Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 1 of 56
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
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`
`CMP PRODUCTS LIMITED,
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`
`
`
`
`COOPER CROUSE-HINDS, LLC and
`COOPER INDUSTRIES, LLC,
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`
`
`
`
`Plaintiff,
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` Defendants.
`
`
`
`v.
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`
`
`
`
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`
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`CIVIL ACTION NO.: 4:17-cv-2194
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`
`JURY TRIAL DEMANDED
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`ORIGINAL COMPLAINT
`
`
`
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`Plaintiff, CMP Products Limited (“CMP Products or Plaintiff”), for its Complaint for
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`Patent Infringement against Cooper Crouse-Hinds, LLC and Cooper Industries, LLC
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`(collectively “Crouse-Hinds” or “Defendants”), states as follows:
`
`SUMMARY OF THE PATENT INFRINGEMENT CLAIMS
`
`1.
`
`This is a patent infringement lawsuit pertaining to inventions for connecting
`
`electric cables to junction boxes in hazardous areas, such as oil rigs, oil refineries and the like.
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`Cable glands are a type of coupling used to connect electric cables to enclosures. It is imperative
`
`to seal the cables entering a junction box in hazardous environments. The cable gland must be
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`encapsulated to prevent explosive gases from traveling through wire cables passing through the
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`cable gland.
`
`2.
`
`Prior to the current invention, the cable gland was typically packed with an epoxy
`
`putty that was mixed, molded into position and then allowed to set -- the putty acted as a barrier
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`against an explosion. The problem with using epoxy putty is that it required a long cure period
`
`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0794
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 2 of 56
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`in which the cables could not be disturbed. Additionally, air voids developed during application
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`of the epoxy material proved to be highly detrimental in the event of an explosion.
`
`3.
`
`The inventions of the patents in suit have greatly advanced the manner to seal
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`cable-gland connections. The inventions provide for: (1) a clean, fast mixing process; (2) high
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`consistency liquid-pouring; (3) an explosion-proof seal; (4) a flexible barrier member or dam; (5)
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`faster curing time and (6) improved reliability. The improved safety benefits of the present
`
`inventions are revolutionary. Moreover, the reduction in application time and cure time of the
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`inventions add extensive value by reducing installation times.
`
`4.
`
`The inventions of the patents in suit utilize an easy to apply liquid that is
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`dispensed into the cable gland to operate as an effective barrier to explosions and prevent flames
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`from propagating through the gland. The inventions of the patents utilize a curable liquid resin
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`that forms a seal layer. The present inventions also include a flexible barrier member (CMP
`
`refers to this element as a “resin dam” and Crouse-Hinds refers to this element as a “liquid dam”
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`or “dam”) formed within the cable gland that is adapted to stretch to engage wires of a cable to
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`prevent the liquid resin from travelling along the wires outside the cable gland.
`
`5.
`
`The patents provide the benefits of the present inventions:
`
`As a result of the provision of at least one elongate dispenser device, dispensing
`of the curable liquid can be more carefully controlled, as a result of which less
`viscous and faster curing liquid material can be used than in the prior art. This
`therefore provides the advantage of enabling more rapid formation of a filled
`cable gland incorporating the material, while also allowing the liquid material to
`be introduced into the cable gland in such a way that the air is expelled from the
`cable gland to avoid air voids, which could lead to failure of the cable gland in the
`event of an explosion. In addition, with the present invention, the curable material
`can be dispensed into the assembled gland, i.e. the cable gland can be filled with
`the conductors of the cable in a connected state, as a result of which the electrical
`integrity of the joint can be ensured, whereas the putty like compound of the
`known arrangement must be molded around the conductors of the cable with the
`gland disassembled, as a result of which the cable cores can not be electrically
`connected. The provision of at least one barrier member for restricting the extent
`of penetration of said curable liquid material along the cable cores provides the
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`- 2 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0795
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 3 of 56
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`advantage of enabling highly flowable curable liquid material to be used, while
`also enabling filling of the cable gland.
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`(Exhibit 2, ‘133 Patent, Col. 2, lns 31-55).
`
`6.
`
`Defendants together are manufacturing, selling, and offering for sale cable gland
`
`products that infringe upon the patents in suit. The Crouse-Hinds products consist of barrier
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`cable gland products used in hazardous locations.
`
`7.
`
`In various advertisements, Crouse-Hinds proclaims that the “unique design
`
`features, coupled with our fast curing CHICO LiquidSeal Compound, make the Terminator II
`
`TMCX Cable Gland the easiest and safest solution available.”
`
`8.
`
`The Crouse-Hinds advertisements further tout the features and benefits of its
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`cable-gland products:
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`• Designed to minimize the opportunity for incorrect assembly;
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`• CHICO® LiquidSeal, an innovative liquid compound with fast gel and cure times,
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`reduces waiting times; and
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`• Complete with integral dam [flexible barrier member] to facilitate liquid pour.
`
`9.
`
`The Crouse-Hinds cable gland product advertisements also describe the benefits
`
`of its LiquidSeal Products:
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`• Mixing time: 2 minutes;
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`• Gel time: 15-30 minutes; and
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`•
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`Integral dam means no packing or taping to prevent liquid leakage.
`
`10.
`
`CMP Products’ claim for patent infringement against Crouse-Hinds is for
`
`infringing in an unlawful and unauthorized manner U.S. Patent No. 8,872,027 (“the ‘027
`
`Patent”) (attached as Exhibit 1) and U.S. Patent No. 9,484,133 (“the ‘133 Patent”) (attached as
`
`Exhibit 2).
`
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`- 3 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0796
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 4 of 56
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`11.
`
`Crouse-Hinds adopted the key features of the ‘133 Patent and ‘027 Patent into its
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`LiquidSeal Cable Gland Products.
`
`12.
`
`Crouse-Hinds had knowledge of CMP Products’ cable gland at least as early as
`
`mid-2011 according to a Crouse-Hinds presentation analyzing the CMP cable gland:
`
`
`
`13.
`
`Crouse-Hinds disassembled and analyzed the CMP cable gland products during
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`the design and development of its Terminator II TMCX product. In a new product presentation
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`for its TMCx II product, Crouse-Hinds used a picture of the CMP two-part liquid seal dispenser
`
`in association with the Crouse-Hinds cable gland with barrier member.
`
`14.
`
`Crouse-Hinds copied key features of CMP Products’ CMP TMC2X cable gland
`
`including, but not limited to, (1) the use of two component, curable liquid dispenser and (2) the
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`integrated dam (resin dam or liquid dam) in its Terminator II TMCX cable gland. Crouse-Hinds
`
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`- 4 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0797
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 5 of 56
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`completed this teardown and competitive analysis of CMP’s cable gland product before Crouse-
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`Hinds even began selling its cable gland product.
`
`THE PARTIES
`
`15.
`
`CMP Products Limited (“CMP Products”) is a corporation under the laws of the
`
`United Kingdom with its principle place of business at 36 Nelson Way, Nelson Park East,
`
`Cramlington, Northumberland, NE231WH.
`
`16.
`
`CMP Products owns and has standing to sue for patent infringement of United
`
`States Patent Nos. 8,872,027 and 9,484,133.
`
`17.
`
`CMP Products owns all rights, title and interest in U.S. Patent Application No.
`
`15/283, 997 (“the ‘997 Application”).
`
`18.
`
`CMP Products Texas, Inc. (“CMP Texas”) is a Texas corporation having its
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`principal place of business located at 5222 N. Sam Houston Parkway E, Houston, Texas 77032.
`
`19.
`
`CMP Texas entered into an Agency Agreement with CMP Products on May 2,
`
`2010. The Agency Agreement provides that CMP Texas is an agent of CMP Products within the
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`United States having exclusive rights to represent CMP Products with respect to cable glands,
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`accessories, adaptors, reducers and stopping plugs. The Agency Agreement pertains to products
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`covered by the ‘027 and ‘133 Patents.
`
`20.
`
`CMP Texas imports, offers for sale and sells CMP Products’ cable gland products
`
`covered by the ‘027 and ‘133 Patents throughout the United States -- including within this
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`judicial district.
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`21.
`
`Defendant Cooper Crouse-Hinds, LLC is a Delaware limited liability company
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`having its principal place of business at 1201 Wolf Street, Syracuse, New York.
`
`22.
`
`Defendant Cooper Industries, LLC is a Delaware limited liability company having
`
`its principal place of business at 600 Travis Street, Suite 5400, Houston, Texas 77002.
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`- 5 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0798
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 6 of 56
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`23.
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`Cooper Crouse-Hinds, LLC and Cooper Industries, LLC (collectively “Crouse-
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`Hinds”) individually and together participate in using, selling and offering to sell cable gland
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`products including those accused of infringement in this case.
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`JURISDICTION AND VENUE
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`24.
`
`CMP Products’ claim for patent infringement against Crouse-Hinds arises under
`
`the patent laws of the United States, including 35 U.S.C. §§ 271 and 281. This Court has
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`original subject matter jurisdiction over this action under 28 U.S.C. §§ 1331 and 1338.
`
`25.
`
`Crouse-Hinds is conducting business and infringing the ‘027 and ‘133 Patents in
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`this district and elsewhere in the United States.
`
`26.
`
`Cooper Crouse-Hinds, LLC has offices and a regular and established place of
`
`business in this judicial district at 3413 N. Sam Houston Parkway, Suite 212, Houston, Texas
`
`77086. Crouse-Hinds, LLC has a number of employees including those with titles of District
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`Manager – Houston, Vice President – Gulf Coast Regional Sales, Sales Specialist, Regional
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`Sales Manager, Commercial Products Sales Manager – Gulf, and Sales Representative at its
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`Houston, Texas offices.
`
`27.
`
`Cooper Industries, LLC has its main office and a regular and established place of
`
`business at 600 Travis Street, Suite 5400, Houston, Texas 77002.
`
`28.
`
`Defendants use, sell and offer for sale cable gland products, including the
`
`Terminator II TMCX Cable Gland Products, the CHICO LiquidSeal Products, and the Bulk
`
`LiquidSeal Products accused of infringement of the ‘027 and ‘133 Patents in this judicial district.
`
`29.
`
`Additionally, Crouse-Hinds has distributors in this judicial district including the
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`following: Wholesale Electric Supply CMMS 66, 4040A Gulf Freeway, Houston, Texas 77004;
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`Turtle & Hughes, Inc., 6611 Supply Row, Houston, Texas 77011; Elliott Electric Supply 17,
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`- 6 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0799
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 7 of 56
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`1915 Turning Basin Drive, Suite 550, Houston, Texas 77029; and Graybar Electric HOTX, 6161
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`Bingle Road, Houston, Texas 77092.
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`30.
`
`Crouse-Hinds offers for sale and sells products that perform in harsh and
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`hazardous environments including industrial fittings and cable glands in this judicial district.
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`Crouse-Hinds is subject to personal jurisdiction of this Court because, among other things, it has
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`established sufficient contacts with Texas and within this judicial district.
`
`31.
`
`Crouse-Hinds has conducted business in the Southern District of Texas and the
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`State of Texas. Crouse-Hinds has committed acts of patent infringement within Texas and the
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`Southern District of Texas giving rise to this action. Crouse-Hinds has minimum contacts with
`
`the forum such that the exercise of jurisdiction over it would not offend traditional notions of fair
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`play and substantial justice.
`
`32.
`
`Each Defendant has committed acts of infringement in this judicial district and
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`has a regular and established a place of business in this judicial district.
`
`33.
`
`Venue is proper in this judicial district under 28 U.S.C. § 1400(b).
`
`THE PATENTS
`
`34.
`
`United States Patent No. 8,872,027 (“the ‘027 Patent”) is entitled “Filler
`
`Assembly for Cable Gland” and was issued on October 28, 2014. The ‘027 Patent is attached as
`
`Exhibit 1.
`
`35.
`
`The claims of the ‘027 Patent pertain to a filler assembly apparatus for filling a
`
`cable gland with a curable liquid material and method for filling the cable gland.
`
`36.
`
`United States Patent No. 9,484,133 (“the ‘133 Patent”) is entitled “Filler
`
`Assembly for Cable Gland” and issued on November 1, 2016. The ‘133 Patent is attached as
`
`Exhibit 2.
`
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`- 7 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0800
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 8 of 56
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`37.
`
`The claims of the ‘133 Patent pertain to a filler assembly apparatus for filling a
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`cable gland with a curable liquid material and method for filling the cable gland.
`
`38.
`
`The application for U.S. Patent Application No. 15/283,997 (“the ‘997
`
`Application”) is entitled “Filler Assembly for Cable Gland.” It is expected that the United States
`
`Patent and Trademark Office will issue a notice of allowance for the pending claims in the ‘997
`
`Application. After the ‘997 Application issues, CMP intends to add the patent to the Complaint
`
`against Cooper Crouse-Hinds, LLC and Cooper Industries, LLC.
`
`39.
`
`CMP Products has been able to commercialize the inventions of the ‘027 and ‘133
`
`Patents and sells its products in the United States through its agent, CMP Texas.
`
`40.
`
`CMP Texas sells, offers to sell and imports Rapid Ex Cable Gland Products that
`
`are covered by the ‘027 and ‘133 Patents.
`
`41.
`
`CMP Texas provides product brochures throughout the United States which state
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`that the RapidEx Products are “a revolutionary sealing solution for barrier glands that also
`
`deliver increased reliability.”
`
`42.
`
`The brochures provided by CMP Texas explain the benefits of the RapidEx
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`product:
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`• Simple cable preparation;
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`• Easy liquid pour RapidEx resin application;
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`• Cleaner, faster mixing process;
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`• High consistency of liquid pour fill;
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`• Fully compatible with IEC & CEC/NEC wiring code rules;
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`• Thermal endurance/age tested to IEC 60079-0:2007;
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`• Explosion pressure tested to IEC 60079-1:2007, CSA-C 22.2 and UL 2225;
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`• No need for repeated cable gland disassembly before connection to equipment;
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`- 8 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0801
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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 9 of 56
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`• Faster RapidEx curing time, allowing earlier energizing of equipment;
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`• Enhanced accuracy, improved reliability.
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`43.
`
`The RapidEx Cable Gland Products are important to CMP Texas and CMP
`
`Products.
`
`44.
`
`above.
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`FIRST COUNT FOR PATENT INFRINGEMENT
`(Infringement of U.S. Patent No. 8,872,027)
`
`Plaintiff incorporates by reference the allegations set forth in Paragraphs 1 to 43
`
`45.
`
`Crouse-Hinds has infringed at least Claim Nos. 1, 2, 4, 5, 10, 11, 12, 13, 14, 15,
`
`16, 17, 18 and 19 of the ‘027 Patent by making, using, offering to sell, selling and/or importing
`
`filler assemblies and cable gland products, including those sold under the name Terminator II
`
`TMCX CHICO LiquidSeal cable gland products (“the CHICO LiquidSeal Cable Gland
`
`Products”).
`
`Direct Infringement
`
`46.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products literally and directly
`
`infringe at least Claims 1, 2, 4, 5 and 10-19 of the ‘027 Patent in violation of 35 U.S.C. § 271(a).
`
`47.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products are advertised as
`
`being ideal for terminating cables in hazardous locations:
`
`The Terminator™ II TMCX Cable Gland is an armored barrier, non-armored
`barrier and TECK armored gland used to terminate cable in hazardous locations.
`Its unique design features, coupled with our new fast curing Chico® LiquidSeal
`compound, make the Terminator™ II TMCX Cable Gland the easiest and safest
`solution available.
`
`48.
`
`Crouse-Hinds further advertises the benefits of the CHICO LiquidSeal Cable
`
`Gland Products:
`
`• CHICO® LiquidSeal, an innovative liquid compound with fast gel and cure times,
`reduces waiting times; and
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`
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`- 9 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0802
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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 10 of 56
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`• Complete with integral dam to facilitate liquid pour.
`
`49.
`
`The Crouse-Hinds Cable Gland Products are sold with the CHICO LiquidSeal
`
`Cable Gland Products:
`
`(See Exhibit 3).
`
`
`
`50.
`
`Representative Claim 1 of the ‘027 Patent is recited as follows:
`
`A filler assembly for filling with curable liquid material a cable gland, the cable
`gland having a plurality of cores of at least one cable extending there through, the
`assembly comprising:
`
`(a) a dispenser apparatus for a curable liquid material, the apparatus comprising: a
`body adapted to define at least one first chamber for accommodating a first
`component of a curable liquid material, and at least one second chamber for
`accommodating a second component of said curable liquid material and adapted
`to communicate with at least one said first chamber to enable mixing of said first
`and second components to initiate curing of said curable liquid material;
`
`at least one first barrier apparatus for temporarily preventing mixing of said first
`and second components; at least one elongate dispenser apparatus adapted to
`communicate with at least one said second chamber and to dispense said mixed
`curable liquid material therefrom between a plurality of cores of at least one
`cable; and at least one second barrier apparatus for temporarily preventing
`passage of said curable liquid material from the or each said second chamber to at
`least one said dispenser apparatus; and
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`- 10 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0803
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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 11 of 56
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`(b) at least one flexible barrier member having at least one respective aperture
`therethrough adapted to stretch to engage a plurality of cores of a cable to provide
`a barrier to passage of said curable liquid material along said cores.
`
`(Exhibit 1, Claim 1, ‘027 Patent).
`
`51.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products comprise “[a] filler
`
`assembly for filling with curable liquid material, a cable gland, the cable gland having a plurality
`
`of cores of at least one cable extending therethrough…”, as recited in the preamble of Claim 1 of
`
`the ‘027 Patent:
`
`52.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products satisfy the preamble
`
`of Claim 1 of the ‘027 Patent.
`
`53.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products include “a dispenser
`
`apparatus for a curable liquid material…” as recited in Claim 1 of the ‘027 Patent:
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`- 11 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0804
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 12 of 56
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`54.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products satisfy “the
`
`dispenser apparatus” element recited in Claim 1 of the ‘027 Patent.
`
`55.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products include “a body
`
`adapted to define at least one first chamber for accommodating a first component of curable
`
`liquid material…”, as recited in Claim 1 of the ‘027 Patent:
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`- 12 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0805
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 13 of 56
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`56.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products satisfy the “at least
`
`one first chamber for accommodating a first component of curable liquid material” element of
`
`Claim 1 of the ‘027 Patent.
`
`57.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products include “at least one
`
`second chamber for accommodating a second component of said curable liquid material” as
`
`recited in Claim 1 of the ‘027 Patent:
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`- 13 -
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`
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0806
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 14 of 56
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`
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`58.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products satisfy the “at least
`
`one second chamber for accommodating a second component of said curable liquid material”
`
`element of Claim 1 of the ‘027 Patent.
`
`59.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products are “adapted to
`
`communicate with at least one said first chamber to enable mixing of said first and second
`
`components to initiate curing of said curable liquid material” as recited in Claim 1 of ‘027
`
`Patent:
`
`
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`- 14 -
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`
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0807
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 15 of 56
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`60.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products satisfy the element
`
`of being “adapted to communicate with the first chamber to enable mixing” in Claim 1 of the
`
`
`
`‘027 Patent.
`
`61.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products include “at least one
`
`first barrier apparatus for temporarily preventing mixing of said first and second components” as
`
`recited in Claim 1 of the ‘027 Patent:
`
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`- 15 -
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`
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0808
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 16 of 56
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`- 16 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0809
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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 17 of 56
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`62.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland products satisfy the element
`
`of “at least one first barrier apparatus for temporarily preventing mixing of said first and second
`
`components” in Claim 1 of the ‘027 Patent.
`
`63.
`
`The Crouse-Hinds LiquidSeal Cable Gland Products include “at least one
`
`elongate dispenser apparatus adapted to communicate with at least one said second chamber and
`
`to dispense said mixed curable liquid material therefrom between a plurality of cores of at least
`
`one cable” as recited in Claim 1 of the ‘027 Patent:
`
`
`
`64.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products satisfy the “at least
`
`one elongated dispenser apparatus” element of Claim 1 of the ‘027 Patent.
`
`65.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products include “at least one
`
`second barrier apparatus for temporarily preventing passage of said curable liquid material from
`
`the or each said second chamber to at least one said dispenser apparatus” as recited in Claim 1 of
`
`the ‘027 Patent:
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`- 17 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0810
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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 18 of 56
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0811
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 19 of 56
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`66.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products satisfy the “at least
`
`one second barrier apparatus” element of Claim 1 of the ‘027 Patent.
`
`67.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products include “at least one
`
`flexible barrier member having at least one respective aperture therethrough” as recited in Claim
`
`1 of the ‘027 Patent:
`
`
`
`68.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products satisfy the “at least
`
`one flexible barrier member” element of Claim 1 of the ‘027 Patent.
`
`69.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products are “adapted to
`
`stretch to engage a plurality of cores of a cable to provide a barrier to passage of said curable
`
`liquid material along said cores” as recited in Claim 1 of the ‘027 Patent:
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`- 19 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0812
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 20 of 56
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`
`
`70.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products satisfy the element
`
`of being “adapted to stretch to engage a plurality of cores of a cable to provide a barrier to
`
`passage of said curable liquid material along said cores” of Claim 1 of the ‘027 Patent.
`
`71.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products satisfy each and
`
`every element of Claim 1 of the ‘027 Patent and therefore directly and literally infringe Claim 1
`
`of the ‘027 Patent.
`
`72.
`
`The Crouse-Hinds CHICO LiquidSeal Cable Gland Products satisfy the elements
`
`of Claims 2, 4, 5, 10-13, and 16-19 of the ‘027 Patent and therefore directly and literally infringe
`
`Claims 2, 4, 5, 10-13, and 16-19 of the ‘027 Patent.
`
`73.
`
`Crouse-Hinds uses the CHICO LiquidSeal Cable Gland Products in a manner that
`
`satisfy the elements of Claims 14 and 15 and therefore directly and literally infringe Claims 14
`
`and 15.
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`- 20 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0813
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 21 of 56
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`74.
`
`If any of the elements of Claims 1, 2, 4, 5 and 10-19 of the ‘027 Patent are not
`
`literally found in the CHICO LiquidSeal Cable Gland Products, there is infringement under the
`
`Doctrine of Equivalents.
`
`Inducement of Infringement
`
`75.
`
`Crouse-Hinds also infringes Claims 1, 2, 4, 5 and 10-19 of the ‘027 Patent both
`
`directly within the meaning of 35 U.S.C. § 271(a) and by inducing infringement within the
`
`meaning of 35 U.S.C. § 271(b).
`
`76.
`
`Crouse-Hinds itself practices each and every step or element of Claims 1, 2, 4, 5
`
`and 10-19 of the ‘027 Patent, and is a direct infringer of those claims.
`
`77.
`
`On the Crouse-Hinds webpage (“www.cooperindustries.com”), there is a video
`
`entitled “Terminator™ II TMCX Cable Gland Installation.” The video shows a step-by-step
`
`installation of the Crouse-Hinds’ TMCX Cable Gland. This step-by-step video shows Crouse-
`
`Hinds practicing each and every step or element of Claims 1, 2, 4, 5 and 10-19 of the ‘027
`
`Patent. For convenience, the video has been downloaded to www.vvnglitigation.com.
`
`78.
`
`On the Crouse-Hinds webpage (“www.cooperindustries.com”), there is a video
`
`entitled “Terminator™ II TMCX Cable Gland Animation.” The video provides an animated
`
`overview of each of Crouse-Hinds Terminator II TMCX Cable Gland detailing installation and
`
`explosion of design features. For convenience, the animation has been downloaded to
`
`www.vvnglitigation.com.
`
`79.
`
`The Crouse-Hinds video actually uses and instructs others on how to use and
`
`install the Crouse-Hinds CHICO LiquidSeal Cable Gland Product:
`
`•
`
`•
`
`Insert TMCX into threaded device;
`
`Insert prepared cable through an integrated liquid dam;
`
`• Release union nut and secure. Ready for pouring liquid compound;
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`- 21 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0814
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 22 of 56
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`• Break seal between liquids;
`
`• Mix until liquid compound is uniformly blended;
`
`• Pouring the liquid compound after breaking the pouring seal;
`
`• Pour liquid compound into chamber;
`
`• Move conductors to ensure liquid compound fills between conductors;
`
`• Allow 10 minutes for liquid compound to cure;
`
`•
`
`Insert rear assembly into threaded body;
`
`• Tighten union nut; and
`
`• Assembly complete.
`
`80.
`
`Crouse-Hinds induces infringement of Claims 1, 2, 4, 5 and 10-19 of the ‘027
`
`Patent under 35 U.S.C. 271(b).
`
`81.
`
`Crouse-Hinds practices, and instructs others to practice, the step of “using a filler
`
`assembly” as defined in Claim 14 of the ‘027 Patent:
`
`
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`- 22 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0815
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 23 of 56
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`- 23 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0816
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 24 of 56
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`- 24 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0817
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 25 of 56
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`82.
`
`Crouse-Hinds induces others to practice, the step of “using a filler assembly” as
`
`
`
`recited in Claim 14.
`
`83.
`
`Crouse-Hinds practiced, and instructs others to practice, the step of “locating at
`
`least one said barrier member in the cable gland” as recited in Claim 14 of the ‘027 Patent:
`
`
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`- 25 -
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`
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0818
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`

`

`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 26 of 56
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`
`
`84.
`
`Crouse-Hinds induces others to practice, the step of “locating the barrier member
`
`in the cable gland” as recited in Claim 14.
`
`85.
`
`Crouse-Hinds practices and instructs others to practice, the step of “locating an
`
`outlet of at least one said dispenser apparatus in said cable gland and dispensing curable liquid
`
`material therefrom so as to expel air from the cable gland” as recited in Claim 14 of the ‘027
`
`Patent:
`
`
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`- 26 -
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`
`
`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0819
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 27 of 56
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`
`
`86.
`
`Crouse-Hinds induces others to practice, the step of dispensing curable liquid
`
`material from an outlet of the dispenser in the cable gland as recited in Claim 14.
`
`87.
`
`Crouse-Hinds practices, and instructs others to practice, each and every step of
`
`Claim 14 of the ‘027 Patent.
`
`88.
`
`For the reasons set forth above, Crouse-Hinds actively induces the infringement
`
`of Claims 1, 2, 4, 5 and 10-19 of the ‘027 Patent.
`
`89.
`
`As set forth above, Crouse-Hinds encourages and promotes infringement of
`
`Claims 1, 2, 4, 5 and 10-19 of the ‘027 Patent. For example, Crouse-Hinds provides detailed
`
`explanation, instructions and information to customers that demonstrates how to use the Crouse-
`
`Hinds CHICO LiquidSeal Cable Gland Products in a manner that would infringe Claims 1, 2, 4,
`
`5 and 10-19 of the ‘027 Patent.
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`
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`- 27 -
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`
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0820
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`

`

`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 28 of 56
`
`90.
`
`As set forth above, the videos and instructions teach an infringing use of Claims
`
`1, 2, 4, 5 and 10-19 of the ‘027 Patent which demonstrate an affirmative intent to practice Claims
`
`1, 2, 4, 5 and 10-19 of the ‘027 Patent.
`
`91.
`
`At least as of the time of filing this Complaint, Crouse-Hinds has notice of the
`
`‘027 Patent.
`
`92.
`
`At least as of the time of filing this Complaint, Crouse-Hinds knew of the ‘027
`
`Patent and specifically intended that others infringe Claims 1, 2, 4, 5 and 10-19 of the ‘027
`
`Patent.
`
`Damages
`
`93.
`
`Crouse-Hinds has engaged
`
`in egregious activity beyond
`
`typical patent
`
`infringement.
`
`94.
`
`Crouse-Hinds’ continued infringement of one or more claims of the ‘027 Patent
`
`entitles CMP Products to enhanced damages under 35 U.S.C. § 284.
`
`95.
`
`Crouse-Hinds’ actions of infringement of the ‘027 Patent have injured CMP
`
`Products and it is entitled to recover damages to compensate it for such infringement, but in no
`
`event less than a reasonable royalty as established under 35 U.S.C. § 284.
`
`96.
`
`CMP Products’ injury will continue unless or until this Court enters an injunction
`
`against further infringement by Crouse-Hinds.
`
`SECOND COUNT FOR PATENT INFRINGEMENT
`(Infringement of U.S. Patent No. 9,484,133)
`
`97.
`
`Plaintiff incorporates by reference the allegations set forth in Paragraphs 1 to 96
`
`
`
`above.
`
`98.
`
`Crouse-Hinds infringes at least Claim Nos. 1, 2, 3, 5, 9, 11-17, 19, 23, and 25-28
`
`of the ‘133 Patent by making, using, offering for sale, selling and/or importing a filler assembly
`
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`- 28 -
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`Cooper v CMP; IPR2018-00994
`CMP Ex. 2008; page CMP0821
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`

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`Case 4:17-cv-02194 Document 1 Filed in TXSD on 07/18/17 Page 29 of 56
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`and cable gland product such as the Terminator II TMCX CHICO LiquidSeal Cable Gland
`
`Products (“the Crouse-Hinds CHICO LiquidSeal Cable Gland Products”).
`
`99.
`
`Crouse-Hinds also infringes at least Claims 1, 3, 5, 11-15, 17, 19, and 25-28 of
`
`the ‘133 Patent by making, using, offering for sale, selling and/or importing a liquid bulk product
`
`in connection with cable gland products. (“The Crouse-Hinds Bulk LiquidSeal Product”).
`
`Direct Infringement
`
`100. The Crouse-Hinds LiquidSeal Cable Gland Products directly and literally infringe
`
`at least Claim Nos. 1, 2, 3, 5, 9, 11-17, 19, 23, and 25-28 of the ‘133 Patent within the meaning
`
`of 35 U.S.C. § 271(a).
`
`101. The Crouse-Hinds Bulk LiquidSeal Product