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ITC Affirms Initial Determination Finding in Favor of Avago Technologies in Parallel Fiber Optics Case

WASHINGTON, DC: The International Trade Commission affirmed an Initial Determination finding a violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in favor of Avago Technologies, upholding the validity of Avago's patents and finding that Emcore Corporation infringes Avago's intellectual property by importing and selling certain optoelectronics products used in optical communication systems.

The Initial Determination in favor of Avago Technologies was issued on March 12, 2010.  After a one-week hearing in November 2009, and post-hearing briefing, the ITC also rejected Emcore's invalidity and other defenses.

In March 2009, the ITC announced that it would take up Avago's complaint, which accused New Mexico-based Emcore of making fiber optic components that infringe Avago's U.S. Patent Numbers 5,359,447 and 5,761,229. Prior to the ITC matter, Avago sued Emcore for infringement of the patents in December 2008 in the U.S. District Court for the Northern District of California.

The ITC found that Avago patents cover parallel fiber optics products and components made and sold by Emcore and used for data communications for core routing and enterprise networking.

The Commission has determined not to review the subject Initial Determination. The Commission is seeking written submissions on the issues of remedy, the public interest and bonding.  The ALJ recommended an exclusion order to prevent further importation, and also recommended a cease and desist order to prevent Emcore from selling already imported infringing products.

Avago was represented by Novak Druce + Quigg LLP.  Jerry Schneider and John Vetter led the Firm’s trial team, supported by Aaron Levine, Katie Winstanley and Karen Kline.

Emcore was represented by Quinn Emanuel Urquhart Oliver & Hedges LLP and by Adduci Mastriani & Schaumberg LLP.

The case is In the Matter of Certain Optoelectronic Devices, Components Thereof and Products Containing the Same, case number 337-TA-669, in the U.S. International Trade Commission.