New Focus files counterclaims against Photonetics patent infringement lawsuit

September 29, 2001

2 Min Read

SAN JOSE, Calif. -- New Focus, Inc., (Nasdaq: NUFO), a leading supplier of innovative fiber-optic products for next-generation optical networks under the Smart Optics for Networks(TM) brand, today announced the company has filed counterclaims against Photonetics, Inc. and Photonetics, S.A. in response to the patent infringement lawsuit previously filed by these parties against New Focus on July 20, 2001. In its counterclaims filed on September 10, 2001 in the U.S. District Court in Wilmington, Delaware, New Focus charged Photonetics with the infringement of U.S. patents 5,319,668 and 5,995,521 related to the company's proprietary external cavity laser technology. New Focus is seeking damages and an injunction in connection with its counterclaims. In its court filing New Focus also denies Photonetics' allegation that New Focus infringes Photonetics' U.S. patent 5,594,744 and maintains that Photonetics' patent is invalid and unenforceable due to inequitable conduct by Photonetics before the United States Patent and Trademark Office. New Focus introduced its first external cavity tunable laser for spectroscopic test and measurement applications in 1992, approximately three years prior to the U.S. filing date of the Photonetics' patent. Since that time New Focus has developed a family of lasers that offer continuous or discrete tuning for use in applications ranging from metrology, spectroscopy, analytical chemistry, medical diagnostics and telecommunications. "New Focus has an extensive history of technical innovation in tunable external cavity lasers that began in the early 1990's and we actively protect our technical innovations through patents and other intellectual property rights. New Focus currently has over thirty five U.S. patents issued and numerous patent applications pending in the area of photonics technology, including external cavity laser technology. New Focus wholeheartedly respects the intellectual property rights of others and we expect the same respect in return. We believe that Photonetics' allegations are without merit and we intend to fight them vigorously. Additionally, we will aggressively pursue our counterclaims," said Dr. Timothy Day, chief technology officer of New Focus, Inc. New Focus Inc.

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