October 25, 2012
News Release 12-110
Inv. No. 337-TA-860
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN OPTOELECTRONIC DEVICES FOR FIBER OPTIC COMMUNICATIONS,
COMPONENTS THEREOF, AND PRODUCTS CONTAINING THE SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain optoelectronic devices for fiber optic communications, components thereof, and products containing the same. The products at issue in this investigation are vertical cavity surface- emitting lasers ("VCSELs") and VCSEL drivers, and also transceivers and active optical cables that include VCSELs and VCSEL drivers as components.
The investigation is based on a complaint filed by Avago Technologies Fiber IP (Singapore) Pte. Ltd., of Singapore; Avago Technologies General IP (Singapore) Pte. Ltd., of Singapore; and Avago Technologies U.S. Inc. of San Jose, CA, on September 25, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain optoelectronic devices for fiber optic communications, components thereof, and products containing the same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
IPtronics A/S of Denmark;
IPtronics Inc. of Menlo Park, CA;
FCI USA, LLC, of Etters, PA;
FCI Deutschland GmbH of Germany;
FCI SA of France;
Mellanox Technologies Inc., of Sunnyvale, CA; and
Mellanox Technologies, Ltd. of Israel.
By instituting this investigation (337-TA-860), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six 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 USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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.