Optium Corp. (Nasdaq: OPTM) isn't letting a JDSU (Nasdaq: JDSU; Toronto: JDU) lawsuit derail its IPO train, even though a similar suit is being cited as the primary reason for the recent demise of Metconnex .

Optium's pricing date -- the day the IPO would launch -- is listed as Oct. 26. That's subject to change up until the last minute, but it's a sign that Optium isn't backing down.

After Optium filed its S-1 form with the SEC, JDSU and Emcore Corp. (Nasdaq: EMKR) jointly sued the startup, claiming infringement of patents related to 1550nm transmitters. (See JDSU, Emcore Sue Optium.)

All this is happening at a time when JDSU is being accused of abusing the legal system to bury Metconnex, a startup that laid off nearly all its staff last month. (See Competition Kills Metconnex.)

Rival startup CoAdna Photonics Inc. was quick to claim credit for Metconnex's woes. But a story in the Oct. 12 Ottawa Citizen describes how Metconnex couldn't cope with the weight of a JDSU patent suit filed in July 2005. The article notes that the process might have been sped up by legal pressure -- or implied pressure -- from JDSU on Metconnex's suppliers.

Optium, like Metconnex, was created by former JDSU staffers who left to continue work similar to that they'd pursued at JDSU.

JDSU officials declined to comment on the Ottawa Citizen story.

Optium, which has been media-shy throughout its short life, seems undaunted by the suit. In updates to its S-1 filing last wek, Optium tries to point out that the product in question isn't a big piece of the pie.

"During the fiscal year ended July 29, 2006, sales of our 1550 nm HFC externally modulated transmitter represented less than 5% of our revenues," the S-1 reads.

For the year ended July 29, Optium reported $69.5 million in revenues and net losses of $8.1 million, or $3.68 per share, according to the S-1.

The document doesn't have much else to add to the bare description of the lawsuit: "Since discovery has not yet commenced, we are unable to determine the ultimate outcome of this litigation."

Optium anticipates selling 5.2 million shares at $13.50 to $15.50 apiece, which would raise the company between $70.2 million and $80.6 million, down from initial estimates of $100 million. (See Optium Files for $100M IPO.)

— Craig Matsumoto, Senior Editor, Light Reading