ITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN INTEGRATED REPEATERS AND PRODUCTS CONTAINING SAME
The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain integrated repeaters and products containing same. The products at issue are integrated circuit devices used in telecommunications and networking applications. Specifically, integrated repeaters combine media access controller functions, repeater management functions, and bridging functions into a single device, thereby increasing computer network efficiency.
The investigation is based on a complaint filed by Level One Communications, Inc., of Sacramento, CA, on March 23, 2000, and supplemented on April 13, 2000. The complaint, as supplemented, 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 and products containing same that infringe a patent owned by Level One Communications, Inc. In its complaint, Level One requests that the ITC issue a permanent exclusion order and a permanent cease and desist order.
The ITC has identified Altima Communications, Inc., of San Jose, CA, as the respondent in the investigation.
By instituting this investigation (337-TA-430), the ITC has not yet made any decision on the merits of the case. The case will be 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 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.