ITC agrees to investigate Avago complaint against Emcore

MARCH 6, 2009 -- The U.S. International Trade Commission (ITC) has voted to investigate optoelectronic devices, their components, and products containing these components from Emcore that Avago Technologies asserts infringe on Avago's patents.

MARCH 6, 2009 -- The U.S. International Trade Commission (ITC) has voted to investigate optoelectronic devices, their components, and products containing these components from Emcore (search Lightwave for Emcore) that Avago Technologies (search Lightwave for Avago) asserts infringe on Avago's patents.

Avago filed the complaint on February 3. The complaint alleges violations of Section 337 of the Tariff Act of 1930 in the importation into the United States and sale of the optical technology in question. The complainants request that the ITC issue an exclusion order and a cease and desist order against Emcore.

The investigation won't be completed overnight. The ITC's chief administrative law judge will assign the case to an administrative law judge who will schedule and hold an evidentiary hearing. That judge will make an initial determination of whether a violation of Section 337 has occurred. In turn, that initial determination will be subject to review by the ITC.

The ITC says it will make a final determination "at the earliest practicable time." A target date for completing the investigation is slated to be set within 45 days after its start.

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