November 23, 2009 by Robert Tharp at 4:56:37 pm
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People love to bash the Eastern District's "Rocket Docket" as a plaintiff-friendly venue where defendants don't have a chance. The National Law Journal recently called it "ground zero" in the controversy over venue-shopping. Apparently someone forgot to tell the folks at Munck Carter, LLP.
The firm earned a hard-won defense factory late last week after jurors unanimously agreed that Plano, Texas, based Applied Optical Systems Inc. did not infringe on three patents owned by Amphenol Fiber Systems International. The verdict clears the way for AOS to continue manufacturing and distributing its copyrighted line of military specification complaint TFOCA-II style fiber optic connectors and trademarked EZ-MATE 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."
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