Core Optical Technologies, LLC v. Juniper Networks, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CORE OPTICAL TECHNOLOGIES, LLC, Case No. 21-cv-02428-VC

Plaintiff,

ORDER DENYING DEFENDANT’S

v. MOTION TO DISMISS

JUNIPER NETWORKS INC, Re: Dkt. No. 90 Defendant.

Core Optical Technologies secured a patent to increase data transmission through fiber optic cables by decreasing signal interference, U.S. Patent No. 6,782,211 (’211 patent). It has sued several networking companies in the last decade, asserting both apparatus and method claims of the ’211 patent. In this action, Core Optical asserts only method claims, alleging that Juniper Networks infringed the ’211 patent by importing fiber optic devices configured to practice its patented methods. Juniper moves to dismiss the complaint, arguing primarily that because Core Optical failed to comply with the marking requirement, it cannot now seek damages under the Patent Act. See 35 U.S.C. § 287(a). But because Core Optical asserts only method claims in this litigation, Federal Circuit precedent permits damages. That precedent appears to be wrong, but this Court is stuck applying it. Juniper’s other arguments—that Core Optical…