Capella Photonics, Inc. v. Ciena Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CAPELLA PHOTONICS, INC., Case No. 20-cv-08628-EMC

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. PARTIAL MOTION TO DISMISS

CIENA CORPORATION, Docket No. 22 Defendant.

12 13 Plaintiff Capella Photonics, Inc. (“Capella”) has sued Defendant Ciena Corporation (“Ciena”) on two counts of patent infringement related to optical switching technologies for use in optical transmission networks. Docket No. 1. Ciena moves under Rule 12(b)(6) to dismiss with prejudice all claims of infringement by products made, purchased, offered for sale, used, or imported prior to March 17, 2020, the date the United States Patent & Trademark Office (“USPTO”) reissued the patents to Capella. Docket No. 22. Ciena seeks to limit Capella’s damages claim in this case to the period between March 17, 2020, and the expiration date of the patents (August 23, 2021). MTD at 2. I. BACKGROUND A. Factual Background …