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28 February 2007


Emcore expands patent lawsuit against Optium

Emcore Corp of Somerset, NJ, USA has filed papers in the US District Court for the Western District of Pennsylvania seeking to extend the scope of its patent infringement action against Optium Corp of Horsham, PA, USA to include one additional patent and an additional product line.

Founded in September 2000, Optium’s CEO Eitan Gertel and senior VP of engineering Mark Colyar both came from JDSU's transmission subsystems division. The firm manufactures optical subsystems (including transceivers and transmitters) for telecom and cable TV networks.

Emcore asserts that Optium’s 1550nm externally modulated transmitters and 1550nm quadrature amplitude modulation (QAM) transmitters infringe three of Emcore’s licensed patents: US patents 6,282,003 and 6,490,071 (both titled ‘Method and apparatus for optimizing SBS performance in an optical communication system using at least two phase modulation tones’) and US patent 6,519,374 (titled ‘Predistortion arrangement using mixers in nonlinear electro-optical applications’).

Last September Emcore and JDS Uniphase Corp filed a lawsuit alleging violation by Optium’s Prisma II 1550nm transmitters of US patents 6,282,003 and 6,490,071. Both patents were originally owned by JDSU (awarded to Uniphase in 2001 and JDSU in 2002, respectively), but were transferred when Emcore bought JDSU’s CATV business in May 2005.

“Emcore continues to put considerable resources into developing unique technologies that are key to transmission of video, voice and data, and which support Emcore’s stature in the CATV market,” says president and chief technology officer Dr Hong Q. Hou. “Similarly, we will deploy considerable resources to ensure that our intellectual property is respected. We believe that Optium has infringed on several of our licensed patents and we will aggressively pursue any misuse of our intellectual property by Optium or any other companies and individuals,” he said.