The investigation is based on a complaint filed by JDS Uniphase Corporation of Milpitas, CA, on November 7, 2008. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain tunable laser chips, assemblies, and products containing same that infringe patents owned by JDS Uniphase. The complainant requests that the ITC issue an exclusion order and cease and desist orders.
The ITC has identified the following as respondents in this investigation:
Bookham, Inc., of San Jose, CA;
Syntune AB, of Sweden;
Cyoptics, Inc., of Breinigsville, PA;
Tellabs, Inc., of Naperville, IL;
Adva Optical Networking, of Germany;
Ciena Corp., of Linthicum, MD; and
Nortel Networks Corp., of Canada.
By instituting this investigation (337-TA-662), the ITC has not yet made any decision on the merits of the case. The ITC's Chief Administrative Law Judge will assign the case to one of the ITC's five administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ 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 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 U.S. Trade Representative within that 60-day period.