The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain integrated repeaters, switches, transceivers, and products containing same. The products at issue in this investigation are integrated circuit devices used in telecommunications and networking applications. Specifically, integrated repeaters, switches, and transceivers are components that enable computer systems to share resources between and among communications networks.
The investigation is based on a complaint filed by Intel Corporation of Santa Clara, CA, and Level One Communications, Inc., of Sacramento, CA, on July 20, 2000. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain integrated repeaters, switches, transceivers, and products containing same that infringe patents owned by Intel and Level One. In their complaint, Intel and Level One request that the ITC issue a permanent exclusion order and permanent cease and desist orders.
The ITC has identified Altima Communications, Inc., of San Jose, CA, as the respondent in the investigation.
By instituting this investigation (337-TA-435), the ITC has not yet made any decision on the merits of the case. The case was referred to the Honorable Paul J. Luckern, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. The Commission has authorized Judge Luckern to consolidate this investigation with another ongoing Commission investigation (337-TA- 430, concerning Certain Integrated Repeaters and Products Containing the Same), if he deems it appropriate.
The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the President of the United States within that 60-day period.