On September 9, 2015, ALJ Dee Lord issued the public version of Order No. 9 (dated August 21, 2015) in Certain Coaxial Cable Connectors and Components Thereof and Products Containing Same (Inv. No. 337-TA-938).
By way of background, this investigation is based on a November 5, 2014 complaint filed by PPC Broadband, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain coaxial cable connectors, components thereof or products containing same that infringe one or more claims of U.S. Patent No. 8,801,448. See our November 7, 2014 and December 5, 2014 posts for more details on the complaint and Notice of Investigation, respectively.
According to the Order, Respondent Corning Optical Communications RF, LLC ("Corning") filed a motion for partial summary determination of non-infringement as to certain coaxial cable connectors using a new design. Specifically, Corning requested summary determination that the new "C3" designed connectors do not infringe U.S. Patent No. 8,801,448 (the '488 patent). Corning identified the C3 design connectors during discovery and additionally produced drawings and samples of the C3 design connectors. Corning further produced a non-infringement expert report that opined that the C3 designs do not infringe any claim of the '488 patent.
In opposition, Complainant PPC Broadband, Inc. ("PPC") argued that genuine issues of material fact remain as to whether the additional C3 designs correspond to products that actually exist and are ripe for adjudication. The Order notes that PPC did not accuse any of the new C3 designs of infringement during discovery or in its infringement expert report.
ALJ Lord held that none of the C3 designs infringe the '448 patent. Specifically, ALJ Lord noted that Corning has produced evidence of non-infringement for the C3 designs while PPC produced no evidence of infringement. However, ALJ Lord determined that Corning failed to show importation for any of the C3 designs other than the GF-URS-6 (NS-11788-1 Rev. A). Therefore, ALJ Lord held that the issue of importation must be addressed at the hearing for all of the new C3 designs other than the GF -URS-6 (NS-11788-1 Rev. A). Accordingly, ALJ Lord granted-in-part Corning's partial motion for summary determination.