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Intellectual Property
Patent Infringement
Willful Infringement

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

Robin M. Davis

David C. Radulescu

Tigran Vardanian

Christopher J. Cox
(Hogan Lovells US LLP)

Daniel Kesak


Defendant

Robert F. Kramer
(Dentons US LLP)

Joel N. Bock
(Dentons US LLP)

Russell S. Tonkovich

Jennifer D. Bennett
(Dentons US LLP)

Shailendra Maheshwari


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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