Walter Linder Discusses JDS Uniphase Corp.'s Successful Patent Petition in Law360

The Patent Trial and Appeal Board (PTAB) recently granted a petition submitted by Faegre Baker Daniels client JDS Uniphase Corp. to conduct America Invents Acts reviews over two patents issued to competitor Capella Photonics Inc. As detailed in Law360, the patents—which cover devices used in optical transmission networks—have already been the subject of IPR petitions submitted by companies including Fujitsu, Ciena and Coriant Operations, Inc. While Capella argued that JDS's petition should be dismissed as redundant to the aforementioned challenges, Walter Linder, Faegre Baker Daniels partner who represents JDS, said the PTAB notably granted the petition "without weighing in on that argument."

“From my review of the institution decisions, it did not even acknowledge, much less address, the [patent owner’s] redundancy positions,” Linder said.