On September 8, 2021, Core Optical Technologies, LLC (“Plaintiff” or “Core”), represented by Lawrence M. Hadley of Glaser Weil Fink Howard Avchen and Shapiro LLP filed an intellectual property lawsuit against Acacia Communications, Inc. (“Defendant” or “Acacia”), seeking monetary damages and such other relief for the alleged infringement of the United States Patent owned by the plaintiff. This case was filed in the United States District Court in the Central District of California.
This is an action for patent infringement by the defendant of the United States Patent No. 6,782,211, entitled “Cross Polarization Interface [sic] Canceler” (“the ’211 patent”) (“the Asserted Claims”).
In the complaint, the plaintiff alleged that, “Acacia has directly infringed the Asserted Claims of the ’211 Patent by performing all of the steps of those claims within the U.S., either itself, through intermediaries, or in conjunction with joint venturers and/or customers. Specifically, on information and belief, Acacia has performed all of the steps recited in each Asserted Claim, either personally, through intermediaries, or in conjunction with joint venturers and/or customers, by operating optical receiver systems incorporating the Accused Instrumentalities within the U.S. Such operation necessarily performs all of the steps recited in those claims.”
The plaintiff also alleged that, “Acacia actively induced infringement of the Asserted Claims by selling the Accused Instrumentalities to one or more customers in the U.S., along with documentation and instructions demonstrating how to use the devices as part of optical receiver systems to infringe the claims, and by providing service, maintenance, support, and other active assistance to its customers in using the Accused Instrumentalities in the United States.”
Further, the plaintiff alleged that, “Acacia has committed contributory infringement by selling, offering to sell and/or importing into the United States the Accused Instrumentalities. As shown in Paragraphs 16-21 supra, the Accused Instrumentalities constitute or contain a “DSP ASIC” which performs cross-polarization interference mitigation on polarization-multiplexed optical signals. A dual-polarization optical system that contains the “DSP ASIC” practices all the elements of, inter alia, claim 33.”
There are three claims for relief laid down by the plaintiff, one each for the infringement of the Asserted Patent.
In the prayer for relief, the plaintiff has requested the court to pass a judgment that Defendant has infringed the claims of the Asserted Patent along with an award of damages under 35 U.S.C. § 284. The plaintiff also requests further damages up to three times the amount assessed under 35 U.S.C. § 284. The plaintiff also requested the court to pass an award of enhanced damages and declare this an exceptional case within the meaning of 35 U.S.C. § 285, and provide attorneys’ fees, expenses, and costs incurred in this action and such other and further relief as the court deems just and proper.
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8:21-CV-01473
09/08/2021
Pending - Other Pending
Intellectual Property - Patent
John A. Kronstadt
Rozella A. Oliver
Core Optical Technologies, LLC
Acacia Communications, Inc.
Lawrence M. Hadley
Attorney at Glaser Weil Fink Howard Avchen and Shapiro LLP
10250 Constellation Boulevard 19Th Floor
Los Angeles, CA 90067
Lawrence Robert LaPorte
Attorney at Lewis Brisbois Bisgaard and Smith LLP
633 West 5Th Street Suite 4000
Los Angeles, CA 90071
Stephen Underwood
Attorney at Glaser Weil Fink Howard Avchen and Shapiro LLP
10250 Constellation Boulevard 19Th Floor
Los Angeles, CA 90067
(#12) STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (tj) (Entered: 09/14/2021)
(#11) ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 8:19-cv-02189-JAK-(RAOx). Case transferred from Judge Cormac J. Carney and Magistrate Judge John D. Early to Judge John A. Kronstadt and Magistrate Judge Rozella A. Oliver for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:21-cv-01473-JAK-(RAOx). Signed by Judge John A. Kronstadt (dve) (Entered: 09/13/2021)
Exhibit 27
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Exhibit 1
Main Document
Docket(#12) STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (tj) (Entered: 09/14/2021)
[-] Read LessDocket(#11) ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 8:19-cv-02189-JAK-(RAOx). Case transferred from Judge Cormac J. Carney and Magistrate Judge John D. Early to Judge John A. Kronstadt and Magistrate Judge Rozella A. Oliver for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:21-cv-01473-JAK-(RAOx). Signed by Judge John A. Kronstadt (dve) (Entered: 09/13/2021)
[-] Read LessDocket(#10) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Acacia Communications, Inc. (et) (Entered: 09/09/2021)
[-] Read LessDocket(#9) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) (Entered: 09/09/2021)
[-] Read LessDocket(#8) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 09/09/2021)
[-] Read LessDocket(#7) NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge John D. Early. (et) (Entered: 09/09/2021)
[-] Read LessDocket(#6) NOTICE of Related Case(s) filed by Plaintiff Core Optical Technologies, LLC. Related Case(s): 20-cv-1468-JAK-RAO, 20-cv-1463-JAK-RAO, 8:19-cv-02190-JAK-RAO, 8:21-cv-00046-JAK-RAO, 8:21-cv-00049-JAK-RAO, 21-cv-00789-MCS-RAO, 12-cv-01872-AG-JPR, 6-cv-00437-AG-JPR, 17-cv-00548-AG-JPR, (Hadley, Lawrence) (Entered: 09/08/2021)
[-] Read LessDocket(#5) REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Core Optical Technologies, LLC. (Hadley, Lawrence) (Entered: 09/08/2021)
[-] Read LessDocket(#4) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,, #1 filed by Plaintiff Core Optical Technologies, LLC. (Hadley, Lawrence) (Entered: 09/08/2021)
[-] Read LessDocket(#3) NOTICE of Interested Parties filed by Plaintiff Core Optical Technologies, LLC, identifying Core Optical Technologies, LLC. (Hadley, Lawrence) (Entered: 09/08/2021)
[-] Read LessDocket(#2) CIVIL COVER SHEET filed by Plaintiff Core Optical Technologies, LLC. (Hadley, Lawrence) (Entered: 09/08/2021)
[-] Read LessDocket(#1) COMPLAINT Receipt No: ACACDC-31948278 - Fee: $402, filed by Plaintiff Core Optical Technologies, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30) (Attorney Lawrence M. Hadley added to party Core Optical Technologies, LLC(pty:pla))(Hadley, Lawrence) (Entered: 09/08/2021)
[-] Read Less