Draka Comteq denies OFS, FENA patent suit allegations

August 17, 2007 -- Draka Comteq Americas has denied all allegations that it has infringed any patents owned by Furukawa Electric North America (FENA), owner of OFS Fitel.

August 17, 2007 -- Draka Comteq Americas, Inc., a joint venture of Alcatel-Lucent and Draka Holding NV and a manufacturer of optical fiber, fiber-optic cables, and copper communications cables, has formally responded to a lawsuit for alleged patent infringement filed against it in North Carolina Federal Court by Furukawa Electric North America (FENA), owner of OFS Fitel.

In its response, Draka Comteq Americas completely and categorically denied all allegations that it has infringed any patents owned by FENA. Draka also asserted counterclaims based on the unenforceability of the patents that FENA has asserted.

"Draka Comteq Americas is an industry leader in developing relevant intellectual property. As such, we take our position surrounding intellectual property, as well as our obligations as a good corporate citizen, very seriously," comments Jacques Blanc, chief operating officer of Draka Comteq. "Our response in the North Carolina lawsuit demonstrates our strong belief that Draka Comteq Americas has not infringed anyone's patent rights and that we will be totally vindicated in this proceeding."

Draka Comteq Americas has also filed a patent infringement case against FENA and its subsidiary, OFS Fitel, in the U.S District Court in Marshall, Texas. In that case, Draka identifies at least eight valid and enforceable U.S. patents that FENA and OFS Fitel infringe, and requests as a remedy both monetary damages and injunctive relief.

"Indeed, our review of this matter demonstrated that it was actually FENA and OFS Fitel -- and not us -- that were engaging in patent infringement, and that they were doing so by violating numerous Draka Comteq Americas patents," continues Blanc. "These improper acts of infringement necessitated our commencement of the lawsuit in Texas, where we are confident we will prevail."

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