Capella Photonics, Inc. v. Cisco Systems, Inc.
Opinion
Lead Opinion
Chen, J.
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO STRIKE AND GRANTING PLAINTIFF’S MOTION TO DISMISS
Plaintiff Capella Photonics filed suit against Cisco Systems, Fujitsu Network Communications (collectively “Defendants”), and two other parties alleging infringement of U.S. Patent Nos. RE42,368 (the '368 patent) and RE 42,678 (the '678 patent). See, e.g., Docket No. 30 (First Amended Complaint Against Cisco). Both Cisco and Fujitsu answered Capella’s complaint, and both assert inequitable conduct as an affirmative defense. Docket No. 108 (Cisco’s Amended Answer and Counterclaims) (hereafter CAAC); No. 14-ev-3349, Docket No. 23 (Fujitsu’s Answer) (hereafter FA). 1 Cisco also brought a counterclaim against Capella for alleged violation of California’s Unfair Competition Law (UCL) related to the filing of this lawsuit. CAAC at 22; Cal. Bus. and Prof. Code § 17200 et seq.
Capella now moves to strike Defendants’ largely identical inequitable conduct defenses, and to dismiss Cisco’s UCL counterclaim. Docket Nos. 115, 116. For the reasons discussed below, the Court grants Capella’s motions to strike in part and denies them in part. Capella’s motion to dismiss is granted…