Capella Photonics, Inc. v. Cisco Systems, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CAPELLA PHOTONICS, INC., Case No. 14-cv-03348-EMC

Plaintiff,

ORDER DENYING DEFENDANTS’

v. MOTION FOR RELIEF AND

AWARDING COSTS

CISCO SYSTEMS INC, et al., Docket No. 227 Defendants.

12 13 I. INTRODUCTION Plaintiff Capella Photonics, Inc. brought patent infringement claims against four Defendants. In 2014, one of the Defendants filed a petition with the Patent Trial and Appeal Board (“PTAB”) seeking institution of inter partes review on the challenged claims. After the claims were cancelled by the PTAB (an outcome affirmed by the Federal Circuit), this Court granted Plaintiff’s Motion to Dismiss Plaintiffs’ claims without prejudice and dismissed Defendant Ciena’s counterclaims without prejudice (on September 6, 2019). The Court also denied Defendants’ request to be declared prevailing parties and, as a result, declined to award Defendants statutory costs. See Docket No. 226. Following a decision by…