Qpsx Developments 5 Pty Ltd. v. Ciena Corporation et al, No. 2:07-cv-00118 (E.D. Tex. Mar. 28, 2011)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

I. BACKGROUND On April 9, 2007, plaintiff QPSX Developments 5 Pty Ltd. (“Plaintiff”) filed suit against, among others, defendant Ericsson, Inc. (“Defendant ”), alleging infringement of U.S. Patent No. 5,689,499 (the “’499 Patent”). Plaintiff presently a sserts Claim 1 – 3 of the ’499 Patent. The asserted claims of the ‘499 Patent were previously construed in QPSX Devs. 5 Pty Ltd. v. Juniper Networks, Inc., No. 2:05-CV-268-TJW, Dkt. No. 268 and 401. II.