Litigation
Belden Canada ULC v. CommScope, Inc. et al.
stayed; administratively closed1:23-cv-00810-RGA
- Filed
- 2023-07-27
Patents at issue (4)
Plaintiffs (1)
Summary
Belden Canada ULC sued the CommScope entities in the District of Delaware, asserting four patents including US 11,656,422 against CommScope Propel fiber-optic panels and modules. The case was stayed on September 4, 2024 pending related IPRs, including IPR2024-01228, and administratively closed; reopening was not confirmed.
Case overview & background
Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.
I'll research this case thoroughly before drafting the overview.
Let me dig deeper into the IPR proceedings and related litigation.
I have strong material. Let me verify the IPR outcomes and the latest status changes.
Case Overview and Background
Parties and their business. This is a straight competitor‑versus‑competitor dispute, not an NPE/PAE or university assertion. Plaintiff Belden Canada ULC is a Canadian subsidiary and real party in interest alongside its Delaware‑incorporated parent Belden Inc. (the Rule 7.1 disclosure identifies Belden Inc. as corporate parent, D.I. 4; the '423 IPR mandatory notice names "Belden Canada ULC and its parent company, Belden Inc." as RPIs). Belden is an operating company — a global manufacturer of network, connectivity and cable infrastructure, and one of the largest structured‑cabling vendors in North America alongside CommScope, Corning, Panduit and Legrand. The defendants — CommScope, Inc., CommScope, Inc. of North Carolina, and CommScope Technologies LLC — are operating entities under CommScope Holding Company, Inc. (Hickory, NC), a direct Belden competitor in fiber and copper connectivity for enterprise and data‑center networks. Consistent with that, the Stanford NPE Litigation Database classifies both the asserter here (Belden) and CommScope as category‑8 "product companies," and the campaign runs in both directions: Belden Canada sued CommScope in D. Del. on the Reede connector patent, Belden Canada ULC v. CommScope, No. 1:22‑cv‑00782‑RGA (trial set Oct. 20, 2025; final judgment entered on a joint stipulation October 14, 2025, in CommScope's favor on Count I and CommScope's first counterclaim) and on a data‑cable patent in No. 1:22‑cv‑00783‑RGA, while CommScope Technologies LLC and CommScope, Inc. of N.C. counter‑sued Belden, Opterna AM and PPC Broadband in Nos. 1:24‑cv‑00411‑RGA and 1:24‑cv‑00427‑RGA asserting FTTX and connector patents (RE48,675; RE44,758; 7,200,317; 10,078,192; 7,277,620; 7,515,805; 7,519,259; 9,266,697).
The accused technology and the patents. Belden accuses CommScope's Propel™ modular fiber connectivity system — including Propel high‑density panels (PPL‑1U/2U/4U) and Propel fiber modules and adapters — of infringing four patents, all members of a single Belden family directed to modular fiber‑optic cassettes and trays built on a shared "standard width unit" (W) pitch, so that cassettes of integer‑multiple widths (1W, 2W, 3W, 4W, 6W) can be mixed side‑by‑side on one tray without redesign (Belden's opening Markman brief; '107 Patent at 1:15‑20). The original complaint (D.I. 1, filed July 27, 2023) asserted three patents; the amended complaint (D.I. 9, Aug. 30, 2023) added a fourth. One‑line sketches: U.S. 10,795,107 — "Modular Fiber Optic Cassette, System and Method" (apparatus: case, slidable tray, variable‑width cassette set, fastener) (app. 16/143,831); U.S. 11,435,542 — same title, a continuation of the '107 with "as measured between outer side edges" limitations (app. 17/010,113); U.S. 11,656,422 — same family, a method of organizing a tray with variable‑width cassettes (app. 17/929,
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
I'll research this case thoroughly using web searches. Let me start with several parallel queries.
I have a good start, but I'm detecting multiple related litigations (22-782, 23-810, 25-870) and four IPRs. Let me disambiguate and dig deeper.
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Barclay Damon
- Douglas J. Nash · lead trial counsel
- John D. Cook · lead counsel
- Naresh K. Kannan · co-lead counsel
- Genevieve M. Halpenny · counsel
- Dhruthi Batchu · counsel
- Young Conaway Stargatt & Taylor
- Pilar G. Kraman · lead local counsel
- Robert M. Vrana · local counsel
- Jennifer P. Siew · local counsel
I'll research the counsel of record for Belden Canada ULC in this case.
I found the core team. Let me dig deeper into the local counsel and any later appearances.
Let me verify the exact 23-810 signature blocks and check for additional or later-appearing counsel.
Counsel of Record — Plaintiff Belden Canada ULC
Important framing note: Belden Canada ULC is represented by a two-firm team — Barclay Damon LLP (substantive/patent prosecution-side counsel, admitted pro hac vice) and Young Conaway Stargatt & Taylor LLP (Delaware local counsel). I could not query PACER directly; the appearance list below is reconstructed from (a) the D. Del. docket entries surfaced via Justia/UniCourt, (b) signed filings from C.A. No. 23-810 that were later submitted as exhibits in the co-pending IPRs, and (c) the 2024 signature blocks in the 23-810 joint claim construction papers. The Justia docket snapshot stops at 8/31/2023, but the same roster appears on 2024-dated 23-810 papers, so continuity is well supported.
Lead / substantive counsel (pro hac vice)
| Attorney | Role | Firm & office | Note |
|---|---|---|---|
| Douglas J. Nash | Lead trial counsel (PHV) | Barclay Damon LLP, Barclay Damon Tower, 125 East Jefferson St., Syracuse, NY | Belden's long-time outside patent counsel; lead counsel for Belden in Belden Techs. v. Superior Essex, C.A. No. 08-063-SLR (D. Del.), which produced a Belden jury verdict. Admitted PHV 8/31/2023 (D.I. 11). |
| John D. Cook | Lead/co-lead (PHV) | Barclay Damon LLP, Syracuse, NY | Same Belden portfolio team as Nash; also on the Superior Essex and Belden v. CommScope 22-782 teams. Admitted PHV 8/31/2023 (D.I. 11). |
| Naresh K. Kannan | Co-lead (PHV) | Barclay Damon LLP, 80 State Street, Albany, NY | Patent litigator on Belden's fiber-optics/cable litigation docket; likewise on the 22-782 team. Admitted PHV 8/31/2023 (D.I. 11). |
Delaware counsel (Young Conaway Stargatt & Taylor LLP, Wilmington, DE)
| Attorney | Role | D. Del. bar no. | Note |
|---|---|---|---|
| Pilar G. Kraman | Lead Delaware/local counsel | No. 5199 | YCST IP litigator; signed the summons/service filings in 23-810 and appears in both Belden–CommScope matters. She appeared at the 2010 Belden Technologies v. Superior Essex jury trial (trial transcript), so she has a long history with Belden. |
| Robert M. Vrana | Delaware counsel | No. 5666 | Filed the 23-810 pro hac vice motion (D.I. 11) and the LR 83.5(f)(2) motion (D.I. 12); appears on the 2024 joint claim construction signature block. |
| Jennifer P. Siew | Delaware counsel | No. 7114 | Co-signatory on the 23-810 joint claim construction chart (Dated June 21, 2024) and the Aug. 2024 claim construction brief. |
Additional attorney appearing on Belden's 23-810 signature blocks
| Attorney | Role | Firm & office | Note |
|---|---|---|---|
| Genevieve M. Halpenny | Counsel (admitted under D. Del. LR 83.5(f)(2), not PHV) | Barclay Damon LLP, Syracuse, NY (Del. bar no. 6738) | Motion to appear filed 8/31/2023 (D.I. 12), so ordered 8/31/2023 (D.I. 13). Her Delaware bar number and the separate (non-PHV) admission route distinguish her from the other Barclay Damon lawyers. |
| Dhruthi Batchu | Counsel | Barclay Damon LLP, 160 Federal Street, Suite 1001, Boston, MA | Listed on the 2024 signature blocks for 23-810 filings as "Attorneys for Plaintiff Belden Canada ULC." |
Two caveats you should know about
PTAB counsel ≠ district court counsel. In the four parallel IPRs (IPR2024-01218/-01227/-01228/-01382), Belden Canada ULC's lead PTAB counsel is Denis J. Sullivan (Reg. No. 47,980, Barclay Damon, Syracuse), with Thomas Hoehner (Reg. No. 73,474, Barclay Damon, Syracuse) and Cory C. Bell (Reg. No. 75,096, Finnegan, Henderson, Farabow, Garrett & Dunner, Boston) as back-up — per Belden's 37 C.F.R. § 42.8 mandatory notices filed Aug./Sept. 2024. I found no evidence these three entered an appearance in C.A. No. 23-810; the district court signature blocks name Nash, Cook, Halpenny, Kannan and Batchu instead. Do not conflate the two rosters. (Sullivan also leads Belden's PTAB team in IPR2023-01061/-01062 involving Belden Inc., where Pranav Katti, Barclay Damon, Syracuse, appeared as back-up.)
Adjacent Belden–CommScope case (22-782) has a slightly broader roster. Judge Andrews' Oct. 10, 2025 opinion caption in C.A. No. 22-782 (the Reede patent case, tried in October 2025) lists for Plaintiff: Pilar G. Kraman, Robert M. Vrana, Alexis N. Stombaugh, Jennifer P. Siew, YCST, Wilmington, DE; Douglas J. Nash, John D. Cook, Barclay Damon LLP, Syracuse, NY; Naresh K. Kannan, Barclay Damon LLP, Albany, NY; Michael A. Dorfman, Barclay Damon LLP, Washington, D.C. I confirmed Alexis N. Stombaugh and Michael A. Dorfman only in the 22-782 caption; I did not verify their appearance in 23-810.
What I could not confirm
- No in-house counsel of record identified for Belden Canada ULC in 23-810. Its Rule 7.1 disclosure identifies Belden Inc. as corporate parent, and the IPR mandatory notices name Belden Canada ULC and Belden Inc. as real parties-in-interest.
- No sealed filings or sealed appearances turned up; the case was stayed on Sept. 4, 2024 (D.I. 63) pending the four IPRs and administratively closed, so no post-stay appearances are expected.
- I found no withdrawal of any of the counsel above. Because the docket snapshot I could retrieve (Justia, last retrieved 8/31/2023) predates the stay, a final PACER/CM-ECF run should be done to confirm no substitutions occurred between August 2023 and September 2024.
Sources: D. Del. C.A. No. 23-810 D.I. 6, 9, 10, 11, 12, 13 (appearances); 23-810 Joint Claim Construction Chart (Dated June 21, 2024) and joint claim construction brief (Dated July 19, 2024), both reproduced as exhibits in the CommScope IPRs; PTAB Mandatory Notices in IPR2024-
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Richards, Layton & Finger
- Kelly E. Farnan · lead local counsel
- Sara M. Metzler · local counsel
- Carlson, Caspers, Vandenburgh & Lindquist
- Philip P. Caspers · lead counsel
- Timothy A. Lindquist · co-lead counsel
- Dennis C. Bremer · co-lead counsel
- Tara C. Norgard · of counsel
- William F. Bullard · of counsel
- Joseph W. Winkels · of counsel
- Saukshmya Trichi · of counsel
- Katherine Q. Chen · of counsel
I'll research the defense-side counsel of record for the CommScope entities in C.A. No. 23-810.
I've found the core defense team. Let me verify the appearances, pro hac vice admissions, and compare with the parallel CommScope litigation.
Let me verify the 23-810 docket entries for appearances and check for any counterclaim filings or additional counsel.
Counsel of Record — Defendants CommScope, Inc., CommScope, Inc. of North Carolina, and CommScope Technologies LLC
Framing note / sourcing caveat. I could not query PACER directly, and the publicly mirrored docket snapshots (Justia, UniCourt) stop at 8/31/2023 — before the substantive briefing. The roster below is therefore reconstructed from (a) the early docket entries that name defense filers, (b) the signature blocks and certificates of service on CommScope's August 23, 2024 Answering Claim Construction Brief in C.A. No. 23-810 (a primary-source document, reproduced as a PTAB exhibit), and (c) third-party docket aggregators (PatSnap, UniCourt, PACER Monitor). The defense structure is a standard two-tier D. Del. arrangement: Richards, Layton & Finger (Delaware counsel of record) + Carlson, Caspers, Vandenburgh & Lindquist (Minneapolis; "of counsel"/pro hac vice). While it is unusual, note that CommScope's brief lists the Carlson Caspers team under an "OF COUNSEL:" heading on the cover page while the final signature block designates both firms as "Attorneys for Defendants."
Tier 1 — Delaware counsel of record (Richards, Layton & Finger, P.A.)
Address for both: One Rodney Square, 920 North King Street, Wilmington, DE 19801, (302) 651‑7700.
| Attorney | Role | D. Del. bar no. | Note |
|---|---|---|---|
| Kelly E. Farnan | Lead Delaware/local counsel of record | #4395 | RLF director and Chambers USA Band 1 (Intellectual Property – Delaware) practitioner; the firm's go-to D. Del. patent trial lawyer. She filed the first defense-side paper in 23-810 — the Aug. 11, 2023 stipulation extending the CommScope answer deadline (D.I. 8). Longstanding CommScope counsel in Delaware (e.g., CommScope Techs. LLC v. Dali Wireless, and CommScope's D. Del. cases in 1:20-cv-01053-RGA). Also represents CommScope in the related 1:24-cv-00440, 1:24-cv-00411 and 1:24-cv-00427 matters. |
| Sara M. Metzler | Delaware counsel of record | #6509 | RLF IP litigator; filed the CommScope Rule 7.1 corporate disclosure in 23-810 on Aug. 31, 2023 (D.I. 14) — the filing that drew the court's earlier Rule 7.1(b)(1) deficiency notice. On the same CommScope–Belden teams, plus other Delaware patent dockets (e.g., Scale Biosciences v. Parse Biosciences, Ferring v. Finch). |
No other RLF attorney (e.g., Jeffrey L. Moyer or Frederick L. Cottrell III, who co-appear with Farnan/Metzler in RLF's other patent cases) is listed on the 23-810 signature blocks. Farnan and Metzler are the only two names UniCourt lists as "Defendant Attorneys," and PACER Monitor lists the same pair.
Tier 2 — Substantive / lead patent counsel, "of counsel" (Carlson, Caspers, Vandenburgh & Lindquist, P.A.)
Address for all: 225 South Sixth Street, Suite 4200 (Capella Tower), Minneapolis, MN 55402, (612) 436‑9600. This is CommScope's long-standing national patent litigation firm — the same firm that has represented CommScope Technologies LLC as petitioner in its IPR campaigns (IPR2022‑01242, IPR2023‑01056, IPR2023‑01061/‑01062) — and it has appeared for CommScope in D. Del. before Judge Andrews (CommScope Techs. LLC v. Dali Wireless, 1:20-cv-01053-RGA).
| Attorney | Role | Note |
|---|---|---|
| Philip P. Caspers (Reg. No. 33,227) | Lead/first-named defense patent counsel | Carlson Caspers founding partner; CommScope's principal outside patent litigator across multiple campaigns. Regular PTAB lead counsel for CommScope (e.g., IPR2022‑01242). Admitted PHV in 23-810. |
| Timothy A. Lindquist (Reg. No. 40,701) | Lead/co-lead | Frequently lead counsel for CommScope in its IPRs (IPR2023‑01056 lead; IPR2023‑01061/‑01062) — so he is the bridge between the stayed Delaware case and the four IPRs attacking the Belden Canada patents. Has argued before Judge Andrews in CommScope's Delaware patent cases. |
| Dennis C. Bremer (Reg. No. 40,528) | Co-lead / backup | CommScope's standard PTAB backup counsel (IPR2023‑01056, IPR2023‑01061/‑01062). Central to the CommScope claim-construction positions in 23-810. |
| Tara C. Norgard | Of counsel | Carlson Caspers partner; on CommScope's Delaware and PTAB teams (1:20-cv-01053-RGA). |
| William F. Bullard (pro hac vice) | Of counsel — signed the Aug. 23, 2024 Answering Claim Construction Brief and its certificates | Frequent CommScope PTAB backup counsel (IPR2022‑01242, IPR2023‑01056); admitted PHV in CommScope matters. |
| Joseph W. Winkels | Of counsel | Listed on the 23-810 claim-construction signature blocks. |
| Saukshmya Trichi | Of counsel | Carlson Caspers; on CommScope's Delaware/PTAB teams (1:20-cv-01053-RGA). |
| Katherine Q. Chen | Of counsel | Listed on the 23-810 claim-construction signature blocks. |
Representative caption, verbatim from the Aug. 23, 2024 brief in 23-810:
Kelly E. Farnan (#4395) / Sara M. Metzler (#6509), RICHARDS LAYTON & FINGER, P.A. … /s/ William F. Bullard — Philip P. Caspers, Timothy A. Lindquist, Dennis C. Bremer, Tara C. Norgard, Joseph W. Winkels, William F. Bullard, Saukshmya Trichi, Katherine Q. Chen, CARLSON, CASPERS, VANDENBURGH & LINDQUIST, P.A., 225 South Sixth Street, Suite 4200, Minneapolis, MN 55402 … Attorneys for Defendants, CommScope, Inc., CommScope, Inc. of North Carolina, and CommScope Technologies LLC.
Unverified / adjacent names — flagged, not adopted
- Christopher R. Johnson appears on PatSnap's role table for this dispute as "Counsel for Commscope, Inc." I could not corroborate him on any 23-810 signature block, docket appearance, or PTAB notice, and he does not appear in the RLF/Carlson Caspers rosters. Treat as unverified; he may belong to a different CommScope matter in the campaign. Do not list him as counsel of record without a PACER check.
- No in-house counsel of record identified. CommScope's Rule 7.1 disclosure (D.I. 14) was filed by outside counsel (Metzler); nothing in the retrieved record shows a CommScope legal-department attorney entering an appearance in 23-810.
- No sealed appearances or substitutions found. Because the case was stayed on Sept. 4, 2024 (D.I. 63) and administratively closed, no post-stay appearances are expected — but the retrievable docket snapshots predate the stay, so a final CM/ECF run is advisable to confirm no withdrawal or substitution between mid-2023 and the stay.
PTAB counsel ≠ district court counsel (do not conflate)
The petitioner in the four parallel IPRs on the Belden Canada patents (IPR2024‑01218 / ‑01227 / ‑01228 / ‑01382) is CommScope Technologies LLC. I did not retrieve the petitioner's § 42.8 mandatory notices in those four IPRs and therefore cannot confirm the exact PTAB-side roster. Based on CommScope's consistent practice in its other IPRs (IPR2022‑01242; IPR2023‑01056; IPR2023‑01061/‑01062), the likely PTAB team is Lindquist (lead), Bremer, Bullard, Samuel A. Hamer, Peter M. Kohlhepp, and Ryan D. Rypka — all Carlson Caspers. I am listing these as probable, not confirmed; the names above marked with Reg. Nos. or PHV status are the ones I have actually sourced. Note also that Belden's PTAB team (Sullivan/Hoehner/Bell) is entirely distinct from its district court team, per the plaintiff-side section of this report.
What I could not confirm
- The D.I. number of CommScope's answer and counterclaims in 23-810. The Answer/Affirmative Defenses/Counterclaims at D.I. 22 that I located belongs to C.A. No. 22‑782 (the Reede connector case), not 23-810 — the final-judgment order quoted by third-party aggregators (entered Oct. 14, 2025 in CommScope's favor on Count I and CommScope's First Counterclaim) is a 22‑782 order. Do not attribute it to this case.
- Whether any 23-810 pro hac vice motion was filed specifically naming the Carlson Caspers attorneys; the retrieved docket does not include those entries, though their "of counsel" designation on the 2024 brief implies PHV admission.
- The Federal Circuit appeal No. 26‑1255 (Belden Canada ULC v. CommScope, Inc.