By John Presper
On December 13, 2013, ALJ Theodore R. Essex issued a notice regarding his Initial Determination (“ID”) in Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-860).

By way of background, this investigation is based on a complaint and letters supplementing the complaint filed by Avago Technologies Fiber IP (Singapore) Pte. Ltd., Avago Technologies General IP (Singapore) Pte. Ltd., and Avago Technologies U.S. Inc. alleging violation of Section 337 in the importation and sale of certain optoelectronic devices for fiber optic communications, components thereof, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,947,456 (“the ‘456 patent”) and 5,596,595 (“the ‘595 patent”).  See our September 26, 2012 post for more details about the complaint.

According to the notice, ALJ Essex found that a violation of Section 337 has occurred in with respect to the ‘595 patent.  Specifically, the ALJ determined that certain accused products infringe claims 14 and 15 of the ‘595 patent.  However, ALJ Essex found that no violation of Section 337 has occurred with respect to the ‘456 patent.

The notice issued by ALJ Essex released only limited information.  We will provide additional information once the public version of the ID issues in its entirety.