Commission Declines Review of Final ID Finding Violation of Section 337, Requests Submissions Regarding Remedy, Bonding, and Public Interest
The ITC issued notice that it will not review a final ID of finding a violation of section 337 in Inv. No. 337-TA-669, In the Matter of Certain Optoelectronic Devices, Components Thereof, and Products Containing the Same, and requested written submissions regarding remedy, bonding, and the public interest.
The complaint alleges violations of section 337 by reason of infringement of certain claims of U.S. Patent Nos. 5,359,447 and 5,761,229. Complainants are Avago Technologies Fiber IP (Singapore) Pte. Ltd. of Singapore; Avago Technologies General IP (Singapore) Pte. Ltd. of Singapore; and Avago Technologies Ltd. of San Jose, California. The sole Respondent is Emcore Corporation.
In his final ID, dated March 12, 2010, the ALJ found that Emcore violated section 337 by infringing one or more of claims 1, 2, 3, and 5 of the ‘447 patent. The ALJ found no violation of section 337 with respect to the ‘229 patent. Emcore and the IA filed petitions for review of the final ID on March 29, 2010. The Commission determined not to review the final ID, but requested written submissions from parties to the investigation, interested government agencies, and any other interested parties on the issues of remedy, the public interest, and bonding. Any such submissions should address the recommended determination on remedy and bonding provided by the ALJ.
