CommScope Inc. says it attempted to reach a licensing agreement with Ortronics Inc., but filed a patent infringement suit against the company after Ortronics would not enter discussions.
CommScope filed suit against Ortronics this week. The suit asserts infringement of U.S. Patent No. 5,997,358, which is directed to electrical connectors that have improved crosstalk performance as a result of time-delayed multi-stage crosstalk compensation.
The suit was filed in the United States District Court for the Western District of North Carolina. The remedies sought include an injunction barring further sale of certain Ortronics' Category 6 modular patch panels and Category 6 outlets (including at least the Clarity6 patch panels, Clarity6 TracJack outlets and Clarity6 Series II outlet modules), as well as damages for past infringement and treble damages for willful infringement.
In a statement this morning, Phil Armstrong, vice president of Investor Relations and Corporate Communications for CommScope, says the company was forced to file the suit when Ortronics representatives would not reach a license agreement with them.
"CommScope brought the lawsuit when Ortronics was unwilling to enter into a reasonable license agreement," says Armstrong.
Armstrong further states that CommScope worked hard at creating the products that it says Ortronics infringed upon. It launched the suit to defend these products, he says.
"CommScope has invested substantial time, resources and energy in Research and Development and the resulting intellectual property," says Armstrong. "CommScope believes that Ortronics has infringed upon at least one of its patents."
Arlene Franchini, a spokeswoman for Ortronics, however, says CommScope did not give Ortronics the opportunity to discuss the suit prior to its being filed. Franchini also says that the suit is without merit.
"From the outset, Ortronics has maintained that the patent claims have no merit," Franchini says. "Additionally, CommScope made no attempt to engage Ortronics in discussion prior to its public announcement of the lawsuit."
Franchini reiterated Ortronics' statement that the Category 6 products noted in the suit will remain on the market. She also says Ortronics representatives worked hard to develop those products.
"Yes, the products will remain on the market," Franchini says. "We assure our customers and partners that there will be no changes or impact on the way Ortronics sells and supports this product line."
"Ortronics has also invested a significant amount of time, resources and energy in developing the highest quality products with distinctive, innovative technology," she says.
Ortronics Inc., based in New London, CT, manufactures Category 5e, Category 6 and optical fiber. For more information visit www.ortronics.com.
CommScope, based in Hickory, NC, manufacturers cable and connectivity solutions. For more information visit www.commscope.com.
