Oyster Optics, LLC v. Ciena Corporation, AT&T, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division OYSTER OPTICS, LLC, Case No. 20-cv-02354-JSW(LB)

Plaintiff,

DISCOVERY ORDER

v. Re: ECF No. 90 CIENA CORPORATION, Defendant. 16 INTRODUCTION In this patent-infringement case, the parties dispute whether Ciena must produce technical documents and revenue-and-sales information about its “non-WaveLogic 5 Nano” products. In its infringement contentions, Oyster identified certain products but charted only the WaveLogic 5 Nano as a representative product. Oyster contends that its contentions are sufficient to compel the discovery. Ciena counters that they are not because the charted product is a newly released, low- volume product that is meaningfully different from the uncharted products.1 Oyster did not meet its burden to show that the charted product is representative. It is too late to amend the infringement contentions because Oyster was not diligent, and Ciena would be…