M/A-COM Technology Solutions Inc of Lowell, MA, USA (which manufactures semiconductors, components, and subassemblies for RF, microwave and millimeter-wave applications) has filed a patent infringement suit in the US District Court for the Northern District of California against GigOptix Inc of San Jose, CA, USA (a fabless supplier of analog semiconductor and optical components for optical fiber and wireless networks).
The complaint alleges that GigOptix makes, uses, imports, offers to sell and/or sells in the USA electro-optics polymers containing chromophores that infringe two MACOM patents, including certain GigOptix Mach-Zehnder modulator products that GigOptix markets or promotes as containing 'Thin Film Polymer on Silicon (TFPS)' technology. MACOM is seeking injunctive relief barring the infringement, as well as monetary damages, including treble damages based on allegedly willful infringement by GigOptix, attorney's fees and costs of suit.
"MACOM has built a substantial patent portfolio through investment in innovation, and will defend that investment vigorously when required," says MACOM's optoelectronics product line manager Ray Moroney. "We look forward to a just resolution of this matter through the legal process."
GigOptix comments that the new lawsuit was filed without any prior demands or notice by MACOM to GigOptix, even though the GigOptix lawsuit in the Superior Court of Santa Clara County, California against MACOM, its subsidiary Optomai Inc (a fabless semiconductor firm that develops ICs and modules for 40Gbps and 100Gbps fiber-optic networks), and three of GigOptix' former employees (for misappropriation of confidential information and trade secrets and breach of the contractual and legal obligations to GigOptix of the former employees) is scheduled for a jury trial on 23 September, after the Superior Court has just denied motions filed by the defendants to stay the GigOptix lawsuit on the basis that certain individual defendants employed by MACOM and previously employed by GigOptix are being investigated by the US Attorneys' Office for the Northern District of California.
GigOptix says it has not been served with a copy of the complaint filed by MACOM, but intends to vigorously defend its innovations in various optical communication areas, including the use of polymer thin films for light modulation. After GigOptix has been served with a copy of the complaint, it will review the claims made by MACOM and assess its response.
