Appeals Court Favors Cox in Patent-Infringement Case

The 9th U.S Circuit Court of Appeals issued a verdict in favor of Cox Communications Monday in a patent-infringement lawsuit brought by Cambrian Science Corp. In the original case, heard in U.S. District Court in the Central California, the court said Cox didn't infringe on U.S. Patent No. 6,775,312 which deals with components of a photonic integrated circuit used in fiber cables. Cambrian claimed Cox's Generations 1, 2 and 3 photonic integrated circuits violated the patent it currently holds. After the District Court judgment, Cambrian appealed the ruling only as it pertained to the Generation 2 circuit and the court's interpretation of the patent language. The dispute came down to the difference between an active waveguide coupler, which consists of material that can add gain to the optical signal, and a passive coupler, which is made of material that can't boost the signal. The 9th Circuit determined that Cox's Generation 2 device didn't satisfy the claim construction of an active coupler, and thus upheld the District Court's judgment of noninfringement. Cox declined to comment on the ruling and Cambrian couldn't be reached.