UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA ) ) ) ) ) ) ) ) ) ) Complaint

Transcription

1 CASE 0:17-cv Document 1 Filed 01/31/17 Page 1 of 77 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA COMMSCOPE TECHNOLOGIES LLC v. CLEARFIELD, INC., Plaintiffs, 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.

2 CASE 0:17-cv Document 1 Filed 01/31/17 Page 2 of Clearfield is a Minnesota corporation having a principal place of business at 7050 Winnetka Avenue North, Suite 100, Brooklyn Park, Minnesota 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 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 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 2

3 CASE 0:17-cv Document 1 Filed 01/31/17 Page 3 of 77 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 which is a link provided on Clearfield s website 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 which is a link provided on Clearfield s website Upon 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 which is a link provided on Clearfield s website 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. 3

4 CASE 0:17-cv Document 1 Filed 01/31/17 Page 4 of 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 which is a link provided on Clearfield s website Upon information and belief, Clearfield believes that the product information for the Clearfield WaveSmart Ruggedized Splitters in Exhibit E is accurate. 13. Clearfield has committed acts of patent infringement by making, using, 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 which is a link provided on Clearfield s website Upon information and belief, Clearfield believes 4

5 CASE 0:17-cv Document 1 Filed 01/31/17 Page 5 of 77 that the product information for the FieldShield Hardened Connector in Exhibit F is accurate. 15. Clearfield has committed acts of patent infringement by making, using, selling, offering for sale, and/or importing into the United States telecommunication 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 which is a link provided on Clearfield s website 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. 17. Clearfield has committed acts of patent infringement by making, using, selling, offering for sale, and/or importing into the United States telecommunication 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 which is a 5

6 CASE 0:17-cv Document 1 Filed 01/31/17 Page 6 of 77 link provided on Clearfield s website Upon information and belief, Clearfield believes that the product information for the SmartRoute Panel in Exhibit H is accurate. 19. Clearfield has committed acts of patent infringement by making, using, selling, offering for sale, and/or importing into the United States telecommunication 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 which is a link provided on Clearfield s website Upon information and belief, Clearfield believes that the product information for the FieldShield SmarTerminal Optical Components in Exhibit I is accurate. 21. A copy of Clearfield s Data Sheet for the FieldShield SmarTerminal Patch and Splice configuration is attached as Exhibit J. Exhibit J is accessible through which is a link provided on Clearfield s website Upon information and belief, Clearfield believes that the product information for the FieldShield SmarTerminal Patch and Splice in Exhibit J is accurate. 6

7 CASE 0:17-cv Document 1 Filed 01/31/17 Page 7 of A copy of Clearfield s Data Sheet for the FieldShield SmarTerminal Patch Only configuration is attached as Exhibit K. Exhibit K is accessible through which is a link provided on Clearfield s website Upon information and belief, Clearfield believes that the product information for the 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 which is a link provided on Clearfield s website Upon information and belief, Clearfield believes that the product information for the FieldShield Multiport SmarTerminals in Exhibit L is accurate. Count 1 Claim for Patent Infringement of U.S. Patent No. 7,233, 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 7

8 CASE 0:17-cv Document 1 Filed 01/31/17 Page 8 of 77 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 offwhite 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. 8

9 CASE 0:17-cv Document 1 Filed 01/31/17 Page 9 of 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 9

10 CASE 0:17-cv Document 1 Filed 01/31/17 Page 10 of 77 the 731 patent. The dust caps that satisfy these limitations can be seen in the pictures below of the Clearfield parking block assembly used in the PON Cabinets: 33. The storage areaa in each of the PON Cabinets includes a connector holder for holding the first fiber optic connector with the dust cap mounted on the ferrule, the connector holder having a front side and a back side, wherein when the first fiber optic connector is held by the connector holder, the connector holderr blocks access to the first end of the connector body from the front side of the connector holder as recited in claim 8 of the 731 patent. The parking blocks shown inn the photographs of Clearfield s PON Cabinets below, satisfy this limitation. The photograph on the right shows the dust caps that are mounted on the ferrules of the connectors being held within the connector holder. 10

11 CASE 0:17-cv Document 1 Filed 01/31/17 Page 11 of 77 See, e.g.., Ex. A at pp. 7, 9, 11 and Upon information and belief, Clearfield currently employs at least threee people who prior to their employment at Clearfield were product managers at ADC Telecommunications, Inc. ( ADC ), the company that originally developed the inventions identified in the patents asserted in this Complaint relating to fiber distribution hubs and splitters. ADC is currently an affiliate of CommScope, and has changed its name to CommScope Connectivity LLC. These three current Clearfield employees, during their prior employment with ADC, had product management responsibility for FTTx products. These product managers include Paul Kmit, Cindy Olson, and Sharon Cerjance. At least one of thesee product managers was specifically responsible for fiber distribution hubs and splitters covered by the patentss identified in this Complaint when previously employed at ADC. 35. Upon information and belief, Clearfield knew about or was willfully blind to the existence of the 731 patent prior to service off this Complaint. At least as of service of this Complaint, Clearfield has knowledge of the 731 patent. 11

12 CASE 0:17-cv Document 1 Filed 01/31/17 Page 12 of 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 topmost 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. 12

13 CASE 0:17-cv Document 1 Filed 01/31/17 Page 13 of Clearfield has actively induced others, including its customers, to infringe claims of the 731 patent, including but not limited to claim 8. 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 731 patent. For example, shown below is a productt label attached to one of Clearfield s PON Cabinets that instructs a user to attach a parking block having stored connectors. There is no other substantial use for the parking structure in the PON Cabinets. As set out above, Clearfield has knowledge of the 731 patent and gives instructions and encouragement to its customers to assemble the PON Cabinets and associated 13

14 CASE 0:17-cv Document 1 Filed 01/31/17 Page 14 of 77 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 CommScope has satisfied the notice or marking provisions of 35 U.S.C. 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. Count 2 Claim for Patent Infringement of U.S. Patent No. 8,811, The allegations of paragraphs 1-41 are re-alleged as if fully set forth herein. 43. CommScope Technologies LLC is the owner of United States Patent No. 8,811,791 ( 791 patent), which issued on August 19, 2014, a copy of which is attached as Exhibit N. 44. Clearfield has manufactured, used, sold, offered for sale, and/or imported telecommunications connection cabinets that infringe, literally and under the doctrine of equivalents, the 791 patent. Clearfield s telecommunications connection cabinets that infringe the 791 patent include, without limitation, the PON Cabinets. By its activities 14

15 CASE 0:17-cv Document 1 Filed 01/31/17 Page 15 of 77 related to making, using, selling, offering for sale, and/or importing in or into the United States its PON Cabinets Clearfield has infringed andd continues to infringe claim 1 and other claims of the 791 patent. 45. Each of the PON Cabinets has a housing as recited in claim 1 of the 791 patent. The housing 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. 46. Each of the PON Cabinets has a plurality of optical fibers within the housing, the optical fibers having ends connectorizedd with fiberr optic connectors including dust caps as recited in claim 1 of the 7911 patent. Exhibit A at pages 7, 9, 11 and 13 shows a plurality of optical fibers within the housing in the location identifiedd by number 6 having ends connectorized with fiber opticc connectors. As seen in the photographs below, the fiber optic connectors in the location identified by number 6 in Exhibit A at pages 7, 9, 11 and 13 include dust caps: : 47. Each of the PON Cabinets has a plurality of fiber optic adapters within the housing for receiving the fiber optic connectors without the dust caps on as recited in 15

16 CASE 0:17-cv Document 1 Filed 01/31/17 Page 16 of 77 claim 1 of the 791 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 ( loadedd with SC/UPC adapters ); Ex. D. at p. 2 ( loaded with SC/UPC adapters ). The adapterss in each cassette receive fiber optic connectors without the dust caps on. 48. Each of the PON Cabinets has a plurality of storage ports for receiving the fiber optic connectors with the dust caps on as recited in claim 1 of the 791 patent. Exhibit A at pages 7, 9, 11 and 13 shows a connector holder, identified by number 6 as a Parking block, having a plurality of storage ports for receiving the fiber optic connectors with the dust caps on. The parking blocks shown in the photograph of Clearfield s PON Cabinets below, satisfy this limitation. The photograph on the right shows the dust caps that are mounted on the ferruless of the connectors held within the storage ports. 16

17 CASE 0:17-cv Document 1 Filed 01/31/17 Page 17 of 77 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. 50. Clearfield also indirectly infringes the 791 patent, including, for example, 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 topmost 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). 51. Clearfield s products include features that are not staple articles of commerce suitable for substantial noninfringing uses. See, e.g., Ex. A at pp. 7, 9, 11 and 17

18 CASE 0:17-cv Document 1 Filed 01/31/17 Page 18 of 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. 18

19 CASE 0:17-cv Document 1 Filed 01/31/17 Page 19 of 77 There is no other substantial use for the parking structure in the PON Cabinets. As set out above, Clearfield has knowledge of the 791 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 791 patent. 53. Clearfield s infringement of the 791 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 791 patent and/or was willfully blind to its existence, particularly given the prior employment history and knowledge of Clearfield s employees. 54. CommScope has satisfied the notice orr marking provisions of 35 U.S.C

20 CASE 0:17-cv Document 1 Filed 01/31/17 Page 20 of CommScope has been damaged by Clearfield s infringement of the 791 patent and will continue to be damaged in the future unless Clearfield is enjoined from infringing the 791 patent. Count 3 Claim for Patent Infringement of U.S. Patent No. 7,198, The allegations of paragraphs 1-55 are re-alleged as if fully set forth herein. 57. CommScope Technologies LLC is the owner of United States Patent No. 7,198,409 ( 409 patent), which issued on April 3, 2007, a copy of which is attached as Exhibit O. 58. Clearfield has manufactured, used, sold, offered for sale, and/or imported 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. 20

21 CASE 0:17-cv Document 1 Filed 01/31/17 Page 21 of 77 The connectors shown in Exhibit E and in the picture below satisfy these claim limitations. 60. The WaveSmart Ruggedized Splitters have a dust cap having an open end positioned opposite from a closed end, the dust cap including an inner surface defining a central opening thatt extends from the open end to the closed end of the dust cap, the dust cap being mounted on the ferrule of thee 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 polished end face of the optical fiber as recited in claim 26 of the 409 patent. The connectors shown in Exhibit E have dust caps that satisfy these claim limitations. The dust caps thatt satisfy these limitations can also be seen in the picture below of the Clearfield parking block assembly from a WaveSmart Ruggedized Splitter: 21

22 CASE 0:17-cv Document 1 Filed 01/31/17 Page 22 of The WaveSmart Ruggedized Splitters have a connector holder for holding the fiber optic connector without requiring the dust cap to be removed from the ferrule, the connector holder having a front side and a back side, the connector holder being sized and shaped to receive the first end of thee connector body through the front side of the connector holder while the dust cap is mounted on the ferrule, wherein when the fiber optic 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 as recited in claim 26 of the 409 patent. The parking blocks shown in the photographs of Clearfield s PON Cabinets and WaveSmart Ruggedized Splitter below, satisfy these limitations. The photograph h on the left t shows a connector holder mounted in a cabinet with connectors through the front side of the connector holder. The photograph on the right showss the dust caps on the connectors that are held within the connector holder. 22

23 CASE 0:17-cv Document 1 Filed 01/31/17 Page 23 of 77 Ex. E at p Upon information and belief, Clearfield knew about or was willfully blind to the existence of the 409 patent prior to service off this Complaint. At least as of service of this Complaint, Clearfield has knowledge of the 409 patent. 63. Clearfield s infringement of the 409 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 409 patent and/or was willfully blind to its existence, particularly given the prior employment history and knowledge of Clearfield s employees. 64. CommScope has satisfied the notice orr marking provisions of 35 U.S.C CommScope has been damaged by Clearfield s nfringement of the 409 patent and will continue to be damaged in the future unless Clearfield is enjoined from infringing the 409 patent. 23

24 CASE 0:17-cv Document 1 Filed 01/31/17 Page 24 of 77 Count 4 Claim for Patent Infringement of U.S. Patent No. 7,809, The allegations of paragraphs 1-65 aree re-alleged as if fully set forth herein. 67. CommScope Technologies LLC is the owner of United States Patent No. 7,809,233 ( 233 patent), whichh issued on October 5, 2010, a copy of whichh is attached as Exhibit P. 68. Clearfield has manufactured d, used, sold, offered for sale, and/or imported telecommunications products that infringe, literally and under the doctrine of equivalents, the 233 patent. Clearfield s telecommun nications products thatt infringe the 233 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 16 and other claims of the 233 patent. 69. The WaveSmart Ruggedized Splitters have a splitter housing as recited in claim 16 of the 233 patent. The splitter housing is shown on the right side in the picture in Exhibit E and below. 24

25 CASE 0:17-cv Document 1 Filed 01/31/17 Page 25 of The WaveSmart Ruggedized Splitters have a fiber optic splitter arranged within the splitter housing, the fiber optic splitter being configured to split an optical signal into a plurality of optical signals carried awayy from the splitter housing on a plurality of fiber optic cables, each of the fiber opticc cables being terminated at an end opposite the splitter housing by a fiber optic connector as recited in claim 16 of the 233 patent. The fiber optic splitter is arranged in the splitter housing shown on the right side in the picture in Exhibit E and below. Further, as seen in Exhibit E and below, the WaveSmart Ruggedized Splitter includes a plurality of fiber optic cables terminated at an opposite end of the splitter housing by fiber opticc connectors, shown in green below. 71. The WaveSmart Ruggedized Splitters have a connector storage module defining receptacles configured to receivee and store a plurality of the optical connectors of the fiber optic cables, the connector storage module being separate from the splitter housing, and the connector storage module not including connecting structure for optically coupling together two fiber optic connectors as recited in claim 16 of the 233 patent. The foam connector storage module, shown on the left side in the picture in 25

26 CASE 0:17-cv Document 1 Filed 01/31/17 Page 26 of 77 Exhibit E and below, satisfies these limitations. Thee foam connector storage module shown below has receptacles configured to receive and store the fiber optic connectors of the fiber optic cables, is separate from the splitter housing, and does not include connecting structure for optically coupling together two fiber optic connectors. 72. Upon information and belief, Clearfield knew about or was willfully blind to the existence of the 233 patent prior to service off this Complaint. At least as of service of this Complaint, Clearfield has knowledge of the 2333 patent. 73. Clearfield s infringement of the 233 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 233 patent and/or was willfully blind to its existence, particularly given the prior employment history and knowledge of Clearfield s employees. 74. CommScope has satisfied the notice orr marking provisions of 35 U.S.C

27 CASE 0:17-cv Document 1 Filed 01/31/17 Page 27 of CommScope has been damaged by Clearfield s infringement of the 233 patent and will continue to be damaged in the future unless Clearfield is enjoined from infringing the 233 patent. Count 5 Claim for Patent Infringement of U.S. Patent No. 9,201, The allegations of paragraphs 1-75 are re-alleged as if fully set forth herein. 77. CommScope Technologies LLC is the owner of United States Patent No. 9,201,206 ( 206 patent), which issued on December 1, 2015, a copy of which is attached as Exhibit Q. 78. Clearfield has manufactured, used, sold, offered for sale, and/or imported 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. 27

28 CASE 0:17-cv Document 1 Filed 01/31/17 Page 28 of The WaveSmart Ruggedized Splitters have a fiber optic splitter arranged within the splitter housing, the fiber optic splitter being configured to split an optical signal into a plurality of optical signals carried awayy from the splitter housing on a plurality of fiber optic pigtails, each of the fiber optic pigtails having a connectorized end opposite the splitter housing as recited in claim 1 off the 206 patent. The fiber optic splitter is arranged in the splitter housing shown on the right side in the picture in Exhibit E and below. Further, as seen in Exhibit E and below, the WaveSmart Ruggedized Splitter includes a plurality of fiber optic pigtails terminated at an opposite end of the splitter housing by fiber optic connectors, shown in green below. 28

29 CASE 0:17-cv Document 1 Filed 01/31/17 Page 29 of The WaveSmart Ruggedized Splitters have a storage module configured to store a plurality of the connectorized ends of the fiber optic pigtails, the storage module being separate from the splitter housing, the storage module not ncluding connecting structure to optically couple together twoo fiber optic connectors as recited in claim 1 of the 206 patent. The foam storage module, shown on the left side in the picture in Exhibit E and below, satisfies these limitations. The foam storage module shown below is configured to receive and store the fiber optic connectors of the fiber optic pigtails, is separate from the splitter housing, and does not include connecting structure for optically coupling together two fiber optic connectors. 82. Upon information and belief, Clearfield knew about or was willfully blind to the existence of the 206 patent prior to service off this Complaint. At least as of service of this Complaint, Clearfield has knowledge of the 206 patent. 83. Clearfield s infringement of the 206 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 206 patent 29

30 CASE 0:17-cv Document 1 Filed 01/31/17 Page 30 of 77 and/or was willfully blind to its existence, particularly given the prior employment history and knowledge of Clearfield s employees CommScope has satisfied the notice or marking provisions of 35 U.S.C. 85. CommScope has been damaged by Clearfield s infringement of the 206 patent and will continue to be damaged in the future unless Clearfield is enjoined from infringing the 206 patent. Count 6 Claim for Patent Infringement of U.S. Patent No. 7,809, The allegations of paragraphs 1-85 are re-alleged as if fully set forth herein. 87. CommScope Technologies LLC is the owner of United States Patent No. 7,809,234 ( 234 patent), which issued on October 5, 2010, a copy of which is attached as Exhibit R. 88. Clearfield has manufactured, used, sold, offered for sale, and/or imported telecommunications connection cabinets that infringe, literally and under the doctrine of equivalents, the 234 patent. Clearfield s telecommunications connection cabinets that infringe the 234 patent include, without limitation, the PON Cabinets. By its activities 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 30

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

32 CASE 0:17-cv Document 1 Filed 01/31/17 Page 32 of 77 one multi-connector connector holder at the connector storage location as recited in claim 8 of the 234 patent. Exhibit A at pages 7, 9, 11 and 13 shows a connector storage location which includes a multi-connector connectorr holder, identified by number 6 as a Parking block, positioned within the interior of thee enclosure and being spaced from the fiber connectionn locations, identified by numberss 2 and 3, and from the splitter module mounting location, identified by number 5. The storage location of the PON cabinets, shown for example in the pictures below, includes at least one opening in a panel for removably mounting the multi-connector connector holder. The photographh on the left shows the panel with an opening for mounting the multi-connector connector holder, and the photograph on the right shows the multi-connector connector holder mounted using the opening in the panel. See, e.g.., Ex. A at pp. 7, 9, 11 and 13; seee 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. ). 32

33 CASE 0:17-cv Document 1 Filed 01/31/17 Page 33 of 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. 33

34 CASE 0:17-cv Document 1 Filed 01/31/17 Page 34 of 77 Curved cable management surfaces See, e.g.., Ex. A at p. 7; see also, e.g., Ex. A at pp. 9, 11 and Upon information and belief, Clearfield knew about or was willfully blind to the existence of the 234 patent prior to service off this Complaint. At least as of service of this Complaint, Clearfield has knowledge of the 234 patent. 95. Clearfield also indirectly nfringes the 234 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 Clearview Blue or Classic cassettes installed therein directly infringe at least some claims, including without limitation claim 8, of the 234 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 off adapters, and that the fiber 34

35 CASE 0:17-cv Document 1 Filed 01/31/17 Page 35 of 77 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). 96. Clearfield s products include features that are not staple articles of 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. 97. Clearfield has actively induced others, including its customers, to infringe 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 35

36 CASE 0:17-cv Document 1 Filed 01/31/17 Page 36 of 77 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. 98. Clearfield s infringement of the 234 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 234 patent and/or was willfully blind to its existence, particularly given the prior employment history and knowledge of Clearfield s employees CommScope has satisfied the notice or marking provisions of 35 U.S.C CommScope has been damaged by Clearfield s infringement of the 234 patent and will continue to be damaged in the future unless Clearfield is enjoined from infringing the 234 patent. herein. Count 7 Claim for Patent Infringement of U.S. Patent No. 7,816, The allegations of paragraphs are re-alleged as if fully set forth 36

37 CASE 0:17-cv Document 1 Filed 01/31/17 Page 37 of CommScope Technologies LLC is the owner of United States Patent No. 7,816,602 ( 602 patent), which issued on October 19, 2010, a copy of which is attached as Exhibit S Clearfield has manufactured, used, sold, offered for sale, and/or imported telecommunications connection cabinets that infringe, literally and under the doctrine of equivalents, the 602 patent. Clearfield s telecommunications connection cabinets that 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 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 offwhite 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 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 37

38 CASE 0:17-cv Document 1 Filed 01/31/17 Page 38 of 77 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 ( loadedd with SC/UPC adapters ); Ex. D. at p. 2 ( loaded with SC/UPC adapters ) Each of the PON Cabinets having the Ground Locate Box option has a secondary compartment that can be accessed from ann exterior of the cabinet without accessing the primary compartment as recited in claim 11 of the 602 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.., Ex. A at pp ( Optional Ground Boxx Located on top side of cabinet ) Each of the PON Cabinets having the Ground Locate Box option has a grounding interfacee accessiblee from within the secondary compartment; wherein the grounding interfacee comprisess a bus plate and a plurality of posts protruding from the bus plate, the posts being electrically connected to the bus plate, as recited in claim 11 of the 38

39 CASE 0:17-cv Document 1 Filed 01/31/17 Page 39 of patent. An exemplary grounding interface that is accessible from within the Ground Locate Box is shown in Exhibit A and below. Id. The grounding interfacee shown in Exhibit A and below includes a bus plate and a plurality of posts protruding from the bus plate, and the posts are electrically connected to the bus plate. Id Upon information and belief, Clearfield has, for each of the PON Cabinets having the Ground Locate Box option, electrically connected the bus plate to ground, thus satisfying the limitation the bus plate being electrically connected to ground. See, e.g., Ex. A at p. 58 ( 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. ) Upon information and belief, Clearfield knew about or was willfully blind to the existence of the 602 patent prior to service off this Complaint. At least as of service of this Complaint, Clearfield has knowledge of the 602 patent. 39

40 CASE 0:17-cv Document 1 Filed 01/31/17 Page 40 of 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 ( 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. ) Clearfield s products include features that are not staple articles of commerce suitable for substantial noninfringing uses. For example, there is no 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 40

41 CASE 0:17-cv Document 1 Filed 01/31/17 Page 41 of 77 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 Clearfield has actively induced others, including its customers, to infringe 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 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 Clearfield s infringement of the 602 patent has been and is willful. There is no substantial defense in this case and the likelihood of infringement is readily 41

42 CASE 0:17-cv Document 1 Filed 01/31/17 Page 42 of 77 apparent. Upon information and belief, Clearfield has known about the 602 patent and/or was willfully blind to its existence, particularly given the prior employment history and knowledge of Clearfield s employees CommScope has satisfied the notice or marking provisions of 35 U.S.C CommScope has been damaged by Clearfield s infringement of the 602 patent and will continue to be damaged in the future unless Clearfield is enjoined from infringing the 602 patent. herein. Count 8 Claim for Patent Infringement of U.S. Patent No. 8,263, The allegations of paragraphs are re-alleged as if fully set forth 117. CommScope Technologies LLC is the owner of United States Patent No. 8,263,861 ( 861 patent), which issued on September 11, 2012, a copy of which is attached as Exhibit T Clearfield has manufactured, used, sold, offered for sale, and/or imported telecommunications connection cabinets that infringe, literally and under the doctrine of equivalents, the 861 patent. Clearfield s telecommunications connection cabinets that 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 42

43 CASE 0:17-cv Document 1 Filed 01/31/17 Page 43 of 77 Box option Clearfield has infringed and continues to infringe claim 11 and other claims of the 861 patent 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 861 patent. The cabinet can be seen, for example, in Exhibit A at pp. 7, 9, 11 and 13 as the outer offwhite 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 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 ) Each of the PON Cabinets having the Ground Locate Box option has a 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. 43

44 CASE 0:17-cv Document 1 Filed 01/31/17 Page 44 of 77 See, e.g.., Ex. A at pp ( Optional Ground Boxx Located on top side of cabinet ) Each of the PON Cabinets having the Ground Locate Box option has a cable grounding interface accessible from within thee secondary compartment, wherein cables routed inside the primary compartment have shields electrically connected to the grounding interface, and wherein by accessing the cable grounding interface at the secondary compartment the cables shields can be electrically disconnected from ground without entering the primary compartmen nt, as recited in claim 11 of the 861 patent. An exemplary grounding interfacee that is accessible from within the Ground Locate Box is shown in Exhibit A and below. Id. 44

45 CASE 0:17-cv Document 1 Filed 01/31/17 Page 45 of 77 Exhibit A at page further shows cables routedd inside the primary compartment having shields to be electrically connected to the grounding interface of the Ground Locate Box, and that by accessing the cable grounding interfacee at the Ground Locate Box the cables shields can be electrically disconnected from ground without entering the primary compartment. For example, the photograph hs below from page 58 of Exhibit A show a cable having a shield to be electrically connected to the grounding interface via a locate wire. 45

46 CASE 0:17-cv Document 1 Filed 01/31/17 Page 46 of 77 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. ) Upon information and belief, Clearfield knew about or was willfully blind to the existence of the 861 patent prior to service of this Complaint. At least as of service of this Complaint, Clearfield had knowledge of the 861 patent Clearfield also indirectly infringes the 861 patent, including, for example, 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. 46

47 CASE 0:17-cv Document 1 Filed 01/31/17 Page 47 of 77 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. ) Clearfield s products include features that are not staple articles of commerce suitable for substantial noninfringing uses. For example, there is no 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 Clearfield has actively induced others, including its customers, to infringe 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 47

48 CASE 0:17-cv Document 1 Filed 01/31/17 Page 48 of 77 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 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 Clearfield s infringement of the 861 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 861 patent and/or was willfully blind to its existence, particularly given the prior employment history and knowledge of Clearfield s employees CommScope has satisfied the notice or marking provisions of 35 U.S.C CommScope has been damaged by Clearfield s infringement of the 861 patent and will continue to be damaged in the future unless Clearfield is enjoined from infringing the 861 patent. 48

49 CASE 0:17-cv Document 1 Filed 01/31/17 Page 49 of 77 Count 9 Claim for Patent Infringement of U.S. Patent No. 9,122, The allegations of paragraphs are re-alleged as if fully set forth herein CommScope Technologies LLC is the owner of United States Patent No. 9,122,021 ( 021 patent), whichh issued on Septemberr 1, 2015, a copy of which is attached as Exhibit U Clearfield has manufactured d, used, sold, offered for sale, and/or imported telecommunication connectors that infringe, literallyy and underr the doctrine of equivalents, the 021 patent. Clearfield s telecommunication connectors that infringe the 021 patent include, without limitation, the FieldShield Hardened Connector. By its activities related to making, using, selling, offering for sale, and/or importing in or into the United States the FieldShield Hardened Connector Clearfield has infringed and continues to infringe claim 1 and other claims of thee 021 patent The FieldShield Hardenedd Connector has a cable seal adapted to sealingly engage the cable when compressed radially as recited in claim 1 of the 021 patent. The claimed cable seal can be seen, for example, in the picture below: Seal 49

50 CASE 0:17-cv Document 1 Filed 01/31/17 Page 50 of The FieldShield Hardenedd Connector has an inner body extending along a length between a forward end and a rearward end, the forward end defining a connector volume adapted to receive the fiber optic connector, the rearward end being open to enable the cable to extend therethrough, the inner body including a clamping section at the rearward end, the clamping section having rearwardly extending tongues adapted to be compressed radially, the cable seal being disposedd within the clamping section, and the cable seal radially spacing an entire length of each rearwardly extending tongue from the cable even when the rearwardly extending tongues and the cable seal are compressed radially as recited in claim 1 of the 021 patent. The claimed inner body and clamping section can be seen, for example, in the picture below: Inner body Clamping section See also, e.g., Ex. F at 1 ( The inner housing and two-grommett system provide the weather tight seal and lock the connectionn into the SmarTerminal with a bayonet push- and-twist locking mechanism. ) The FieldShield Hardenedd Connector has an outer body adapted to slide forwardly over the inner body to a secured position, the outer body extending over a majority of the length of the inner body when in the secured position, the outer body 50

51 CASE 0:17-cv Document 1 Filed 01/31/17 Page 51 of 77 including at least one bayonet-type position, the outer body being provided with a wall tapering inwardly as the wall extends rearwardly, the wall being configured to radially inwardly compress the clamping section around the cable seall when the outer body is disposedd in locking element that is adapted to axially secure the outer body in the secured the secured position as recited in claim 1 of the 021 patent. The claimed outer body can be seen, for example, in the pictures below: Outer body Outer body See also, e.g., Ex. F at 1 ( The inner housing and two-grommett system provide the weather tight seal and lock the connectionn into the SmarTerminal with a bayonet push- and-twist locking mechanism. The outer collar sealss and locks the FieldShield cable providing the pull strength required for any outside plant environment. ) At least as of service of this Complaint, Clearfield has knowledge of the 021 patent. 51

52 CASE 0:17-cv Document 1 Filed 01/31/17 Page 52 of CommScope has satisfied the notice or marking provisions of 35 U.S.C CommScope has been damaged by Clearfield s infringement of the 021 patent and will continue to be damaged in the future unless Clearfield is enjoined from infringing the 021 patent. herein. Count 10 Claim for Patent Infringement of U.S. Patent No. 8,705, The allegations of paragraphs are re-alleged as if fully set forth 140. CommScope Technologies LLC is the owner of United States Patent No. 8,705,929 ( 929 patent), which issued on April 22, 2014, a copy of which is attached as Exhibit V Clearfield has manufactured, used, sold, offered for sale, and/or imported 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 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: 52

53 CASE 0:17-cv Document 1 Filed 01/31/17 Page 53 of 77 Housing 143. The FieldShield Deploy Reel and Box has a cable storage spool positioned within the interior of the housing, whereinn the cable storage spool rotates about an axis relative to the housing to allow the first portion off the fiber optic cable to be paid out from the interior of the housing as recited in claim 1 of the 929 patent. The claimed cable storage spool can be seen, for example, in Exhibit G and in the picture below: Cable storage spool 53

54 CASE 0:17-cv Document 1 Filed 01/31/17 Page 54 of 77 The cable storage spool is positioned within the interior of the housing, and the cable storage spool rotates about an axis relative to the housing to allow the first portion of the fiber optic cable to be paid out from the interior of the housing.. See also, e.g., Ex. G at 1 ( the 4.5 FieldShield StrongFiber Deploy Reel... can be mounted at the destinationn site and the desired length is simply pulled from the wheel to the access point. ) The FieldShield Deploy Reel and Box has a fiber optic cable wound around the cable storage spool, the fiber optic cable having a first end and a second end as recited in claim 1 of the 929 patent. The claimedd fiber optic cable can be seen, for example, in Exhibit G and in the picture below: First end of fiber optic cable Second end of fiber optic cable Fiber optic cable 145. The FieldShield Deploy Reel and Box has a fiber optic adapter mounted on the cable storage spool, the fiber optic adapter receiving the first end of the fiber optic cable, the fiber optic adapter being carried with the cable storage spool as the cable storage spool is rotated about the axis to allow the second end of the fiber optic cable to be paid out from the interior of the housing, the fiberr optic adapter being configured to 54

55 CASE 0:17-cv Document 1 Filed 01/31/17 Page 55 of 77 couple the first end of the fiber optic cable to a connectorized end of a subscriber optical fiber while the adapter is mounted on the cable storage spool as recited in claim 1 of the 929 patent. The fiber optic adapter mounted on thee cable storage spool can be seen, for example, in Exhibit G and in the picture below: Fiber optic adapter The fiber optic adapter receives the first end of the fiber optic cable, and the fiber optic adapter is carried with the cable storage spool as the cable storage spool is rotated about the axis to allow the second end of the fiber optic cable to be paid out from the interior of the housing. See also, e.g., Ex. G at 1 ( the 4.5 FieldShield StrongFiber Deploy Reel... can be mounted at the destination site and the desired length is simply pulled from the wheel to the access point. ). The fiber optic adapterr is configured to couple the first end of the fiber optic cable to a connectorized end of a subscriber optical fiber while the adapter is mounted on the cable storage spool. See also, e.g., id. ( The terminated end on 55

56 CASE 0:17-cv Document 1 Filed 01/31/17 Page 56 of 77 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. ) Upon information and belief, Clearfield knew about or was willfully blind to the existence of the 929 patent prior to service of this Complaint. At least as of service of this Complaint, Clearfield has knowledge of the 929 patent Clearfield also indirectly infringes the 929 patent, including, for example, 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 FDPxWB1 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) Clearfield s products include features that are not staple articles of 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

57 CASE 0:17-cv Document 1 Filed 01/31/17 Page 57 of Clearfield has actively induced others, including its customers, to infringe claims of the 929 patent, including but not limited to claim 1. For example, Clearfield supplies product literature for its FieldShield Deploy Reel and Box, an example of which is attached as Exhibit G, that instructs and encourages its customerss and users of its FieldShield StrongFiber Deploy Reel and FieldShield StrongFiber Deploy Reel Wall Box to install and use the deploy reel inside thee wall box in a manner that results in direct nfringement of the 9299 patent. For example,, shown below is a picture from Clearfield s literature instructing and encouraging a user to install the FieldShield StrongFiber Deploy Reel inside the FieldShield StrongFiber Deploy Reel Wall Box. Ex. G at p. 2. There is no other substantial use for the reel mounting structure in the FieldShield StrongFiber Deploy Reel Wall Box. As set out above, Clearfield has knowledge of the 929 patent and gives instructions and encouragement to its customers to assemble the FieldShield StrongFiber Deploy Reel and FieldShield StrongFiber 57

58 CASE 0:17-cv Document 1 Filed 01/31/17 Page 58 of 77 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 Clearfield s infringement of the 929 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 929 patent and/or was willfully blind to its existence, particularly given the prior employment history and knowledge of Clearfield s employees CommScope has satisfied the notice or marking provisions of 35 U.S.C CommScope has been damaged by Clearfield s infringement of the 929 patent and will continue to be damaged in the future unless Clearfield is enjoined from infringing the 929 patent. herein. Count 11 Claim for Patent Infringement of U.S. Patent No. 8,938, The allegations of paragraphs are re-alleged as if fully set forth 154. CommScope Technologies LLC is the owner of United States Patent No. 8,938,147 ( 147 patent), which issued on January 20, 2015, a copy of which is attached as Exhibit W Clearfield has manufactured, used, sold, offered for sale, and/or imported telecommunication panels that infringe, literally and under the doctrine of equivalents, the 147 patent. Clearfield s telecommunication panels that infringe the 147 patent 58

59 CASE 0:17-cv Document 1 Filed 01/31/17 Page 59 of 77 include, without limitation, the SmartRoute Panel. By its activities related to making, using, selling, offering for sale, and/or importing in or into the United States the SmartRoute Panel Clearfield has infringed and continues to infringe claim 1 and other claims of the 147 patent The SmartRoute Panel has a housing adapted forr connection to a telecommunications rack, the housing including a housing body defining a crossdirection dimension, a height and a depth, the cross-dimensionn being measured in a perpendicular relative to the height and the depth, the housing also including flanges for fastening the housing body to the telecommunications rack, the flanges being separated from one another by the cross-dimension of the housing body, the housing body including front and back ends separated by the depthh of the housing body as recited in claim 1 of the 147 patent. The claimed housing andd flanges can be seen, for example, in Exhibit H and in the picture below: Housing Flanges 59

60 CASE 0:17-cv Document 1 Filed 01/31/17 Page 60 of The SmartRoute Panel has a tray that t mounts to the housing body, the tray being slidably movable relative to the housing body,, the tray carrying at least one fiber optic adapter as recited in claim 1 of the 147 patent. Upon information and belief, the SmartRoute Panel has a tray that is mounted to the housing body and the tray is slidably movable relative to the housing body. See e.g., Ex. H, p. 2 ( Drawer slides 8.1 for ultimate access ). The front of the tray carrying at least one fiber optic adapter can be seen in Exhibit H and in the picture below: Front of tray Fiber optic adapter 158. The SmartRoute Panel has a first spool mounted to the tray, the first spool being rotatable relative to the tray about an axis of rotation, the first spool including first and second flanges that are spaced apart along the axis of rotation, the first spool also including a core aligned along the axis of rotation and positioned between the first and second flanges of the first spool; and a fiber optic cable spooled about the core, wherein the first spool rotates about the axis of rotation relative to the tray when the fiber optic 60

61 CASE 0:17-cv Document 1 Filed 01/31/17 Page 61 of 77 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 ). 147 patent At least as of service of this Complaint, Clearfield has knowledge of the 160. CommScope has satisfied the notice or marking provisions of 35 U.S.C CommScope has been damaged by Clearfield s infringement of the 147 patent and will continue to be damaged in the future unless Clearfield is enjoined from infringing the 147 patent. herein. Count 12 Claim for Patent Infringement of U.S. Patent No. RE 42, The allegations of paragraphs are re-alleged as if fully set forth 163. CommScope Technologies LLC is the owner of United States Patent No. RE 42,258 ( 258 patent), which issued on March 29, 2011, a copy of which is attached as Exhibit X. 61

62 CASE 0:17-cv Document 1 Filed 01/31/17 Page 62 of Clearfield has manufactured d, used, sold, offered for sale, and/or imported telecommunication terminals that infringe, literally and under the doctrine of equivalents, the 258 patent. Clearfield s telecommunication terminals that infringe the 258 patent include, without limitation, the FieldShield MultiPort SmarTerminal. Specifically, at the least the FieldShield SmarTerminal having the Optical Components-Splitter configuration (referred to herein as FieldShield SmarTerminal Optical Components) infringes the 258 patent. By its activities related to making, using, selling, offering for sale, and/or importing in or into the United States thee FieldShield SmarTerminal Optical Component ts Clearfield has infringed and continues to infringe claim 30 and other claims of the 258 patent The FieldShield SmarTerminal Optical Components has a housing defining an interior as recited in claim 30 of the 258 patent. As shown in Exhibit I and below, the housing includes a base and a cover that define an interior: Base Cover 62

63 CASE 0:17-cv Document 1 Filed 01/31/17 Page 63 of The FieldShield SmarTerminal Optical Components has an outside plant cable secured to the housing at a securement location, the outside plant cable extending away from the interior of the housing at the securement location in a first direction, the outside plant cable including an optical fiber as recited in claim 30 of the 258 patent. The outside plant cable can be seen in Exhibit I and in the picture below: Outside plant cable extending away in a first direction The outside plant cable is secured to the housing at a securement location (the central port on the base of the housing) and includes an optical fiber. The outside plant cable extends in a direction substantially perpendicular to the base off the housing The FieldShield SmarTerminal Optical Components has a plurality of adapters mounted to the housing, the adapters each including a first end and a second end, the first ends of the adapters receiving first fiber optic connectors from inside the interior of the housing, and the second ends of the adapters forming connection locations configured to receive second fiber optic connectors from outside the housing, the second ends of the adapters at least partially facing toward the first direction in which the outside 63

64 CASE 0:17-cv Document 1 Filed 01/31/17 Page 64 of 77 plant cable extends at the securement location as recited in claim 30 of the 258 patent. The adapters can be seen in Exhibit I and in the picture below: Adapters facing toward the direction of the outside plant cable The adapters each include a first end and a second end. The first ends of the adapters receive first fiber optic connectors from inside the interior of the housing, and the second ends of the adapters are configured to receive secondd fiber optic connectors from outside the housing. As seen in the picture above, the second ends of the adapters are at least partially facing toward the direction in which the outside plant cable extends at the securement location The FieldShield SmarTerminal Optical Components has interior optical fibers optically coupled to the optical fiber of the outside plant cable by a splitter, the interior optical fibers being linked to the first fiber optic connectors received within the first ends of the adapters as recited in claim 30 of the 258 patent. The splitter and interior optical fibers can be seen in Exhibit I and in the picture below: 64

65 CASE 0:17-cv Document 1 Filed 01/31/17 Page 65 of 77 Splitter Interiorr optical fibers The interior optical fibers are optically coupled to the optical fiber of the outside plant cable by the splitter. The interior optical fibers are linked to the first fiber optic connectors received within the first ends of the adapters Upon information and belief, Clearfield knew about or was willfully blind to the existence of the 258 patent prior to service off this Complaint. At least as of service of this Complaint, Clearfield has knowledge of the 258 patent Clearfield also indirectly nfringes the 258 patent, including, for example, and without limitation, claim 30 under 35 U.S.C. 271(b) and (c). Customers that connect and secure an outside plant cable to the FieldShield SmarTerminal Optical Components housing at a securement location directly infringe at least some claims, including without limitation claim 30, of the 258 patent. Upon information and belief, Clearfield knows its products are especially made orr especially adapted for use in an infringement. Clearfield knows its FieldShield SmarTerminal Optical Components 65

66 CASE 0:17-cv Document 1 Filed 01/31/17 Page 66 of 77 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.... ) Clearfield s products include features that are not staple articles of commerce suitable for substantial noninfringing uses. Upon information and belief, there 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 Clearfield has actively induced others, including its customers, to infringe claims of the 258 patent, including but not limited to claim 30. For example, Clearfield 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. 66

67 CASE 0:17-cv Document 1 Filed 01/31/17 Page 67 of 77 Ex. I at p. 1. Theree is no other substantial use for thee FieldShield SmarTerminal Optical Component ts. As set out above, Clearfield has knowledge of the 258 patent and gives instructions and encouragement to its customers to assemble the FieldShield SmarTerminal Optical Components with an outside plant cable with the specific intent, knowledge or willful blindness to the fact that doingg so would constitute direct infringement of the 258 patent Clearfield s infringement of the 258 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 258 patent and/or was willfully blind to its existence, particularly given the prior employment history and knowledge of Clearfield s employees CommScope has satisfied the notice orr marking provisions of 35 U.S.C

68 CASE 0:17-cv Document 1 Filed 01/31/17 Page 68 of CommScope has been damaged by Clearfield s infringement of the 258 patent and will continue to be damaged in the future unless Clearfield is enjoined from infringing the 258 patent. herein. Count 13 Claim for Patent Infringement of U.S. Patent No. 7,397, The allegations of paragraphs are re-alleged as if fully set forth 177. CommScope Technologies LLC is the owner of United States Patent No. 7,397,997 ( 997 patent), which issued on July 8, 2008, a copy of which is attached as Exhibit Y Clearfield has manufactured, used, sold, offered for sale, and/or imported 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 The FieldShield SmarTerminal Patch and Splice and the FieldShield SmarTerminal Patch Only have a fiber optic cable; an enclosure defining an interior 68

69 CASE 0:17-cv Document 1 Filed 01/31/17 Page 69 of 77 volume, the enclosure including a first end and an opposite second end, the first end of the enclosure defining an opening throughh which thee fiber optic cable enters the interior volume of the enclosure, the fiber optic cable extending away from the first end of the enclosure in a first direction as recited in claim 1 off the 997 patent. As shown in Exhibit J and below, the enclosure on these productss includes a base and a cover that define an interior volume: Base Cover See also, e.g., Ex. K at p As shown below, the enclosure includes a first end and an opposite second end, and the first end of the enclosure has an opening through whichh a fiber optic cable enters the interior volume of the enclosure. Further as shown in Exhibits J-K and below, the fiber optic cable extends away from the firstt end of the enclosure in a first direction substantially perpendicular to the basee of the housing. 69

70 CASE 0:17-cv Document 1 Filed 01/31/17 Page 70 of 77 Second End First End Fiber optic cable enters enclosure and extends away from first end in a first direction Ex. L at p. 6 ( The FieldShieldd Multiportt SmarTerminal is configured with a factory terminated Field Shield Optical Cable, from two to eight fibers,, for the feeder configuration that can be pushed or pulled.... ) The FieldShield SmarTerminal Patchh and Splice and the FieldShield SmarTerminal Patch Only have the fiber optic cable including a plurality of optical fibers, the optical fibers separated from one another within the interior volume of the enclosure, the optical fibers terminated by interior fiber optic connectors that are located within the interior volume of the enclosure as recited in claim 1 of the 997 patent. The fiber optic cable includes a plurality of optical fibers, as shown below. Further, as shown in Exhibit J and below, the optical fibers are separated from one another within the interior volume of the enclosure and are terminated by interior fiber optic connectors that are located within the interior volume of the enclosure. 70

71 CASE 0:17-cv Document 1 Filed 01/31/17 Page 71 of 77 Interior fiber optic connectors Plurality of optical fibers See also, e.g., Ex. K at pp. 1-2; Ex. L at pp. 6, The FieldShield SmarTerminal Patchh and Splice and the FieldShield SmarTerminal Patch Only have the enclosure defining a first drop cable connection region at which the enclosure defines a first group off at least three openings, the openings of the first group of openings being positioned generally along a first curve; and at least three fiber optic adapters mounted at the openings off the first group of openings, each of the fiber optic adapters including a first end accessible from within the interior volume of the enclosure and a second end accessiblee from outside the enclosure, the interior connectors of the optical fibers being received withinn the first ends of the fiber optic adapters, the second ends of the fiber optic adapters being adapted to receive connectorized ends of exteriorr drop cables, and the second ends of the fiber optic adapters facing generally in the first direction as recited in claim 1 of the 997 patent. As shown below, the enclosure has a first drop cablee connectionn region at which the enclosure defines a first group of at least three openings positioned generally along a first 71

72 CASE 0:17-cv Document 1 Filed 01/31/17 Page 72 of 77 curve. As shown in Exhibits J-K and below, the three openings have fiber optic adapters mounted at the openings: First group of three openings having adapters mounted therein Three openings positioned generally along a first curve As shown in Exhibit J and in the pictures below, each of the fiber optic adapters includes a first end accessible from within the interior volumee of the enclosure and a second end accessible from outside the enclosure. Further as shown in Exhibit J and in the pictures below, the interior connectors of the optical fibers are received within the first ends of the fiber optic adapters. First end of adapters where interior connectors received 72

73 CASE 0:17-cv Document 1 Filed 01/31/17 Page 73 of 77 Second end of adapters facing generally in the first direction See also, e.g., Ex. K at pp. 1-2; Ex. L at pp. 6, As seen above, the second ends of the fiber optic adapters are adapted to receive connectorized ends of exterior drop cables, and the second ends of the fiber optic adapters face generally in the direction of the cable that enters the central input port Upon information and belief, Clearfield knew about or was willfully blind to the existence of the 997 patent prior to service off this Complaint. At least as of service of this Complaint, Clearfield has knowledge of the 997 patent Clearfield also indirectly nfringes the 997 patent, including, for example, and without limitation, claim 1 under 35 U.S.C. 271(b) and (c). Customers that connect a fiber optic cable to the FieldShield SmarTerminal Patch and Splice at the feeder port directly infringe at least some claims, including without limitation claim 1, of the 997 patent. Upon information and belief, Clearfield knows its products are especially made or especially adapted for use in an infringement. Clearfield knows its FieldShield SmarTerminal Patch and Splice central feeder port iss made to accommodate a fiber optic cable with fibers that enter through the port into the interior volume of the housing. Ex. 73

74 CASE 0:17-cv Document 1 Filed 01/31/17 Page 74 of 77 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... ) Clearfield s products include features that are not staple articles of commerce suitable for substantial noninfringing uses. Upon information and belief, there 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 Clearfield has actively induced others, including its customers, to infringe claims of the 997 patent, including but not limited to claim 1. For example, Clearfield 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. 74

75 CASE 0:17-cv Document 1 Filed 01/31/17 Page 75 of 77 Ex. J at p. 1. Theree is no other substantial use for thee FieldShield SmarTerminal Patch and Splice. As set out above, Clearfield has knowledge of the 997 patentt and gives instructions and encouragement to its customers to assemble the FieldShield SmarTerminal Patch and Splice with a fiber optic cable at the feeder port with the specific intent, knowledge or willful blindness to thee fact that doing so would constitute direct nfringement of the 997 patent Clearfield s infringement of the 997 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 997 patent and/or was willfully blind to its existence, particularly given the prior employment history and knowledge of Clearfield s employees CommScope has satisfied the notice orr marking provisions of 35 U.S.C CommScope has been damaged by Clearfield s nfringement of the 997 patent and will continue to be damaged in the future unless Clearfield is enjoined from infringing the 997 patent. 75