On April 07, 2021, ConcealFab Corporation (“ConcealFab” or “Plaintiff”), represented by John R. Posthumus of Polsinelli PC, filed an intellectual property lawsuit against Rosenberger Site Solutions, LLC. (“Rosenberger SSL” or “Defendant”), seeking permanent injunctive relief with prejudgment and post-judgment interests among other reliefs, for alleged unlawful infringement of United States patents owned by the Plaintiff. This case was filed in the U.S. District Court for the District of Colorado with Judge Kathleen M. Tafoya Presiding.
The Plaintiff filed this complaint for the infringement claims of United States Patent No. 10,724,655 (“the ‘655 Patent”) entitled “Low-Pim Cable Support Brackets” which is developed by the plaintiff to achieve the mission to develop and deliver innovative solutions that help its customers achieve faster site approval and improved wireless network performance.
Plaintiff has alleged that “Defendant’s unauthorized manufacture, use, offer for sale, sale, and/or importation into the United States of devices that infringe one or more claims of the ‘655 Patent.”
In their complaint, the Plaintiff alleged that “Rosenberger has infringed 655 Patent by (a) making, using, offering to sell, or selling in the United States, or importing into the United States, the Accused Products or any colorable imitation thereof; (b) making, using, offering to sell, or selling in the United States, or importing into the United States, any component of the D-RRU-4G-RUN and TH555-SA38 parts (Accused Products) that constitutes a material part of the inventions claimed by the ‘655 Patent; (c) making, using, offering to sell, or selling in the United States, or importing into the United States, or any other device that infringes the ‘655 Patent; and (d) practicing or encouraging others to practice any method that infringes the ‘655 Patent”. It is even alleged that “Defendant has indirectly infringed and continues to indirectly infringe the ‘655 Patent, by actively inducing and/or contributing to direct infringement of the ‘655 Patent by its customers.”
Furthermore, Plaintiff alleged that “Defendant has engaged in such actions with specific intent to cause infringement or with willful blindness to the resulting infringement because the Defendant has had actual knowledge of the ‘655 Patent and that its acts were inducing infringement of the ‘655 Patent since Defendant had knowledge of the ’655 Patent.”
In the only claim for relief laid down by the Plaintiff, alleged infringement of the ‘655 Patent in violation of 35 U.S.C. § 271(a) (b) and (c) has been claimed, where the defendant has actively induced and/or contributed to direct infringement of the ‘655 Patent by its customers which has caused irreparable injury to Plaintiff.
In the prayer for relief, the plaintiff has requested the court to declare that Defendant has Infringed and induced the infringement of the patent in suit intentionally and to award damages of an amount not less than a reasonable royalty with prejudgment and post-judgment interest and costs and to temporarily, preliminarily, and permanently enjoin the Defendant from future infringement of patent and award costs of litigation.
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Pending - Other Pending
Intellectual Property - Patent
Kathleen M. Tafoya
Rosenberger Site Solutions
John R. Posthumus
Attorney at Polsinelli PC-Denver
1401 Lawrence Street, Suite 2300
Denver, CO 80202
Joseph C. Daniels
Attorney at Sherman & Howard LLC-Denver
633 17Th Street, Suite 3000
Denver, CO 80202-3622
Civil Cover Sheet
Magistrate Judge Consent Form
Docket(#9) ANSWER to #1 Complaint, and Affirmative Defenses by Rosenberger Site Solutions.(Daniels, Joseph) (Entered: 05/19/2021)[+] Read More [-] Read Less
Docket(#8) STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Rosenberger Site Solutions. Rosenberger Site Solutions answer due 5/20/2021. (Daniels, Joseph) (Entered: 04/28/2021)[+] Read More [-] Read Less
Docket(#7) SUMMONS Returned Executed by ConcealFab Corporation. Rosenberger Site Solutions served on 4/8/2021, answer due 4/29/2021. (Posthumus, John) (Entered: 04/09/2021)[+] Read More [-] Read Less
Docket(#6) ORDER SETTING INITIAL CASE DEADLINES. Consent Form due by 6/7/2021. Proposed Scheduling Order due 6/7/2021. By Magistrate Judge Kathleen M. Tafoya on 04/09/2021. (evaug ) (Entered: 04/09/2021)[+] Read More [-] Read Less
Docket(#5) Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (cpomm, ) (Entered: 04/07/2021)[+] Read More [-] Read Less
Docket(#4) SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (cpomm, ) (Entered: 04/07/2021)[+] Read More [-] Read Less
Docket(#3) Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (cpomm, ) (Entered: 04/07/2021)[+] Read More [-] Read Less
Docket(#2) CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Telefonaktiebolaget LM Ericsson for ConcealFab Corporation. (Posthumus, John) (Entered: 04/07/2021)[+] Read More [-] Read Less
Docket(#1) COMPLAINT and Jury Demand against Rosenberger Site Solutions (Filing fee $ 402,Receipt Number 1082-7803986)Attorney John R. Posthumus added to party ConcealFab Corporation(pty:pla), filed by ConcealFab Corporation. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet, #3 Summons)(Posthumus, John) (Entered: 04/07/2021)[+] Read More [-] Read Less
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