On February 14, 2022, the ITC issued a Notice of Investigation in Certain Networking Devices, Computers, and Components Thereof and Systems Containing the Same (Inv. No. 337-TA-1298).
By way of background, this investigation is based on a January 12, 2022 complaint filed by Proven Networks, LLC of Los Angeles, California ("Proven") alleging violations of section 337 by Respondent NetApp, Inc. of San Jose, California ("NetApp") in the unlawful importation/sale of certain networking and storage devices, computers, and components thereof that infringe one or more claims of U.S. Patent No. 8,687,573 ("the '573 patent").
According to the complaint, the '573 patent relates to systems and methods of allocating resources within a communications system, and originated from telecommunications and wireless networking research conducted by Alcatel-Lucent. The products accused of infringement are switches, gateways, and other networking products that manage the flow of traffic and bandwidth over a network, as well as components involved therewith. Proven is requesting that the Commission issue a limited exclusion order and cease-and-desist order against NetApp. According to the Notice of Investigation, the Office of Unfair Import Investigations will not participate as a party in the investigation. Lastly, Acting Chief ALJ Clark S. Cheney issued a notice indicating that he will preside in the investigation.
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