Having recently survived a motion challenging prior claims against Juniper Networks and Nokia, inventor-controlled Core Optical Technologies, LLC has made clear in its new Central District of California complaints—against Alphabet (Google), Apple, CenturyLink (d/b/a Lumen Technologies), Comcast, Cox Communications, Nokia (Alcatel Submarine Networks), and Zayo Group ( 8:21-cv-00046); and both Amazon and Lumen Technologies ( 8:21-cv-00049)—that it is asserting only method claims of the single patent-in-suit. That patent generally relates to separating multiple optical signals ("waveforms") on the same frequency using a cross-polarization interface canceler technique. Core Optical accuses the defendants in the -46 case of infringement through the use of products already identified in a prior suit filed directly against Nokia, while the plaintiff targets in the -49 case the defendants' alleged use of products previously identified in a suit against ADVA.
The asserted patent (6,782,211) has expired. Each complaint seeks damages allegedly incurred between six year prior to filing and November 4, 2019, the date of expiration. Core Optical asserts method claims 30, 32, 33, 35, and 37. Juniper and Nokia each attacked Core Optical's earlier pleading for failure to allege marking, in response to which Core Optical filed amended complaints asserting only method claims and arguing in opposition to renewed motions to dismiss that no such marking is required where only method claims are at issue. District Judge John A. Kronstadt of the Central District of California agreed in early October 2020, denying a motion to dismiss on failure to mark grounds while dismissing Core Optical's indirect infringement claims, without prejudice, and deferring resolution of motion to dismiss for lack of personal jurisdiction over Nokia Corp. itself to await the completion of "narrowly-tailored jurisdictional discovery".
Now, Core Optical has targeted Nokia and ADVA customers in these new standalone suits, which join the litigation already in progress against ADVA, Cisco, Juniper, and Nokia, all in the Central District of California. The three earliest suits in the campaign, active from October 2012 through July 2018, hit Ciena, Fujitsu, and Infinera. More about those first salvos in this campaign, including a couple of claim construction rulings and activity before the Patent Trial and Appeal Board, can be read at " Core Optical Sues ADVA and Cisco, as Court Weighs Marking Challenges in Earlier Suits" (August 2020).
The '211 patent issued to sole named inventor Mark T. Core in August 2004 with estimated priority date in November 1998. Core assigned the patent to Core Optical in August 2011, about three months after that entity's formation in California in May 2011. According to the NPE's complaints, Core received his PhD in electrical and computer engineering from UC Irvine. He is identified as the CEO and president of Core Optical. In its first complaint, filed against Ciena in October 2012, Core Optical disclosed Mark T. Core as a nonparty having an interest in the outcome of the litigation, but in subsequent disclosures the NPE has not so identified Core, or any other such nonparties.
Core Optical cites as evidence of many of the new defendants' use of either the ADVA or Nokia fiber optic products the LinkedIn pages of employees of the defendants, which allegedly identify as part of their responsibilities use of the accused products. 1/11, Central District of California.
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