March 5, 2009
News Release 09-017
Inv. No. 337-TA-669
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN OPTOELECTRONIC DEVICES, COMPONENTS THEREOF, AND PRODUCTS CONTAINING THE SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain optoelectronic devices, components thereof, and products containing the same. The products at issue in this investigation are fiber optic networks and the laser light sources used therein.

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 Ltd. of San Jose, CA, on February 3, 2009. 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, components thereof, and products containing the same that infringe patents owned by Avago. The complainants request that the ITC issue an exclusion order and a cease and desist order.

The ITC has identified Emcore Corporation of Albuquerque, NM, as the respondent in this investigation.

By instituting this investigation (337-TA-669), 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 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 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.

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