Oyster Optics, LLC v. Ciena Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 OYSTER OPTICS, LLC, Case No. 21-cv-02241-JSW

Plaintiff,

ORDER GRANTING, IN PART, AND

v. DENYING, IN PART, MOTION TO

DISMISS AND SETTING INITIAL

CIENA CORPORATION, CASE MANAGEMENT CONFERENCE Defendant. Re: Dkt. No. 23

12 Now before the Court for consideration is the motion to dismiss filed by Defendant Ciena Corporation (“Ciena”). The Court has considered the parties’ papers, relevant legal authority, and the record in this case and in the related case, Oyster Optics, LLC v. Ciena Corporation, No. 17- cv-5920-JSW (“Oyster I”). The Court HEREBY GRANTS, IN PART, AND DENIES, IN PART, Ciena’s motion. BACKGROUND This is the third lawsuit between Plaintiff Oyster Optics LLC (“Oyster”) and Ciena that is pending before the undersigned. Oyster filed Oyster I in the United States District Court for the Eastern District of Texas, and it was transferred to this Court in 2017. (See Oyster…