Munck Carter Obtains Complete Defense Verdict in Eastern District of Texas Patent Infringement Case
23 Novembre 2009 - 10:27PM
PR Newswire (US)
DALLAS, Nov. 23 /PRNewswire/ -- Munck Carter, LLP, a Texas-based
patent litigation firm, today announces a complete defense verdict
in a patent infringement case in the U.S. District Court for the
Eastern District of Texas, Fiber Systems International Inc. v.
Applied Optical Systems, Inc., (2:06-cv-00473). The verdict handed
down late last week by the 10-person jury follows U.S. District
Judge T. John Ward's earlier finding that two of the three
fiber-optic connector designs of Plano-based Applied Optical
Systems Inc. (AOS) (a subsidiary of Optical Cable Corporation
(NASDAQ:OCCF)) do not infringe U.S. Patent No. 6,305,849 owned by
Amphenol Fiber Systems International (a subsidiary of Amphenol
Corporation (NYSE:APH)) as a matter of law. The jury's unanimous
verdict found that the third design also did not infringe the '849
patent. "We are pleased that the court and the jury carefully
reviewed this case and agreed that Applied Optical Systems did
nothing wrong," says E. Leon Carter, name partner of Munck Carter,
LLP, and lead counsel for AOS. "We could not be happier for our
client, or prouder of our trial team." AOS also was represented at
trial by Munck Carter partners J. Robert Arnett II and Robert D.
McCutcheon. As a result of this verdict, AOS can continue to freely
manufacture and distribute its current line of military
specification (83526/16) compliant TFOCA-II® style fiber optic
connectors (e.g., TFOCA/16 CCAA10B31) and its EZ-MATE(TM)
connector. Amphenol, represented by Greenberg Traurig, first sued
AOS in November 2006 over the '849 patent, seeking monetary and
injunctive relief. As part of AOS' defense, Munck Carter sought
reexamination of the '849 patent in the U.S. Patent and Trademark
Office. During reexamination, Amphenol was forced to narrow its
claims and pursue damages only for products sold after March 31,
2009, the day the USPTO issued its re-examination certificate. "We
always believed that this case was about an industry leader using
its patent portfolio to restrain its competitors," says William
Munck, managing partner of Munck Carter. "Our initial defense
strategy was to narrow the patent's scope through the reexamination
and then show how AOS' connectors did not infringe the narrower
patent. The correct verdict was reached." Issues of inequitable
conduct before the USPTO and AOS' antitrust counterclaim are still
pending against Amphenol Fiber Systems. Munck Carter is a patent
litigation firm with offices in Dallas and Marshall, Texas. The
firm offers full-service counsel in the areas of complex
intellectual property litigation; intellectual property portfolio
development; corporate transactions and securities; and employment
law. Munck Carter represents clients from start-ups to Fortune
50(TM) companies. Trademarks: "TFOCA-II" is a registered trademark
of Amphenol Fiber Systems International. "EZ-MATE" is a trademark
of Applied Optical Systems Inc. For more information, contact Alan
Bentrup at 800-559-4534 or . DATASOURCE: Munck Carter, LLP CONTACT:
Alan Bentrup, 1-800-559-4534, , for Munck Carter, LLP Web Site:
http://www.munckcarter.com/
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