New Focus Countersues Photonetics on Patent Infringement

SAN JOSE, Calif., Oct. 01 -- New Focus Inc., (Nasdaq: NUFO - news), a supplier of fiber optic products under the Smart Optics for Networks brand, has filed counterclaims against Photonetics Inc. and Photonetics S.A. in response to the patent infringement lawsuit previously filed by these parties against New Focus on July 20, 2001. In its counterclaims filed on September 10, 2001 in the US District Court in Wilmington, Delaware, New Focus charged Photonetics with the infringement of US patents 5,319,668 and 5,995,521 related to the company's proprietary external cavity laser technology.

New Focus is seeking damages and an injunction in connection with its counterclaims. In its court filing New Focus also denies Photonetics' allegation that New Focus infringes Photonetics' US patent 5,594,744 and maintains that Photonetics' patent is invalid and unenforceable due to inequitable conduct by Photonetics before the United States Patent and Trademark Office.