Fiber, LLC v. Ciena Corporation, et al

Filing 52

ORDER granting 36 Motion to Reopen Case. ORDERED that this case is reopened. Signed by Judge Philip A. Brimmer on 11/02/15.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer

Civil Action No. 13-cv-00840-PAB-KLM
FIBER, LLC, a Wyoming limited liability company,
Plaintiff,
v.
CIENA CORPORATION, a Delaware corporation, and
CIENA COMMUNICATIONS, INC., a Delaware corporation,
Defendants.

ORDER

This matter is before the Court on the Unopposed Motion to Reinstate
Administratively Closed Case [Docket No. 36] filed by plaintiff Fiber, LLC. On July 18,
2013, pursuant to a joint motion by the parties, the Court administratively closed this
case pursuant to D.C.COLO.LCivR 41.2 pending the outcome of an inter partes
reexamination of the patents-in-suit by the United States Patent and Trademark Office
(“PTO”). See Docket No. 33. Plaintiff states that the PTO issued final decisions on the
relevant patent claims on December 5, 2014 and that the PTO’s decisions invalidated
some of the claims of the patents-in-suit, but left eight claims undisturbed. See Docket
No. 36 at 2, ¶ 4. As no party to the inter partes review has appealed the PTO’s
decision, plaintiff states that the basis for the Court’s prior order administratively closing
this case has now terminated. Id. at 2, ¶¶ 4-5. Plaintiff moves the Court to reopen this
case and indicates that its motion is unopposed.

The Court finds that there is good cause to reopen this case.
Accordingly, it is
ORDERED that plaintiff Fiber, LLC’s Unopposed Motion to Reinstate
Administratively Closed Case [Docket No. 36] is GRANTED. It is further
ORDERED that this case is reopened.

DATED November 2, 2015.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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