Marking and Standing Issues Raised in Core Optical Campaign

September 10, 2021

Inventor-controlled Core Optical Technologies LLC has filed suit against Acacia Communications (8:21-cv-01473), which Cisco acquired earlier this year. Cisco is already a defendant in Core Optical’s campaign, as are ADVA, Juniper Networks, and Nokia, as well as multiple customers of the optical networking systems and hardware of each. The customer suits have been stayed, but the cases against the four providers have proceeded apace over the summer, with claim construction briefing complete, a motion to disqualify mooted by a swap of litigation counsel, and multiple motions to dismiss for lack of standing filed, alleging that “Core Optical never had rights in the [sole asserted] patent. Instead, TRW (now Northrop Grumman) owned the [] patent entirely at the outset by operation of the TRW assignment agreement”.

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