Litigation
Untitled case
Litigation is ongoing1:22-cv-00783
Patents at issue (1)
Summary
A district court case in the Delaware District Court involving US Patent 9991030, which is currently ongoing.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
The patent infringement lawsuit 1:22-cv-00783, filed in the District of Delaware, involves plaintiff Belden Technologies, Inc., a subsidiary of Belden Inc., a global leader in signal transmission solutions and structured cabling systems, and defendant CommScope, Inc., a major network infrastructure company that provides Category 6A cabling solutions. Belden Technologies, Inc. is an operating company with a substantial intellectual property portfolio, while CommScope is also an operating company in the same industry. The litigation centers on allegations that CommScope's Category 6A cable products, specifically models such as 2091SD, 2091SDB, 1071E, 2071E, and 2088B, infringe U.S. Patent 9,991,030. While the specific technical sketch for the '030 patent was not immediately detailed in the search results, it is asserted in the context of Category 6A cabling.
The case is currently in the District of Delaware, a venue frequently chosen for patent litigation, particularly after the TC Heartland decision, due to its experienced patent bench and efficient case management, which can lead to tight deadlines for contentions and expert disclosures. U.S. District Judge Richard G. Andrews is presiding over related cases and it's likely he is involved in this one as well given the administrative closure for IPR. The procedural posture is significant as the case was administratively closed on March 4, 2024, pending inter partes review (IPR) proceedings at the USPTO. This means the underlying infringement claims remain active and the case may be reopened once the IPRs are resolved.
This case is notable due to the IPR linkage, a common strategy in patent litigation where accused infringers challenge patent validity at the Patent Trial and Appeal Board (PTAB) in parallel with district court proceedings. The administrative closure signals the court's preference to await the PTAB's validity determination, which can significantly impact the district court litigation. Such cases highlight the interplay between district court and PTAB proceedings in shaping patent dispute outcomes, particularly within the competitive structured cabling industry. This type of litigation also underscores the importance of strong IP portfolios and defensive strategies like IPRs for major players in the technology sector.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
Belden Technologies, Inc. v. CommScope, Inc. (1:22-cv-00783-RGA) is a patent infringement lawsuit filed in the District of Delaware. The case involves four U.S. patents related to Category 6A cable technology: U.S. Patent Nos. 6,998,537 B2; 6,570,095 B2; 10,832,833 B2; and 9,991,030 B2.
Here's a chronological overview of the key legal developments and outcomes:
1. Filing & Initial Pleadings (2022-2023):
- Complaint Filed: Belden Inc. filed the patent infringement complaint against CommScope, Inc. on June 13, 2022. The complaint alleged infringement of the aforementioned patents by CommScope's Category 6A cable products.
- Scheduling Order & Discovery Milestones: On May 26, 2023, the court issued a scheduling order outlining discovery deadlines. This included:
- Plaintiff (Belden) to produce initial infringement contentions by September 27, 2023.
- Defendants (CommScope) to produce initial invalidity contentions by October 27, 2023, along with related invalidating references.
- Document production was to be substantially complete by June 7, 2024.
- The order also indicated that CommScope expected to file IPRs against each asserted patent in June 2023.
2. Pre-trial Motions of Substance (2024):
- Motion to Stay Pending IPR: On March 1, 2024, the District Court for the District of Delaware granted a motion to stay the case pending inter partes review (IPR) proceedings at the USPTO.
- Administrative Closure: Subsequently, on March 4, 2024, the case was administratively closed. This closure is a procedural step that pauses the district court litigation while the IPRs are being resolved, but the underlying infringement claims remain active and the case can be reopened.
3. Parallel PTAB IPR Proceedings (2023-Present):
- CommScope Technologies LLC, the defendant, filed petitions for inter partes review challenging the asserted patents at the Patent Trial and Appeal Board (PTAB).
- Specifically, IPR2023-01009 and IPR2023-01010 were filed by CommScope Technologies LLC against US Patent 9991030 and other patents in the case.
- The PTAB instituted review for some of the challenged claims, including those in U.S. Patent 11,656,422 B2, which is related to the current litigation (though the '422 patent itself is not listed as one of the patents at issue in the initial case overview, it is referenced in a PTAB document related to CommScope v. Belden Canada ULC).
- The outcome of these IPRs will significantly impact the district court litigation, as a finding of invalidity by the PTAB could lead to the cancellation of the patent claims. The case remains administratively closed pending the resolution of these IPR proceedings.
Present Posture:
The litigation is currently ongoing but stayed and administratively closed in the District of Delaware, awaiting the outcomes of the inter partes review proceedings at the USPTO. No final judgment, settlement, or appeal has been reached in the district court case.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Barclay Damon
- Thomas Hoehner · lead counsel
- Ashby & Geddes
- John G. Day · local counsel
- Young Conaway Stargatt & Taylor
- Ryan P. Newell · local counsel
The plaintiff, Belden Technologies, Inc., is represented by the following counsel in this patent infringement case:
Lead Counsel:
- Thomas Hoehner (Attorney)
- Firm: Barclay Damon LLP
- Location: Not specified in search results for this case.
- Experience: Mr. Hoehner is listed as counsel for Belden Technologies, Inc. in related Federal Circuit appeals and IPR proceedings. His firm, Barclay Damon LLP, is also identified as representing Belden Technologies, Inc..
Local Counsel (Delaware):
- John G. Day (Director)
- Firm: Ashby & Geddes, P.A. (formerly Prickett, Jones & Elliott, P.A.)
- Location: Wilmington, DE
- Experience: Mr. Day focuses on providing Delaware litigation counsel services for intellectual property firms in patent and trademark disputes before the United States District Court for the District of Delaware. He has experience in a broad variety of technologies, including telecommunications, and has served as Delaware counsel in numerous major patent cases. He is recognized as a leading Delaware litigator.
- Ryan P. Newell (Litigator, Mediator & Arbitrator)
- Firm: Young Conaway Stargatt & Taylor, LLP
- Location: Wilmington, DE
- Experience: Mr. Newell has extensive experience in corporate and commercial lawsuits before various Delaware courts, including the District of Delaware, and has represented parties as Delaware counsel in intellectual property litigation in the District of Delaware. He is regularly recognized as a leading Delaware litigator.
It is important to note that while some search results indicate an "Andrew H. Lee" as counsel, further investigation reveals multiple individuals with this name and varying practice areas, including tax law and workers' compensation, with no clear connection to patent litigation in the District of Delaware for Belden Technologies, Inc.. Therefore, Andrew H. Lee is not listed as counsel for the plaintiff in this case.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Fish & Richardson
- Jonathan E. Singer · lead counsel
- Corinne Miller Lapciuk · lead counsel
- Elizabeth M. Brannen · lead counsel
- Morris, Nichols, Arsht & Tunnell
- Jennifer Ying · local counsel
- Andrew J. Peach · local counsel
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thought
The user is asking to identify the counsel of record for the defendant, CommScope, Inc., in the case 1:22-cv-00783. I need to find the names of the attorneys, their roles, firms, office locations, and relevant patent litigation experience. I will use web search with the provided case number and party names, focusing on docket information, firm websites, and legal news sources.Here is the counsel of record representing the defendant, CommScope, Inc., in Belden Technologies, Inc. v. CommScope, Inc., Case No. 1:22-cv-00783-RGA:
Defendant's Counsel (CommScope, Inc.)
Lead Counsel:
- Name: Jonathan E. Singer
- Firm: Fish & Richardson P.C., Washington, D.C. office.
- Relevant Experience: Mr. Singer is a principal at Fish & Richardson and focuses on patent litigation, Section 337 investigations, and inter partes reviews (IPRs). He has represented clients in a range of technologies, including networking, telecommunications, and consumer electronics.
- Name: Corinne Miller Lapciuk
- Firm: Fish & Richardson P.C., Atlanta, GA office.
- Relevant Experience: Ms. Lapciuk is a principal at Fish & Richardson with experience in patent litigation, particularly in the electrical and computer technology sectors. She also handles IPR proceedings before the PTAB.
- Name: Elizabeth M. Brannen
- Firm: Fish & Richardson P.C., Washington, D.C. office.
- Relevant Experience: Ms. Brannen is a principal at Fish & Richardson, focusing on patent litigation, post-grant proceedings, and licensing. Her experience spans various technologies, including telecommunications and software.
Local Counsel:
- Name: Jennifer Ying
- Firm: Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE office.
- Relevant Experience: Ms. Ying is a partner at Morris, Nichols, Arsht & Tunnell LLP, specializing in intellectual property litigation, particularly patent and trade secret disputes in the District of Delaware.
- Name: Andrew J. Peach
- Firm: Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE office.
- Relevant Experience: Mr. Peach is an associate at Morris, Nichols, Arsht & Tunnell LLP, focusing on intellectual property litigation in the District of Delaware.