September 14, 2004 Columbia, MD -- Corvis Corporation today said that a series of orders issued on September 9, 2004, by the United States Court of Delaware in its ongoing litigation with Ciena Corporation will not affect the network or services of its Broadwing Communications subsidiary.
The Court denied Ciena Corporation's motion for an injunction on the "609" patent, which pertains to the use of certain types of transmitters and receivers in WDM systems. The Court granted Ciena Corporation's motion for injunction on the "309" patent against an inverse multiplexing product that is not used in the Broadwing network and that Corvis no longer sells. The Court also entered orders and judgments with respect to issues of validity and infringement reached by the juries in the three preceding trials.
"We continue to believe that we will ultimately prevail on all issues before the Court," said Corvis CEO, Dr. David R. Huber. "Until this litigation concludes, we will continue to focus on growing our business in compliance with Court orders," Dr. Huber said.
The company noted that procedurally the post-trial motion phase is next, and that appeals may follow. These phases may last up to a year or more. A damages trial, if necessary, will not be held until the completion of the appeals and any retrials.