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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

ADC TELECOMMUNICATIONS, INC,

Plaintiff,
v.

Case No.

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OPTERNA AM, INC,
Defendant.

Jury Trial Demanded

COMPLAINT

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

1.

Plaintiff ADC is a corporation organized and existing under the laws of

Minnesota and has a principal place of business 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. was
formerly named AM Networks, Inc.

Jurisdiction

3.

This action includes counts for patent infringement under the patent laws of the

United 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).

Count I

Claim for Patent Infringement of U.S. Patent No. RE 38,311

5. 6.

Paragraphs 1—4 are incorporated into this count by reference. 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. 8.

ADC has satisfied the notice provisions of 35 U.S.C. § 287. 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, offer for sale, and manufacture thereof, Defendant has infringed and continues to infringe the '311
patent 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 will

continue to be damaged in the future unless Defendant is enjoined from infringing the '311
patent.

Count II

Claim for Patent Infringement of U.S. Patent No. RE 41,460

10. 11.

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

Patent No. 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, and by its actions relating to such fiber optic distribution products, including at least the sale, offer

for sale, and manufacture thereof, Defendant has infringed and continues to infringe the '460

patent and will continue to do so unless enjoined by this Court.
14. ADC has been damaged by Defendant's infringement of the '460 patent and will

continue to be damaged in the future unless Defendant is enjoined from infringing the '460
patent.

Count III

Claim for Patent Infringement of U.S. Patent No. 7,756,379

15.

Paragraphs 1—4 are incorporated into this count by reference.

16.

ADC is the owner of the entire right, title, and interest in and to United States

Patent No. 7,756,379 ("the '379 patent") which duly and legally issued on July 13, 2010.
17. 18. ADC has satisfied the notice provisions of 35 U.S.C. § 287. Defendant makes and sells fiber optic distribution products, including without

limitation the MultiOpt™ Fiber Distribution Terminal, that are covered by the '379 patent, and

by its actions relating to such fiber optic distribution products, including at least the sale, offer
for sale, and manufacture thereof, Defendant has infringed and continues to infringe the '379

patent and will continue to do so unless enjoined by this Court.
19. ADC has been damaged by Defendant's infringement of the '379 patent and will

continue to be damaged in the future unless Defendant is enjoined from infringing the '379
patent.

Count IV

Claim for Patent Infringement of U.S. Patent No. 7,894,701

20. 21.

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

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

22.

ADC has satisfied the notice provisions of 35 U.S.C. § 287.

23.

Defendant makes and sells fiber optic distribution products, including without

limitation the MultiOpt™ Fiber Distribution Terminal, that are covered by the '701 patent, and

by its actions relating to such fiber optic distribution products, including at least the sale, offer
for sale, and manufacture thereof, Defendant has infringed and continues to infringe the '701

patent 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 will

continue to be damaged in the future unless Defendant is enjoined from infringing the '701
patent.

Demand for Relief

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 through it, 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,

its officers, directors, agents, servants, employees, attorneys and all other acting under or through

it, directly or indirectly, from infringing the '460 patent;
e.
f.

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

its officers, directors, agents, servants, employees, attorneys and all other acting under or through
it, directly or indirectly, from infringing the '379 patent;

g. h.

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

its officers, directors, agents, servants, employees, attorneys and all other acting under or through

it, directly or indirectly, from infringing the '701 patent
i. A judgment and order requiring Defendant to pay all appropriate damages under

35 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 relief that this Court may deem just and equitable.

Demand for Jury Trial

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff ADC demands a

trial by jury of all issues so triable.
ADC TELECOMMUNICATIONS, INC.

Dabney J. Carr, IV, VSB #28679 dabney.carr@troutmansanders.com Robert A. Angle, VSB #37691 robert. angle@troutmansanders.com
TROUTMAN SANDERS LLP
P.O. Box 1122

Richmond, Virginia 23218-1122 (804)697-1200 (804) 697-1339 (fax)

Alan G. Carlson (pro hac vice to be filed) Philip P. Caspers (pro hac vice to be filed) Timothy A. Lindquist (pro hac vice to be filed) Samuel A. Hamer (pro hac vice to be filed) CARLSON, CASPERS, VANDENBURGH & LINDQUIST, P.A.
225 South Sixth Street, Suite 3200

Minneapolis, MN 55402
612-436-9600

612-436-9605 (fax) E-mail: tlindquist@ccvl.com

Counselfor ADC Telecommunications, Inc,