On May 29, 2009, the U.S. International Trade Commission issued a Notice determining to terminate Certain Tunable Laser Chips, Assemblies, and Products Containing Same (337-TA-662).

By way of background, the ITC instituted this investigation on December 19, 2008 based on a complaint filed on November 7, 2008 by JDS Uniphase Corporation (“JDSU”).  The complaint alleged violations of section 337 in the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain tunable laser chips, assemblies, and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 6,658,035 and 6,687,278.  The complaint named numerous proposed respondents including Bookham, Inc. (“Bookham”).

On April 15, 2009, JDSU and Bookham moved to terminate the investigation as to Bookham on the basis of a settlement agreement.  On May 1, 2009, Chief ALJ Paul J. Luckern issued an Initial Determination granting the joint motion for termination.  No party petitioned for review of the Initial Determination.  Accordingly, on May 19, 2009, the ITC issued a Notice of a Commission determination not to review an Initial Determination.