Cisco Systems, Inc. v. Capella Photonics, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CISCO SYSTEMS, INC., Case No. 20-cv-01858-EMC
Plaintiff,
ORDER DENYING DEFENDANT’S
v. MOTION TO CERTIFY ORDER FOR
INTERLOCUTORY APPEAL
CAPELLA PHOTONICS, INC., Docket No. 53 Defendant.
12 13 Cisco Systems, Inc. (“Cisco”) sued Capella Photonics, Inc. (“Capella”) seeking a declaration of noninfringement of Cappela’s patents, and Capella counterclaimed for patent infringement. On August 21, 2020, the Court granted Cisco’s motion for judgment on the pleadings (the “Order”), concluding that Capella cannot seek damages for alleged infringement that took place prior to the reissue of the relevant patents. See Docket No. 48 (“Order”). Pending before the Court is Capella’s motion to certify this Court’s Order granting Cisco’s motion for judgment on the pleadings for interlocutory appeal under 28 U.S.C. § 1292(b). See Docket No. 53 (“Cert. Mot.”). For the following reasons, Cisco’s motion to certify is DENIED. …