`571-272-7822
`
`
`
`
`Paper 28
`Entered: January 29, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`JDS UNIPHASE CORPORATION,
`Petitioner,
`
`v.
`
`CAPELLA PHOTONICS, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00731
`Patent RE42,368
`____________
`
`
`Before JOSIAH C. COCKS, KALYAN K. DESHPANDE, and
`JAMES A. TARTAL, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`DECISION
`Motion to Re-Caption the Proceeding
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`
`
`IPR2015-00731
`Patent RE42,368
`
`
`Petitioner filed a Motion to Re-Caption the Proceeding (Papers 21, 22
`(the “Motion”))1, having received prior authorization to file the Motion
`during a teleconference with the Board on January 15, 2016. Patent Owner
`did not oppose the Motion. The Motion is granted.
`This proceeding was initiated by JDS Uniphase Corporation
`(“JDSU”). Paper 1. During July and August, 2015, JDSU was reorganized
`such that certain assets and obligations associated with communications and
`commercial optical products were spun out to Lumentum Holdings Inc.,
`Lumentum, Inc. and Lumentum Operations LLC. Paper 22, 1–5. Petitioner
`states that Lumentum Operations LLC is owned by Lumentum Inc., a
`subsidiary of Lumentum Holdings Inc. Id. at 1. JDSU, which retained other
`business units unrelated to this proceeding, was renamed Viavi Solutions
`Inc. (“Viavi”). Petitioner states that Viavi owns approximately 20% of the
`shares of Lumentum Holdings Inc. Id. at 2. Additionally, certain preferred
`stock representing approximately 3% of Lumentum Holdings Inc.’s equity
`value was transferred to third party Amada Holdings, Co. Ltd. (“Amada”).
`Id. at 4.
`Petitioner states that neither Viavi nor Amada have exercised any
`control over, or have any involvement in funding or directing this
`proceeding, and that their minority shareholder status, alone, does not
`require that they be identified as a real party-in-interest to this proceeding.
`On September 15, 2015, Petitioner filed an updated mandatory notice
`
`
`1 At this time, a confidential version (Paper 21) and a redacted version
`(Paper 22) of the Motion are present in the record. For purposes of this
`Decision, we make reference only to the redacted version of the Motion.
`2
`
`
`
`IPR2015-00731
`Patent RE42,368
`
`identifying Lumentum Holdings Inc., Lumentum, Inc. and Lumentum
`Operations LLC as the real parties-in-interest to this proceeding. Paper 11.
`Based on the representations made by Petitioner in the Motion,
`Petitioner’s request to re-caption the proceeding is granted.
`Accordingly, it is:
`ORDERED that the Motion to Re-Caption the Proceeding is granted,
`
`and,
`
`FURTHER ORDERED that documents filed in the proceeding after
`entry of this order shall use the following caption:
`
`
`LUMENTUM HOLDINGS, INC., LUMENTUM, INC., and
`LUMENTUM OPERATIONS LLC,
`Petitioner,
`
`v.
`
`CAPELLA PHOTONICS, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00731
`Patent RE42,368
`____________
`
`
`
`
`
`3
`
`
`
`IPR2015-00731
`Patent RE42,368
`
`For PETITIONER:
`Walter C. Linder
`FAEGRE BAKER DANIELS LLP
`walter.linder@faegrebd.com
`
`For PATENT OWNER:
`Jason D. Eisenberg
`Robert Greene Sterne
`Jon E. Wright
`Nicholas J. Nowak
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`jasone-PTAB@skgf.com
`rsterne-PTAB@skgf.com
`jwright-PTAB@skgf.com
`nnowak-PTAB@skgf.com
`
`
`4
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