Lambda Optical Solutions, LLC v. Alcatel-Lucent USA Inc., et al., C.A. No. 10-487-RGA-CJB, August 7, 2015

Burke, M.J.  Report and Recommendation that (1) Defendants’ Lambda and LOS’s motion to exclude opinions of Dr. Wayne Knox be denied as moot; (2) that defendant Tzathas’ motion for summary judgment be denied; and (3) that the response and motions regarding the redacted version and disclosures in the expert report of Melissa A. Bennis be denied as moot.

The patent-in-suit is entitled” Node Architecture for Modularized and Reconfigurable Optical Networks.” 

1. The Knox opinions are relevant only to counterclaims which have already been resolved and are therefore moot.
2. Defendant Tzathas’ motion that the court lacks personal jurisdiction  over him has already been decided and is barred by law of the case doctrine.  With respect to the inequitable conduct counterclaim, although he asserts that he did not participate in the prosecution of the patent-in-suit, he was an inventor and at a minimum a material dispute of fact remains as to whether he was engaged in inequitable conduct because of his duty to the Patent office.
3. The motion relating to the expert Bennis is also moot.