CommWorks Solutions Sues For Communications Patent Infringement

CommWorks Solutions, LLC  filed patent infringement complaints on Monday in the Southern District of New York against Mediacom Communications Corporation, a cable television provider, and RCN Telecom Services, an internet, cable, and telephone provider, alleging that the defendants infringe on the plaintiff’s communication, telecommunication, Wi-Fi and traffic routing-related patents.

The patents-in-suit are U.S. Patent Nos. 6,832,249 (the ’249 patent); 6,891,807 (the ’807 patent); 7,027,465 (the ’465 patent); 7,177,285 (the ’285 patent); 7,463,596 (the ’596 patent); 7,760,664 (the ’664 patent); 7,911,979 (the ’979 patent); 8,116,315 (the ’315 patent); and RE44,904 (the ’904 patent). According to the complaint, CommWorks “is the assignee and owner of the right, title, and interest in and to the Patents-in-Suit.” Additionally, CommWorks stated that it notified the defendants regarding their purported infringement of the patents-in-suit and provided sample claim charts.

For example, Mediacom allegedly infringed the’249 patent by “providing services to its customers that make, use, offer to sell, sell in the United States or import into the United States the Ciena devices that run Service Aware Operating System (SAOS), under, for example, Mediacom’s ‘Extream’ brand, as well as all other  equipment utilizing substantially similar methods of providing broadband communications over a multi-layered network used by Mediacom to provide services to its customers.”

Specifically, CommWorks averred that Mediacom infringed at least claim 11 of the ’249 patent through its accused products, “which perform a method for providing broadband communications over a multi-layered network having a plurality of Open System Interconnection (OSI) reference model layers functioning therein.” According to the complaint, “The Mediacom network consist of the Optical Multiservice Edge 6500 equipment,” and “The 6500 Packet-Optical Platform…is a Multi-port, multi-protocol system designed by Ciena.” The Ciena devices allegedly run “SAOS supporting IEEE 802.3ah…functioning over a plurality of the OSI reference model layers.” Furthermore, the method to provide “broadband communications over a multi-layered network of each of the Accused Products and Services comprises monitoring at least one OSI reference model layer functioning in the multi-layered network” as described in the patent. Consequently, CommWorks claimed that Mediacom infringed the ’249 patent. For this patent, RCN’s allegedly infringing product includes its Juniper devices that run on Juno OS and, according to the plaintiff, utilize the patented method to provide “broadband communications over a multi-layered network” to bring service to RCN’s customers.

The remaining patents-in-suit relate to Wi-Fi enabled modems, routers, and services, as well as methods of routing traffic to provide services. CommWorks’s allegations against RCN Telecom for infringing the patents-in-suit are similar to the allegations against Mediacom.

CommWorks has sought declaratory judgment in its favor, an order permanently enjoining the defendants from further infringement, an award for damages, an award for costs and fees, and other relief. CommWorks is represented by Kheyfits Belenky LLP.

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