By John Presper

On May 18, 2022, the ITC issued a Notice of Investigation in Certain Computer Network Security Equipment and Systems, Related Software, Components Thereof, and Products Containing Same (Inv. No. 337-TA-1314).

By way of background, this investigation is based on a April 19, 2022 complaint filed by Centripetal Networks, Inc. of Reston, Virginia (“Centripetal”) alleging violations of section 337 by Respondent Keysight Technologies, Inc. of Santa Rosa, California (“Keysight”) in the unlawful importation/sale of certain computer network security equipment and systems, related software, components thereof, and products containing same by reason of the infringement of certain claims of U.S. Patent No. 9,264,370 (“the ’370 patent”); U.S. Patent No. 10,193,917 (“the ’917 patent”); and U.S. Patent No. 10,284,526 (“the ’526 patent”).

According to the complaint, the ’370 patent is directed to improved techniques for discovering malicious endpoints and preventing malicious endpoints from damaging a network using a processor and memory to provision first and second devices with rules that causes the system to log packets, identify packets incoming and outgoing by a network device, generate log entries, correlate log entries, and perform certain actions in response to the correlation; the ’917 patent is directed to improved techniques to combat constantly evolving threats in computer networks using a processor and memory of a packet-filtering device to receive packets, apply packet-filtering rules that either allow or block the packets to a destination, generate a packet log entry comprising a threat indicator, update the packet flow entry using the packet log entry and the packet flow analysis, communicate and display a portion of the packet flow analysis, such that the packet flow analysis data comprises at least on threat identifier, packet time data, and data whether the packet-filtering device blocked the packets; and the ’526 patent is directed to improvements to computer network security, particularly when dealing with encrypted network traffic, including a processor and memory for storing a list of identification data and corresponding action to perform on encrypted communication flows, receive packets that initiate at least one encrypted communication flow, identify flow identification data associated with packets initiating the encrypted packet flow, comparing the identified flow identification data with the list of identification data, decrypting the encrypted communication flows matching identification data to perform an action on each packet, and then re-encrypt the packets.  The accused products are network traffic monitoring and security enforcement computer equipment typically used by commercial businesses and data centers to monitor, detect, and respond to network activities and cyber threats, as well as related software components thereof, and products containing same, including Keysight’s Vision One, Vision X, Vision 7300, Vision 7303, Vision Edge 1S, Trade Vision, ThreatArmor 1G and ThreatArmor 10G.  Centripetal is requesting that the Commission issue a limited exclusion order and cease-and-desist order against Keysight.  According to the Notice of Investigation, the Office of Unfair Import Investigations will participate as a party in the investigation.  Lastly, Chief ALJ Clark S. Cheney issued a notice that ALJ MaryJoan McNamara will preside over the investigation.