By John Presper

On May 3, 2022, the ITC issued a notice of its determination to review-in-part the final initial determination (“FID”) in Certain Routers, Access Points, Controllers, Network Management Devices, Other Networking Products, and Hardware and Software Components Thereof (Inv. No. 337-TA-1227), and affirm the FID’s finding of no violation of Section 337.

By way of background, this investigation was instituted in October 2020 based on a complaint filed by Q3 Networking LLC of Frisco, Texas (“Q3”) alleging violations of Section 337 by Respondents CommScope Holding Company, Inc. of Hickory, North Carolina; CommScope, Inc. of Hickory, North Carolina; Arris US Holdings, Inc. of Suwanee, Georgia; Ruckus Wireless, Inc. of Sunnyvale, California; Hewlett Packard Enterprise Co. of Palo Alto, California; Aruba Networks, Inc. of Santa Clara, California; and Netgear, Inc. of San Jose, California (collectively, “Respondents”) in the importation/sale of certain routers, access points, controllers, network management devices, other networking products, and hardware and software components thereof by reason of infringement of U.S. Patent Nos. 7,609,677 (“the ’677 patent”); 7,895,305 (“the ’305 patent”); 8,797,853 (“the ’853 patent”); and 7,457,627.  On December 7, 2021, ALJ David P. Shaw issued the FID (Part I, Part II, Part III, Part IV, Part V) finding no violation of Section 337 on the grounds that the accused products do not infringe the asserted claims of the ’853, ’305, or ’677 patents remaining in investigation, and the domestic industry (both technical and economic prongs) has not been satisfied with respect to these patents.

According to the notice, after having examined the record, including the parties respective petitions for review, the Commission determined to (1) review-in-part the FID with respect to the economic prong of domestic industry, and on review, to take no position; and (2) correct certain non-substantive citation errors pertaining to the FID’s technical prong findings regarding the ’305 patent.