• ALJ Essex Issues Initial Determination Finding Violation of Section 337 in Certain Optoelectronic Devices (337-TA-669)
  • March 25, 2010 | Authors: Alexander E. Gasser; Barry J. Herman
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On March 12, 2010, ALJ Theodore R. Essex issued a notice regarding the Initial Determination (“ID”) in Certain Optoelectronic Devices, Components Thereof, and Products Containing Same (Inv. No. 337-TA-669).

    The Complainants in this investigation are Avago Technologies Fiber IP Pte. Ltd., Avago Technologies General IP Pte. Ltd., and Avago Technologies Ltd.  The sole Respondent is Emcore Corporation.

    According to the notice, ALJ Essex held that a violation of Section 337 occurred in connection with the importation into the U.S., sale for importation, or sale within the U.S. after importation of certain optoelectronic devices, components thereof, and products containing same by reason of infringement of claims 1, 2, 3, and 5 of U.S. Patent No. 5,359,447 (the ‘447 patent).  ALJ Essex further determined that no such violation of Section 337 had occurred with respect to U.S. Patent No. 5,761,229 (the ‘229 patent) and claim 6 of the ‘447 patent.

    ALJ Essex also determined that the ‘447 patent is not invalid, not unenforceable, and a domestic industry exists with respect to the ‘447 patent.  The notice further stated that Respondent did not have an implied license to practice the asserted claims of the ‘447 patent.  ALJ Essex additionally determined that the asserted claim of the ‘229 patent was not invalid, but neither the asserted claim of the ‘229 patent nor claim 6 of the ‘447 patent were infringed.  Finally, ALJ Essex held that while the economic prong of the domestic industry requirement for the ‘229 patent had been satisfied, the technical prong for the ‘229 patent had not been satisfied.

    The notice issued by ALJ Essex released only the title pages and conclusions of law sections of the ID.  We will provide additional information once the public version of the ID issues in its entirety.