Avago Technologies (NASDAQ:AVGO) says that a US Court of Appeals has upheld a ruling by the International Trade Commission (ITC) that EMCORE Corp. had infringed on Avago patents. The patents covered parallel optical communications technology.
The ruling on November 14, 2011 from the United States Court of Appeals for the Federal Circuit affirmed a Final Determination, Cease and Desist Order, and Exclusion Order the ITC issued saying that EMCORE violated Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. Specifically, the ITC ruled that EMCORE had infringed Avago’s U.S. Patent 5,359,447 by importing and selling optoelectronics for optical communication systems, including parallel fiber optics products and components.
Emcore appealed the ITC ruling, challenging the validity of Avago’s patents, but the Federal Circuit Court rejected that appeal.
The court ruling is the latest milestone in a saga that began when Avago first complained to the ITC in 2009 (see "ITC agrees to investigate Avago complaint against Emcore").
“Avago is pleased the Federal Circuit has upheld the ITC’s decision, and we remain committed to protecting and enforcing our patent and intellectual property rights,” said Patricia H. McCall, General Counsel of Avago. “The decision validates the strength of our intellectual property in parallel fiber optics.”
The case is Emcore Corporation v. International Trade Commission and Avago Technologies Fiber IP (Singapore) PTE. LTD., Avago Technologies General IP (Singapore) PTE. LTD., and Avago Technologies, LTD., No. 2011-1069. The case below is In the Matter of Certain Optoelectronic Devices, Components Thereof and Products Containing the Same, case number 337-TA-669, in the U.S. International Trade Commission.