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Marking and Standing Issues Raised in Core Optical Campaign
New Patent Litigation
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”.
September 10, 2021
“Customer Suits” Piling Up in Core Optical's Fiber Optics Networking Campaign
New Patent Litigation
In April 2021, Core Optical Technologies LLC rounded out its set of lawsuits against manufacturers of optical networking systems and hardware—ADVA, Cisco, Juniper Networks, and Nokia—with two more customer suits. Core Optical filed a suit against Alphabet (Google), Apple, AT&T, Bloomberg, Equinix, and Verizon (5:21-cv-03075), all alleged customers of Juniper Networks, in the Northern District of California, to which an earlier Central District of California suit against Juniper was recently transferred. Core Optical also filed a case against AT&T, Charter Communications, Comcast, Google, Microsoft, and Verizon (8:21-cv-00789), all alleged customers of Cisco, back in the Central District. At this point, the entire campaign centers around the alleged infringement of certain method claims of a single expired patent.
May 5, 2021
Alleged Customers of Fiber Optics Products Targeted in New Core Optical Cases
New Patent Litigation
Having recently survived a motion challenging prior claims against Juniper Networks and Nokia, inventor-controlled Core Optical Technologies, LLC has made clear in its new Central District of California complaints—against Alphabet (Google), Apple, CenturyLink (d/b/a Lumen Technologies), Comcast, Cox Communications, Nokia (Alcatel Submarine Networks), and Zayo Group (8:21-cv-00046); and both Amazon and Lumen Technologies (8:21-cv-00049)—that it is asserting only method claims of the single patent-in-suit. That patent generally relates to separating multiple optical signals (“waveforms”) on the same frequency using a cross-polarization interface canceler technique. Core Optical accuses the defendants in the -46 case of infringement through the use of products already identified in a prior suit filed directly against Nokia, while the plaintiff targets in the -49 case the defendants’ alleged use of products previously identified in a suit against ADVA.
January 15, 2021
Core Optical Sues ADVA and Cisco, as Court Weighs Marking Challenges in Earlier Suits
New Patent Litigation
In early July, Judge A. Kronstadt of the Central District of California took under submission multiple early motions, filed separately by Juniper Networks and Nokia, in cases brought against them by inventor-controlled Core Optical Technologies, LLC in November 2019. Among other things, each defendant moved to dismiss the complaint against it for failure to plead satisfaction of the marking requirements under Section 287 by prior licensees Fujitsu, Ciena, and Infinera. As the parties await Judge Kronstadt’s rulings, Core Optical has filed two new cases in the same district, one each against ADVA Optical Networking (8:20-cv-01463) and Cisco (8:20-cv-01468).
August 9, 2020
Battle-Tested Fiber Optic Networking Patent Asserted in Two More California Suits
New Patent Litigation
Inventor-controlled Core Optical Technologies, LLC has revived its sole litigation campaign, suing Juniper Networks (8:19-cv-02189) and Nokia (8:19-cv-02190) in separate Central District of California complaints. The cases were filed roughly two months after a settlement between Core Optical and Infinera led to the dismissal of the last active case in the campaign. The same patent, generally related to separating multiple optical signals (“waveforms”) on the same frequency using a cross-polarization interface canceler technique, is asserted, with infringement allegations targeting the defendants’ products containing dual polarization coherent optical receivers.
November 12, 2019
Inventor-Led Fiber Optics Campaign Tags Fujitsu
New Patent Litigation
Just over a year after its first (and only other) case settled, Core Optical Technologies, LLC has asserted the same patent (6,782,211) against Fujitsu (8:16-cv-00437). The ‘211 patent generally relates to cross-polarization cancelers in fiber optic networks. The defendant’s products containing dual polarization coherent optical receivers are accused of infringement.
March 10, 2016