Judge Glenn Suddaby
PPC Broadband's '481 patent described a "Continuity Maintaining Biased Member" that covers coaxial cable connectors sold by PPC. Its Feb. 5, 2013, lawsuit alleged that the '481 patent was infringed upon by PerfectVision's SignaLoc connector. PerfectVision's Oct. 4, 2012, suit in federal court in Arkansas sought a declaration that its SignaLoc connector did not infringe any valid or enforceable claims of five PPC patents. On Feb. 5, 2013, it amended its complaint to seek a declaration that its SignaLoc connector does not infringe the '481 patent. Based on the "first-to-file" rule, district court dismissed PPC's patent infringement claim. It found no reason to conclude that PerfectVision intended to preempt PPC's infringement action. Moreover, no exception to the general rule—favoring first-filed actions where multiple suits involving the same claims are filed in different jurisdictions—justified favoring PPC's second-filed action. The "customer suit" exception did not apply. Nor was there any suggestion that PerfectVision—an Arkansas corporation—was forum shopping when it brought suit in Arkansas' Eastern District, which will decide the central issue of whether Perfect Vision's SignaLoc connector infringes PPC's '481 patent.
