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Corning Incorporated: settlement in FiberCore patent case

9 April 1998: US-based Corning Incorporated announced the termination of a patent infringement suit which the company filed on 16 January 1998 against FiberCore, Inc. (see GlassOnline report of 22 Jan…

9 April 1998: US-based Corning Incorporated announced the termination of a patent infringement suit which the company filed on 16 January 1998 against FiberCore, Inc. (see GlassOnline report of 22 January 1998). In the suit, Corning alleged that FiberCore had infringed Corning“s US patent 4,339,173, which relates to optical fibres containing phosphorous and germania. Under the terms of the settlement, FiberCore acknowledged that it had offered for sale and had supplied limited quantities of optical fibre covered by the Corning patent in both the US and Canada. In addition, FiberCore agreed that the Corning patent was valid and enforceable and that it would not, prior to the expiration of the patent, make, sell, offer to sell, or supply infringing fibre to others. Sale to AT&T and the US Government is allowed, since each had been previously licensed under the Corning patent. In return, Corning agreed to dismiss the litigation, and because the quantities of fibre supplied by FiberCore were limited and were for evaluation purposes only, Corning agreed not to seek damages from FiberCore. Additional terms of the agreement were not disclosed. “We are pleased this issue has been resolved so quickly, that the validity of Corning“s patent has been affirmed, and that the patent-infringement activity outlined in this case will now end,” said Wendell Weeks, Corning“s senior vice president for Opto-Electronics. “Our intellectual property is a very important part of our business and we are determined to fully assert our legal rights wherever and whenever necessary in order to protect this valuable asset.”

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