PTAB
IPR2018-00003
Clearfield Inc v. CommScope Technologies LLC
Key Events
Petition
Table of Contents
petition
1. Case Identification
- Case #: IPR2018-00003
- Patent #: 7,198,409
- Filed: October 6, 2017
- Petitioner(s): Clearfield, Inc.
- Patent Owner(s): Commscope Technologies LLC
- Challenged Claims: 26-31
2. Patent Overview
- Title: Fiber Optic Connector Holder and Method
- Brief Description: The ’409 patent discloses a fiber optic connector holder and telecommunications assembly configured to receive and hold a fiber optic connector that has a protective dust cap positioned over its ferrule. The invention purports to improve upon prior art methods of protecting the polished end faces of unused fiber optic connectors.
3. Grounds for Unpatentability
Ground 1: Obviousness over Hirao - Claims 26-31 are obvious over Hirao.
- Prior Art Relied Upon: Hirao (JP Patent Pub. No. 2000-241629A).
- Core Argument for this Ground:
- Prior Art Mapping: Petitioner argued that Hirao discloses an optical distribution frame that includes an "unconnected fiber management unit" for storing connectorized optical fibers not currently in use. This unit functions as the claimed "connector holder." Hirao’s unit includes a plate-like "connector anchoring part" with multiple slits sized to receive and hold optical connectors, which are fitted with protective caps. Petitioner contended that Hirao explicitly suggests using industry-standard SC connectors (per JIS C 5973), and a person of ordinary skill in the art (POSA) would have known that such standard connectors were commonly used with standard dust caps having the structure recited in the claims. Therefore, implementing Hirao's storage system with these known, standard components would render independent claims 26 and 29 obvious. The dependent claims were argued to be obvious as they recite predictable orientations (e.g., horizontal) that would be a matter of routine design choice.
- Motivation to Combine (for §103 grounds): A POSA would be motivated to implement Hirao's disclosed system using industry-standard SC connectors and their corresponding dust caps because Hirao itself directs the artisan to such standards. This was presented not as a combination of disparate references, but as the obvious implementation of a single reference using well-known, off-the-shelf components to achieve a predictable result.
- Expectation of Success (for §103 grounds): A POSA would have a high expectation of success, as this approach merely involves using standard, commercially available connectors and caps for their intended purpose within the framework disclosed by Hirao.
Ground 2: Obviousness over Hirao in view of Beatty - Claims 26-31 are obvious over Hirao in view of Beatty.
- Prior Art Relied Upon: Hirao (JP Patent Pub. No. 2000-241629A) and Beatty (Patent 6,554,485).
- Core Argument for this Ground:
- Prior Art Mapping: This ground asserted that Hirao teaches the core system: a holder for storing unused, capped fiber optic connectors. Beatty was introduced to explicitly teach a dust cap with the specific features recited in the challenged claims, including a structure designed to be mounted on the ferrule of an SC connector to protect its polished end face from contaminants. Petitioner argued that combining Hirao’s storage system with Beatty’s specifically configured dust cap renders all limitations of independent claims 26 and 29 obvious. For claim 29, which adds a "bulkhead," Petitioner mapped this to the structure within Hirao’s optical distribution frame to which the unconnected fiber management unit is mounted.
- Motivation to Combine (for §103 grounds): Petitioner argued a POSA would combine Beatty’s dust cap with Hirao’s system to gain several distinct advantages taught by Beatty. Beatty’s cap allows for continuity testing of the optical fiber without removing the cap, thereby improving efficiency and reducing the risk of contamination. Furthermore, Beatty’s cap is designed to ease installation by allowing air to vent as it is placed on the ferrule. These benefits provided a clear motivation to use Beatty's improved dust cap in Hirao's storage system.
- Expectation of Success (for §103 grounds): A POSA would have reasonably expected success in applying Beatty’s dust cap to the standard SC connectors used in Hirao’s system, as the components were designed to be compatible and would perform their known functions predictably.
4. Key Claim Construction Positions
- "connector holder": Petitioner argued that, for the purposes of the IPR, the term "connector holder" should be given a broad construction to encompass any structure capable of performing the claimed holding function. This position was based on Patent Owner’s litigation stance where it allegedly asserted that a simple foam block with holes met the definition of a "connector holder." Petitioner also preserved the argument that "connector holder" lacks sufficiently definite structure and should be interpreted as a means-plus-function element under pre-AIA 35 U.S.C. §112, sixth paragraph.
5. Relief Requested
- Petitioner requested the institution of an inter partes review and the cancellation of claims 26-31 of the ’409 patent as unpatentable.
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