Netcomm Wireless settles Corning’s patent suit over NBN tech
Intellectual Property June 18, 2018 3:16 pm By Christine Caulfield | Melbourne

NetComm Wireless has settled a suit brought by Corning Optical Communications alleging broadband technology used in the National Broadband Network rollout infringes on an innovation patent.

The broadband tech company revealed the settlement with Corning Optical in an announcement to the Australian Stock Exchange on Thursday.

Details of the deal are confidential but NetComm said it would not have a material impact on its financials.

Corning Optical, a subsidiary of US glass giant Corning, sued NetComm in Federal Court in October, alleging NetComm’s distribution point unit — used in the NBN’s fibre-to-the-curb rollout — infringed a recently obtained Australian patent.

In a statement announcing the action, NetComm claimed the patent was invalid “for numerous reasons”. The company also argued its technology did not infringe the patent.

“NetComm Wireless regards the claims made by Corning as lacking merit, and will vigorously defend the claims made against it,” the company said at the time.

Despite the lawsuit, NetComm’s contract with the NBN Co. remained in place, the company said.

Corning, which manufacturers the Gorilla Glass found in every mobile phone, had sought an injunction and damages against Australia-based NetComm.

The settlement resolves both Corning’s infringement claims and NetComm’s cross-claims of invalidity.

A spokesperson for Corning did not immediately respond to a request for comment Monday.

Corning is represented by Herbert Smith Freehills.

NetComm is represented by Maddocks Lawyers.

The case is Corning Optical Communications Pty Ltd v NetComm Wireless Ltd.

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Christine Caulfield

Christine Caulfield has been a journalist for 18 years. She was most recently the Co-Managing Editor at US legal news publication Law360. Prior to that she worked as the County Court reporter for The Herald Sun. She is Co-Founder and Editor of Lawyerly.