Finisar Corporation v. Nistica Inc.
Published: Oct. 29, 2016 | Result Date: Jun. 27, 2016 | Filing Date: Jan. 1, 1900 |Case number: 5:13-cv-03345-BLF Verdict – Defense
Court
USDC Northern
Attorneys
Plaintiff
Christopher J. Cox
(Hogan Lovells US LLP)
Defendant
Robert F. Kramer
(Dentons US LLP)
Joel N. Bock
(Dentons US LLP)
Jennifer D. Bennett
(Dentons US LLP)
Facts
Finisar Corp. filed an infringement lawsuit against Nistica Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed Nistica infringed six complex optics patents accusing hundreds of different "wavelength selective switches" that compete with Finisar's products. Finisar sought a permanent injunction, a finding of willful infringement, and a 30 percent royalty rate to effectively block Nistica from being able to compete in the optics switch market.
DEFENDANT'S CONTENTIONS:
Nistica denied that it infringed any of the patents-in-suit.
Result
Four of the patents were dismissed or dropped during litigation, including through motions for summary judgment and motions in limine, leaving only two disputed patents for trial. The first jury trial in May 2016 resulted in a unanimous verdict that Nistica does not infringe one patent, and a 7-1 deadlock in Nistica's favor on the second patent with the jury unable to find Finisar proved that Nistica infringes that patent. A retrial on the second patent in June 2016 resulted in a second verdict of noninfringement for Nistica. The court entered judgment in Nistica's favor and against Finisar with respect to all of the patents at issue and dismissed with prejudice all of Finisar's claims ordering that Finisar shall take nothing by this suit.
Other Information
FILING DATE: July 17, 2013.
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