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PIRELLI CABLE CORP. v. CIENA CORP.

CIV. A. No. 96-625 MMS.

988 F.Supp. 424 (1997)

PIRELLI CABLE CORPORATION, Plaintiff, v. CIENA CORPORATION, Defendant. CIENA CORPORATION, Counterclaim Plaintiff, v. PIRELLI CABLE CORPORATION, Pirelli S.p.A., and Pirella Cavi S.p.A., Counterclaim Defendants.

United States District Court, D. Delaware.

Opinion Granting Reargument in Part February 18, 1998.

Attorney(s) appearing for the Case

Robert W. Whetzel, Francis DiGiovanni, Richards, Layton & Finger, Wilmington, DE (Michael A. Epstein, Alan J. Weinschel, Steven D. Glazer, Daniel A. DeVito, Weil, Gotshal & Manges LLP, New York, NY, of counsel), for plaintiff and counterclaim defendants.

Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell (Albert E. Fey, W. Edward Bailey, A. Peter Adler, Fish & Neave, New York, NY, of counsel), for defendant and counterclaim plaintiff.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I. INTRODUCTION

Pirelli Cable Corporation ("Pirelli") filed a complaint against Ciena Corporation ("Ciena") alleging infringement of five of its United States Patents concerning fiber optic technology. See Docket Item ("D.I.") 1, at ¶ 1. Ciena answered Pirelli's complaint and brought a counterclaim for a declaratory judgment that the patents in suit are invalid and not infringed...

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