic connectors with their dust caps on. A photograph shows connectors with dust caps held within the storage ports of the parking block. ¶48 col. 2:29-31
  • Identified Points of Contention:
    • Scope Questions: The infringement analysis will likely focus on whether the accused products maintain the claimed distinction between "fiber optic adapters" (for uncapped, active connections) and "storage ports" (for capped, stored connections). A defense may argue that the "storage ports" are simply a type of adapter or that the distinction is not meaningful in their product's design, raising questions of claim construction and infringement.
    • Technical Questions: What evidence does the complaint provide that the receptacles in the "Parking block" are functionally distinct from the "adapters" in the cassettes, beyond their intended use? The case may turn on whether there are structural differences that make one suitable only for capped connectors and the other only for uncapped connectors, as the claim language implies.

V. Key Claim Terms for Construction

  • For the ’731 Patent:

    • The Term: "connector holder"
    • Context and Importance: This term is the central novel element of claim 8. The infringement determination will depend on whether the accused "parking block" falls within the scope of this term, specifically its function of holding a capped connector while blocking access.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The specification describes the holder's function generally as being "configured to permit a fiber optic connector with a dust cap ... to be inserted within and releasably held by the connector holder." (’731 Patent, col. 2:9-13). This functional language could support a construction that covers any structure achieving that result.
      • Evidence for a Narrower Interpretation: The patent's detailed description and figures illustrate a specific embodiment of the connector holder with particular structural features like an inner housing, retaining clips, and specific dimensions. (’731 Patent, col. 3:35-4:67; Figs. 1-7). A defendant may argue these specific disclosures limit the term to the structures shown or their equivalents.

  • For the ’791 Patent:

    • The Term: "storage ports"
    • Context and Importance: Claim 1 requires both "fiber optic adapters" (for uncapped connectors) and "storage ports" (for capped connectors). For the claim to be valid and infringed, these two terms must be construed as distinct structures. Practitioners may focus on this term because if "storage ports" are found to be structurally indistinguishable from "adapters," the claim could be challenged for lacking antecedent basis or for being indefinite.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The claim language itself provides the primary distinction: one receives connectors "without the dust caps on," and the other receives them "with the dust caps on." (’791 Patent, claim 1). This suggests a primarily functional distinction, allowing the term to cover any port that can physically accommodate a connector with a dust cap.
      • Evidence for a Narrower Interpretation: The specification, by cross-referencing the family of patents including the '731 and '409 patents, may implicitly define "storage ports" as structures like the "connector holders" in those patents, which have specific features for storing capped connectors (e.g., blocking frontal access). This could support a narrower construction that requires more than just the ability to hold a capped connector.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges active inducement of infringement for multiple patents. The allegations are based on Clearfield supplying product literature, such as installation manuals and datasheets (Exhibits A-E), and product labels that allegedly instruct and encourage customers to assemble and use the accused products in a manner that directly infringes the asserted claims (Compl. ¶38, ¶52, ¶97). A product label attached to a PON Cabinet is shown to instruct a user on attaching a parking block with stored connectors (Compl. p. 13).
  • Willful Infringement: Willfulness is alleged for all asserted patents. The claims are based on "information and belief" that Clearfield had pre-suit knowledge of the patents-in-suit or was willfully blind to their existence. This allegation is primarily based on the asserted prior employment history of at least three current Clearfield product managers who previously worked at ADC Telecommunications, Inc., the original developer of the patented technology, where they allegedly had responsibility for similar products (Compl. ¶34, ¶39, ¶53, ¶63).

VII. Analyst’s Conclusion: Key Questions for the Case

  • A core issue will be one of definitional scope and function: Can the patented term “connector holder,” which requires the specific function of blocking frontal access to a stored connector, be construed to cover the accused “parking block”? Similarly, does the accused PON cabinet maintain the claimed structural and functional distinction between “adapters” for active use and “storage ports” for passive storage?
  • A central factual dispute will be the defendant's state of mind: Can CommScope produce evidence to substantiate its allegation that knowledge of the asserted patents should be imputed to Clearfield through its employees who formerly worked for Plaintiff's affiliate? The outcome of this question will be critical to the claim of willful infringement.
  • The case involves a large portfolio of patents covering systems (cabinets) and sub-components (splitters, holders). A key strategic question will be one of infringement apportionment: How will the parties and the court analyze infringement and potential damages for products like the WaveSmart® Splitter, which is accused of infringing component-level patents ('409, '233) on its own, and also contributing to the alleged infringement of system-level patents ('731, '791) when installed in a larger cabinet?