ARTICLE
6 May 2022

Commission Affirms Finding Of No Violation Of Section 337 In Certain Routers (337-TA-1227)

OM
Oblon, McClelland, Maier & Neustadt, L.L.P

Contributor

Oblon is among the largest US law firms that exclusively practice IP law. Businesses worldwide depend on Oblon to establish, protect and leverage their IP assets. Our team of 100+ legal professionals includes some of the country’s most respected practitioners. Most attorneys hold advanced degrees in engineering, physics, chemistry, biotechnology and other scientific disciplines. Oblon is headquartered within steps of the USPTO office in Alexandria, Virginia. 
On May 3, 2022, the ITC issued a notice of its determination to review-in-part the final initial determination ("FID") in Certain Routers, Access Points, Controllers, Network Management Devices...
United States Intellectual Property

On May 3, 2022, the ITC issued a  notice of its determination to review-in-part the final initial determination ("FID") in Certain Routers, Access Points, Controllers, Network Management Devices, Other Networking Products, and Hardware and Software Components Thereof  (Inv. No. 337-TA-1227), and affirm the FID's finding of no violation of Section 337.

By way of background, this investigation was instituted in October 2020 based on a complaint filed by Q3 Networking LLC of Frisco, Texas ("Q3") alleging violations of Section 337 by Respondents CommScope Holding Company, Inc. of Hickory, North Carolina; CommScope, Inc. of Hickory, North Carolina; Arris US Holdings, Inc. of Suwanee, Georgia; Ruckus Wireless, Inc. of Sunnyvale, California; Hewlett Packard Enterprise Co. of Palo Alto, California; Aruba Networks, Inc. of Santa Clara, California; and Netgear, Inc. of San Jose, California (collectively, "Respondents") in the importation/sale of certain routers, access points, controllers, network management devices, other networking products, and hardware and software components thereof by reason of infringement of U.S. Patent Nos. 7,609,677 ("the '677 patent"); 7,895,305 ("the '305 patent"); 8,797,853 ("the '853 patent"); and 7,457,627. On December 7, 2021, ALJ David P. Shaw issued the FID ( Part I Part II Part III Part IV Part V) finding no violation of Section 337 on the grounds that the accused products do not infringe the asserted claims of the '853, '305, or '677 patents remaining in investigation, and the domestic industry (both technical and economic prongs) has not been satisfied with respect to these patents.

According to the notice, after having examined the record, including the parties respective petitions for review, the Commission determined to (1) review-in-part the FID with respect to the economic prong of domestic industry, and on review, to take no position; and (2) correct certain non-substantive citation errors pertaining to the FID's technical prong findings regarding the '305 patent.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More