By Eric Schweibenz
On May 13, 2010, the International Trade Commission issued a notice determining not to review an initial determination (“ID”) issued by ALJ Theodore R. Essex on March 12, 2010 in Certain Optoelectronic Devices, Components Thereof, and Products Containing Same (Inv. No. 337-TA-669).

By way of background, the Complainants in this investigation are Avago Technologies Fiber IP Pte. Ltd., Avago Technologies General IP Pte. Ltd., and Avago Technologies Ltd. (collectively, “Avago”).  The sole Respondent is Emcore Corporation (“Emcore”).  On March 12, 2010, ALJ Essex issued the ID finding that a violation of Section 337 occurred in connection with the importation into the U.S., sale for importation, or sale within the U.S. after importation of certain optoelectronic devices, components thereof, and products containing same by reason of infringement of claims 1, 2, 3, and 5 of U.S. Patent No. 5,359,447 (the ‘447 patent).  ALJ Essex further determined that no such violation of Section 337 had occurred with respect to U.S. Patent No. 5,761,229 and claim 6 of the ‘447 patent.  See our April 1, 2010 post for more details.

On March 29, 2010, Emcore and the Commission Investigative Staff (“OUII”) filed petitions for review of the ID.  On April 6, 2010, Avago and OUII filed responses to the petitions.

According to the May 13 notice, the “Commission has determined not to review the subject ID.”