On November 4, 2014, PPC Broadband, Inc. of East Syracuse, New York ("PPC") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Corning Optical Communications RF, LLC of Glendale, Arizona ("Corning") unlawfully imports, sells for importation and/or sells within the U.S. after importation certain coaxial cable connectors, components thereof or products containing same that infringe one or more claims of U.S. Patent No. 8,801,448 ("the '448 patent").
According to the complaint, the '448 patent generally relates to coaxial cable connectors with an improved design that ensures the proper electrical mating of the connector with an interface port under all normal operating conditions, even when the connector is only loosely tightened on the port.
PPC alleges that Corning imports and sells products that infringe the claims of the '448 patent. The complaint specifically refers to the following accused products sold as Corning's Ultrashield series of coaxial cable connectors: GF-URS-59, GF-URS-59-K, GF-URS-59-SR, GF-URS-6, GF-URS-6-K and GF-URS-6-SR.
Regarding domestic industry, PPC states that its various SignalTight® connectors practice at least one claim of the '448 patent. PPC further states that it has made substantial investments in plant and equipment and engaged in a significant employment of labor and capital in the U.S. devoted to research and development, engineering, and manufacturing to support its SignalTight® products.
As to related litigation, the complaint identifies several pending district court cases involving PPC and Corning that involve patents in the same family as the '448 patent: Civil Action No. 5:12-cv-00911-GLS-DEP (N.D.N.Y.), commenced on June 5, 2012; Civil Action No. 5:13-cv01310-GLS-DEP (N.D.N.Y.), commenced on October 22, 2013; and Civil Action No. 5:14-cv-01170-GLS-DEP (N.D.N.Y.), commenced on September 24, 2014. The complaint also identifies several inter partes reexamination and inter partesreview proceedings pending before the USPTO involving many of the patents identified in connection with the pending district court cases.
With respect to potential remedy, PPC requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed to Corning and related entities.