On August 4, 2021, the ITC issued a Notice of
Investigation in Certain Optical Enclosures, Components
Thereof, and Products Containing the Same (Inv. No.
337-TA-1274).
By way of background, this investigation is based on a July 2, 2021
complaint (as amended) filed by Criterion
Technology, Inc. of Thomaston, Georgia ("Criterion")
alleging a violation of section 337 by Respondents Velodyne Lidar
USA, Inc. of San Jose, California ("Velodyne") and Fujian
Fran Optics Co., Ltd. of China ("Fujian") in the unlawful
importation and/or sale in the U.S. of certain optical enclosures,
components thereof, and products containing the same by reason of
the misappropriation of trade secrets.
According to the complaint, the technology at issue relates to
high-quality optical enclosures made from polymers including
polycarbonate, acrylic, and nylon. The accused products are
polycarbonate and nylon optical enclosures manufactured and sold by
Fujian, and LiDAR products being commercialized by Velodyne under
the names Alpha Prime, Ultra Puck, Puck, Puck Lite, Puck Hi-Res,
and Veladome. The trade secrets at issue relate to Criterion's
"know-how" in the manufacture of the optical enclosures,
specifically (i) features of the tooling design used to manufacture
optical enclosures with high transmissivity; (ii) product designs
and specifications for optical enclosures with high transmissivity,
including materials for use; and (iii) thermal cured hard coatings
including methods for utilizing thermal cured hard coatings rather
than less desirable anti-reflective surface coatings. Criterion is
requesting that the Commission issue a limited exclusion order and
permanent cease-and-desist order directed to Respondents. According
to the Notice of Investigation, the Office of Unfair Import
Investigations will participate as a party in the investigation.
Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that ALJ David P. Shaw will
preside in the investigation.
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