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Cynthia A. Ricketts (Bar No. 012668) cindy.ricketts@dlapiper.com DLA PIPER LLP (US) 2525 East Camelback Road, Suite 1000 Phoenix, AZ 85016-4232 Tel: 480.606.5100 Fax: 480.606.5101 Joseph P. Lavelle (pro hac vice to be filed) Andrew N. Stein (pro hac vice to be filed) joe.lavelle@dlapiper.com andrew.stein@dlapiper.com DLA PIPER LLP (US) 500 Eighth Street, NW Washington, D.C. 20004 Tel: 202.799.4000 Fax: 202.799.5000 Attorneys for Plaintiff Corning Gilbert Inc. UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Corning Gilbert Inc., Plaintiff, v. John Mezzalingua Associates, Inc. d/b/a PPC, Defendant. CASE NO. 12-cv-_________ COMPLAINT FOR PATENT INFRINGEMENT Jury Trial Demanded

Plaintiff Corning Gilbert Inc. (Corning Gilbert) for its complaint against Defendant John Mezzalingua Associates, Inc. d/b/a PPC (PPC) states and alleges as follows:

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NATURE OF THE ACTION 1. This is an action for patent infringement arising under the patent laws of the

United States, including 35 U.S.C. 271, et seq. 2. PPC has infringed and continues to infringe two patents owned by Corning

Gilbert concerning coaxial cable connectors. PPCs infringing acts include sales and distribution of infringing coaxial cable connectors within the State of Arizona. JURISDICTION AND VENUE 3. This Court has subject matter jurisdiction over this action pursuant to 28

U.S.C. 1331 and 1338, in that this action arises under the federal patent statutes, 35 U.S.C. 271, et seq. 4. This Court has personal jurisdiction over PPC because PPCs actions

establish such minimum contacts with Arizona that jurisdiction comports with the Arizona Long-Arm Statute and the U.S. Constitution. On information and belief, such contacts include without limitation PPCs sales and/or distribution of infringing coaxial cable connectors in this judicial district to Orbitel Communications. 5. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) and

(c) and 28 U.S.C. 1400(b). FACTUAL BACKGROUND Parties 6. Corning Gilbert is a corporation organized and existing under the laws of

the State of Delaware, with a place of business at 5320 W. Camelback Road, Glendale, Arizona. 7. Corning Gilbert is a world leader in RF connectivity products, including

coaxial cable connectors, that continuously develops new interconnect technology for improved RF system performance, reliability, and efficiency. Corning Gilberts products are used in a range of diverse applications from broadband communications systems to telecommunications, defense systems, and test and measurement systems. Corning Gilberts design expertise is complemented by the high quality of its products. -2-

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8.

Gilbert Engineering, Corning Gilberts predecessor in interest, was founded

in 1957 and has continuously maintained its presence in Arizona. 9. Corning Gilbert has been in the coaxial cable connector business since at

least 1967, when it introduced its first proprietary coaxial cable connector design. 10. Corning Gilbert makes substantial investments in personnel and product

research and development in Arizona and elsewhere throughout the world to maintain its position as a world leader in RF connectivity products. 11. Coaxial cable connectors are used to interconnect electronic devices, such as

televisions, cable TV set-top boxes, and computer cable modems, with coaxial cable. 12. PPC is a corporation organized and existing under the laws of the State of

Delaware, with a place of business at 6176 East Molloy Road, East Syracuse, New York. The Asserted Patents 13. Corning Gilbert is the owner, by assignment, of all right, title, and interest in

United States Patent No. 7,114,990 (the 990 Patent) entitled Coaxial Cable Connector with Grounding Member. A true and correct copy of the 990 Patent is attached as Exhibit A. 14. The 990 Patent was duly and properly issued by the U.S. Patent &

Trademark Office on October 3, 2006 from a patent application that was filed on January 25, 2005 on behalf of Bruce D. Bence, Donald A. Burris, Brian L. Kisling, John A. Kooiman, William B. Lutz, William F. McDade, and Thomas D. Miller, all of Arizona, and Lee Yung Chuan, of Taiwan. Corning Gilbert owns, by assignment, all right, title, and interest in the 990 Patent. 15. Corning Gilbert is the owner, by assignment, of all right, title, and interest in

United States Patent No. 8,172,612 (the 612 Patent) entitled Electrical Connector with Grounding Member. A true and correct copy of the 612 Patent is attached as Exhibit B. 16. The 612 Patent was duly and properly issued by the U.S. Patent &

Trademark Office on May 8, 2012 from a patent application that was filed on May 27, 2011 on behalf of Bruce D. Bence, Donald A. Burris, Brian L. Kisling, John A. Kooiman, -3-

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William B. Lutz, William F. McDade, and Thomas D. Miller, all of Arizona, and Lee Yung Chuan, of Taiwan. Corning Gilbert owns, by assignment, all right, title, and interest in the 612 Patent. General Details of PPCs Infringement 17. 18. PPC has infringed and continues to infringe the 990 Patent and 612 Patent. PPC has infringed and continues to infringe the 990 Patent and the 612

Patent by making, using, offering to sell, selling and/or importing into the United States, directly and/or through its agents or distributors, coaxial cable connectors that embody the inventions disclosed and claimed in those patents throughout the United States, including, upon information and belief, in this judicial district to at least Orbitel Communications. 19. PPCs infringing coaxial cable connectors include, without limitation, its

SignalTight coaxial cable connectors with model designations EX6PLUS, EX6XLPLUS, EX59PLUS, EX59XLPLUS, EX6WSPLUS, EX6XLWSPLUS, EX59WSPLUS, EX59XLWSPLUS (collectively Exemplary Infringing Connectors). 20. Corning Gilbert has suffered damages, including damages resulting from

losses of sales as a result of PPCs infringement. PPCs Infringement Was Willful 21. PPC has known of the 990 Patent at least as early as July 18, 2008, when it

requested that the U.S. Patent & Trademark Office declare an interference pursuant to 37 C.F.R. 41.202(a) between the 990 Patent and a pending PPC patent application. 22. On information and belief, PPC chose to continue its infringement despite

its knowledge of the 990 Patent. 23. On information and belief, PPC had actual knowledge of the 612 Patent

before this Complaint was filed. 24. On information and belief, PPC chose to continue its infringement despite

its knowledge of the 612 Patent.

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COUNT I PPCS INFRINGEMENT OF 990 PATENT 25. Corning Gilbert repeats and reasserts all allegations contained in the

preceding paragraphs as if they were stated fully herein in this Count. 26. PPC has infringed, directly, contributorily, and/or by inducement,

independent claim 29, and its dependent claims, of the 990 Patent by making, using, offering to sell, selling, and/or importing into the United States infringing coaxial cable connectors, including the Exemplary Infringing Connectors. 27. On information and belief, PPC has infringed the 990 Patent willfully,

deliberately, and intentionally. 28. PPCs willful, deliberate, and intentional infringement of the 990 Patent has

caused Corning Gilbert irreparable harm and damages, including lost sales, lost profits, lost sales opportunities, and loss of good will, in an amount to be determined at trial. 29. PPCs willful, deliberate, and intentional infringement has also caused

Corning Gilbert further irreparable harm and damages, and will entitle it to recover, among other things, treble damages, attorney fees, and costs. 30. On information and belief, PPCs infringement of the 990 Patent will

continue unless and until PPC is enjoined by this Court from further infringement, and such continued infringement will also be willful, deliberate, and intentional. 31. PPCs continued infringement will cause Corning Gilbert further irreparable

harm and damages, and will also entitle it to recover, among other things, treble damages, attorney fees, and costs. COUNT II PPCS INFRINGEMENT OF THE 612 PATENT 32. Corning Gilbert repeats and reasserts all allegations contained in the

preceding paragraphs as if they were stated fully herein in this Count. 33. PPC has infringed, directly, contributorily, and/or by inducement, at least

one claim of the 612 Patent by making, using, offering to sell, selling, and/or importing into the United States infringing coaxial cable connectors, including the Exemplary Infringing Connectors. -5-

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34.

On information and belief, PPC has infringed the 612 Patent willfully,

deliberately, and intentionally. 35. PPCs willful, deliberate, and intentional infringement of the 612 Patent has

caused Corning Gilbert irreparable harm and damages, including lost sales, lost profits, lost sales opportunities, and loss of good will, in an amount to be determined at trial. 36. PPCs willful, deliberate, and intentional infringement has also caused

Corning Gilbert further irreparable harm and damages, and will entitle it to recover, among other things, treble damages, attorney fees, and costs. 37. On information and belief, PPCs infringement of the 612 Patent will

continue unless and until PPC is enjoined by this Court from further infringement, and such infringement will be willful, deliberate, and intentional. 38. PPCs continued infringement will cause Corning Gilbert further irreparable

harm and damages, and entitle it to recover, among other things, treble damages, attorney fees, and costs.

JURY DEMAND Corning Gilbert demands a trial by jury on all issues so triable.

REQUEST FOR RELIEF WHEREFORE, Corning Gilbert respectfully requests that this Court enter judgment in its favor on each count of the Complaint and grant the following relief: A. B. Enter judgment that PPC has infringed the 990 Patent and the 612 Patent; Enter a preliminary and permanent injunction, enjoining PPC and their agents, servants, employees, distributors, licensees, partners, representatives, related companies, officers, directors, assigns, and attorneys and those in active concert or participation with them, from and in any way, infringing, in any manner, any claim of the 990 Patent and the 612 Patent; -6-

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C.

Enter judgment for compensatory damages for patent infringement, as provided in 35 U.S.C. 284, the extent of which will be determined at trial, but in no event less than a reasonable royalty, together with interest and costs;

D.

A determination that PPCs infringement of the 990 Patent and the 612 Patent has been willful, and an award of enhanced damages of up to three times the amount of actual damages pursuant to 35 U.S.C. 284;

E.

A determination that, pursuant to 35 U.S.C. 285, this is an exceptional case and that Corning Gilbert be awarded its reasonable attorneys fees and costs;

F. G.

An award of interest on any judgment entered in this action; and Such other and further relief as is just and proper. DLA PIPER LLP (US)

Dated: October 15, 2012

By: s/Cynthia A. Ricketts CYNTHIA A. RICKETTS DLA PIPER LLP (US) 2525 East Camelback Road, Suite 1000 Phoenix, AZ 85016-4232 Tel: 480.606.5100 Fax: 480.606.5101 cindy.ricketts@dlapiper.com

Attorney for Plaintiff Corning Gilbert Inc.

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