ADC Telecommunications v. Opterna AM

8/6/2019 ADC Telecommunications v. Opterna AM

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UN I TE D S T AT E S D IS TR IC T C O U R TE A S T E R N D I S T R I C T O F V I R G I N I A

ADC TELECOMMUNICATIONS, INC,Plaintiff,

v .

OPTERNA AM, INC,Defendant.

Case No. j;|levl5S^-^DJury Trial Demanded

C O M P L A I N T

This is a complaint for patent infringement. Plaintiff, ADC Telecommunications, Inc.("ADC"), for its Complaint, states as follows:

1. PlaintiffADC is a corporation organized and existing under the laws ofMinnesota and has a principal place ofbusiness at 1187 Park Place, Shakopee, MN 55379.

2. Upon information and belief, Defendant, Opterna AM, Inc. ("Defendant"), is a

Delaware corporation having a principal place of business at 44901 Falcon Place, Suite 116,Sterling, Virginia 20166. Upon information and belief, the corporation Opterna AM, Inc. wasformerly named AM Networks, Inc.

Jurisdic t ion

3. This action includes counts for patent infringement under the patent laws of theUnited States, 35 U.S.C. 271,281, 283, 284, and 285.

4. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a).


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C o u n t IClaim fo r Patent In fr ingement o f U.S. Patent No. R E 38,311

5. Paragraphs 14 are incorporated into this count by reference.6. ADC is the owner of the entire right, title, and interest in and to United States

Patent No. RE 38,311 ("the '311 patent") which duly and legally issued on November 11, 2003.7. ADC has satisfied the notice provisions of35 U.S.C. 287.8. Defendant makes and sells fiber optic distribution products, including without

limitation the MultiOpt Fiber Distribution Terminal, that are covered by the '311 patent, and

by its actions relating to such fiber optic distribution products, including at least the sale, offerfor sale, and manufacture thereof, Defendant has infringed and continues to infringe the '311patent and will continue to do so unless enjoined by this Court.

9. ADC has been damaged by Defendant's infringement of the '311 patent and willcontinue to be damaged in the future unless Defendant is enjoined from infringing the '311patent.

C o u n t I IClaim for Patent In fr ingement o f U.S. Pa ten t No . R E 41,460

10. Paragraphs 1-4 are incorporated into this count by reference.11. ADC is the owner of the entire right, title, and interest in and to United States

PatentNo. RE 41,460 ("the '460 patent") which duly and legally issued on July 27, 2010.12. ADC has satisfied the notice provisions of 35 U.S.C. 287.13. Defendant makes and sells fiber optic distribution products, including without

limitation the MultiOpt Fiber Distribution Terminal, that are covered by the '460 patent, andby its actions relating to such fiber optic distribution products, including at least the sale, offer


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for sale, and manufacture thereof, Defendant has infringed and continues to infringe the '460patent and will continue to do so unless enjoined by this Court.


C o un t I IIClaim for Patent In fr ingement o f U.S. Patent No. 7,756,379

15. Paragraphs 14 are incorporated into this count by reference.

16. ADC is the owner of the entire right, title, and interest in and to United StatesPatent No. 7,756,379 ("the '379 patent") which duly and legally issued on July 13, 2010.

17. ADC has satisfied the notice provisions of 35 U.S.C. 287.18. Defendant makes and sells fiber optic distribution products, including without

limitation the MultiOpt Fiber Distribution Terminal, that are covered by the '379 patent, andby its actions relating to such fiber optic distribution products, including at least the sale, offerfor sale, and manufacture thereof, Defendant has infringed and continues to infringe the '379patent and will continue to do so unless enjoined by this Court.


C o u n t IVClaim fo r Patent In fr ingement o f U.S. Patent No. 7,894,701

20. Paragraphs 1-4 are incorporated into this count by reference.21. ADC is the owner of the entire right, tit le, and interest in and to United States

Patent No. 7,894,701 ("the '701 patent") which duly and legally issued on February 22, 2011.


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22. ADC has satisfied the notice provisions of 35 U.S.C. 287.23. Defendant makes and sells fiber optic distribution products, includingwithout

limitation the MultiOpt Fiber Distribution Terminal, that are covered by the '701 patent, andby its actions relating to such fiber optic distribution products, including at least the sale, offerfor sale, and manufacture thereof, Defendant has infringed and continues to infringe the '701patent and will continue to do so unless enjoined by this Court.

24. ADC has been damaged by Defendant 's infringement of the '701 patent and willcontinue to be damaged in the future unless Defendant is enjoined from infringing the '701patent.

D e m a n d for Re l i e f

ADC respectfully demands the following relief:a. A judgment that Defendant has infringed the '311 patent;b. Both preliminary and permanent injunctions enjoining and restraining Defendant,

its officers, directors, agents, servants, employees, attorneys and all other acting under or throughit, directly or indirectly, from infringing the '311 patent;

c. A judgment that Defendant has infringed the '460 patent;d. Both preliminary and permanent injunctions enjoining and restraining Defendant,


e. A judgment that Defendant has infringed the '379 patent;f. Both preliminary and permanent injunctions enjoining and restraining Defendant,



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g. A judgment that Defendant has infringed the '701 patent;h. Both preliminary and permanent injunctions enjoining and restraining Defendant,

its officers, directors, agents, servants, employees, attorneys and all other acting under or throughit, directly or indirectly, from infringing the '701 patent

i. A judgment and order requiring Defendant to pay all appropriate damages under35 U.S.C. 284, including treble damages if any of the infringement is determined to be willful;

j. A judgment and order requiring Defendant to pay the costs of this action,including all disbursements and attorney fees, if this case is exceptional as provided by 35 U.S.C. 285;and

k. Such other and further rel ief that this Court may deem just and equitable.

Demand for Jury Tria lPursuant to Rule 38 of the Federal Rules ofCivil Procedure, PlaintiffADC demands a

trial by jury of all issues so triable.

ADC TELECOMMUNICATIONS, INC.


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Dabney J. Carr, IV, VSB #[email protected] A. Angle, VSB #37691robert. [email protected] SANDERS LLPP .O . Box 1122Richmond, Virginia 23218-1122(804)697-1200(804) 697-1339 (fax)Alan G. Carlson (pro hac vice to be filed)Philip P. Caspers (prohac vice to be filed)Timothy A. Lindquist (prohac vice to be filed)Samuel A. Hamer (prohac vice to be filed)CARLSON, CASPERS, VANDENBURGH & LINDQUIST, P.A.225 South Sixth Street, Suite 3200Minneapolis, MN 55402612-436-9600612-436-9605 (fax)E-mail: [email protected] ADC Telecommunications, Inc,

Documents

ADC Telecommunications v. Opterna AM