EXFO Inc. et al. v Viavi Solutions, Inc.
In this one I was engaged as a testifying expert for the plaintiff in an action for patent infringement in optical time-domain reflectometers (OTDRs) used for testing fibre-optic networks. As so often happens, the defendant petitioned the Patent Office for an inter partes review of the patents-in-suit, which I also assisted with. The most unusual feature of this one was the really ferocious protective order covering the defendants’ source code–it had to be printed on blue paper, one hard copy only, no soft copy, and kept locked in a steel cabinet at all times when not actively in use.
I did an extensive review of the relevant parts of the source code to identify infringing features, and wrote a declaration in claim construction. The case settled soon afterwards.