ITC Institutes Investigation (337-TA-1298) into Certain Networking Devices

On February 14, 2022, the ITC issued a notice of investigation in Certain networking devices, computers and components thereof and systems containing them (Inv. no. 337-TA-1298).

As a reminder, this investigation is based on a complaint filed on January 12, 2022 by Proven Networks, LLC of Los Angeles, California (“Proven”) alleging violations of Section 337 by Respondent NetApp, Inc. of San Jose, California (“NetApp”) in the unlawful importation/sale of certain networking and storage devices, computers and their components which infringe one or more claims of U.S. Patent No. 8,687,573 (“the ‘ 573”).

According to the complaint, the ‘573 patent pertains to systems and methods for allocating resources within a communications system and stems from research into telecommunications and wireless networks conducted by Alcatel-Lucent. The products charged with infringement are switches, gateways and other networking products that manage the flow of traffic and bandwidth on a network, as well as the components involved. Proven is asking the Commission to issue a limited exclusion order and a cease and desist order against NetApp. According to the Notice of Investigation, the Bureau of Unfair Import Investigations will not participate as a party in the investigation. Finally, Acting Chief ALJ Clark S. Cheney issued a notice stating that he will chair the inquiry.