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.