EMCORE prevails in patent appeal affirming jury verdict of willful infringement and award of lost profits
Clients EMCORE Corporation
Jones Day successfully represented plaintiff EMCORE Corporation in a patent infringement trial and subsequent appeal involving fiber optic technology for use in cable systems.
On January 26, 2011, the United States Court of Appeals for the Federal Circuit affirmed in full a jury verdict and substantial damages award entered in favor of the firm's client EMCORE against its competitor Optium. The appeal stemmed from a jury trial in which Jones Day secured a finding of willful infringement and an award of lost profits in the United States District Court for the Western District of Pennsylvania. In a prior, related case, the same Jones Day team obtained summary judgment with respect to Optium's claim of inequitable conduct, and an affirmance of that judgment on Optium's appeal to the Federal Circuit.
This victory brings to a close a multi-patent, multi-product case that included an eight-day jury trial and multiple appeals to, and affirmances by, the Federal Circuit.
The Jones Day team representing EMCORE includes Greg Castanias (who argued the appeals) from the Firm's Washington, D.C. office, Sasha Mayergoyz from the Chicago office, Sheryl Love from the Cleveland office, and Cecilia Dickson from the Pittsburgh office.
Emcore Corporation and JDS Uniphase Corporation (Plaintiffs-Appellees) v. Optium Corporation (Defendant-Appellant), Appeal No. 2010-1258