TiniFiber, the exclusive manufacturer of U.S. patented and UL-listed TiniFiber Micro Armor Fiber™ optical cabling solutions, has announced a success in its parent company, Certicable’s, trademark and patent infringement lawsuit against Point to Point Communications, the company behind the NanoFiber brand.
On August 7, 2024, Judge Choudhury, of the United States District Court for the Eastern District of New York, issued an opinion and order dismissing all of Point 2 Point’s counterclaims with prejudice. The Court found that all rights in the patent-at-issue had been fully assigned to Certicable. In addition, the Court found that Point 2 Point’s owner, Roman Krawczyk, could be held personally liable for his alleged infringing conduct.
The case was filed with the E.D.N.Y in October 2023, with Certicable claiming Point 2 Point had “infringed and continue to infringe” patent 10,444,454, which relates to TiniFiber’s advanced armored flexible fiber optic cable assembly.
Certicable also brought a claim that Point 2 Point had infringed its TiniFiber trademark, stating Point 2 Point “distribute, advertise, market, and sell fiber optic cables ‘that incorporate the name NanoFiber’ to willfully and knowingly trade off of the goodwill that Certicable has developed in its “Tinifiber” mark”.
In response to these claims, Point 2 Point brought seven counterclaims, which included an ownership interest in the asserted patent. In her Opinion and Order ruling document dismissing all claims, Judge Choudhury stated “P2P lacks Article III standing to assert the correction of inventorship counterclaim”.
Commenting on the lawsuit, Tom Brown, TiniFiber’s Senior Vice President of Business Development and Sales, stated: “We are pleased with the Court’s dismissal of Point 2 Point’s counterclaims and trust that it will put an end to the misinformation that has been circulated by Point 2 Point. Certicable will vigorously enforce its valuable intellectual property and hold responsible those who pirate our technology.”
TiniFiber’s founder, chairman and former CEO, Christian A. Peterson III, added: “Certicable is not simply protecting its own rights by keeping unauthorized knockoffs out of the marketplace. Ultimately, it is the end-users that pay the price for unwittingly purchasing infringing products.”
The case continues. In addition to monetary damages, Certicable is seeking an injunction against use and sale of all Nanofiber products.