Viavi Solutions Inc. v. Platinum Optics Technology Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 VIAVI SOLUTIONS INC., Case No. 21-cv-06655-EJD
Plaintiff, ORDER DENYING MOTION TO
DISMISS
v.
PLATINUM OPTICS TECHNOLOGY Re: ECF No. 169
INC.,
12 Defendant.
13 Before the Court is Defendant Platinum Optics Technology Inc.’s (“PTOT”) Motion to Dismiss Viavi Solutions Inc.’s Third Amended Complaint (“TAC”). ECF No. 169. For the below reasons, the Court DENIES PTOT’s Motion. I. BACKGROUND The Court has provided a background of the facts involved in this case in prior orders. See, e.g., ECF Nos. 142, 160 (“SAC Order”). The Court will repeat those facts necessary to resolve the pending motion. Viavi initiated this action arising under 35 U.S.C. § 271(b) on August 27, 2021, seeking a judgment that PTOT induced infringement of U.S. Patent Nos. 9,354,369 (the “’369 patent”)1; 9,588,269 (the “’269 patent”); and 10,222,526 (the “’526 patent”). On October 4, 2021, Viavi amended its…