19 July 2010


ITC bans import of Emcore parallel fiber optics products infringing Avago patent

Last week, the US International Trade Commission (ITC) concluded its investigation in response to a complaint filed by Avago Technologies in February 2009 against fiber-optic component maker Emcore Corp of Albuquerque, NM.

The complaint alleged that certain optoelectronic devices, components, and products containing them (namely, Emcore’s 12-channel parallel optical transmitter and receiver modules, 4-channel parallel transceiver modules, VCSEL TOSAs and ROSAs, 1x12 and 1x4 VCSEL arrays and photodiode arrays, singlet VCSELs and singlet pin photodiodes, and VCSELs in TO cans, made by contract manufacturer Fabrinet Co Ltd in Thailand) infringed Avago’s US Patent Nos. 5,359,447 (‘Optical Communication With Vertical-Cavity Surface-Emitting Laser Operating In Multiple Transverse Modes'’ and 5,761,229 (‘Integrated Controlled Intensity Laser-Based Light Source’), which were issued originally to Hewlett-Packard Company in October 1994 and June 1998, respectively.

On 12 March 2010, the presiding administrative law judge (ALJ) issued his initial determination (ID), finding no infringement of claim 8 of patent 5,761,229 and claim 6 of patent 5,359,447 but finding  infringement of one or more of the claims 1, 2, 3, and 5 of patent 5,359,447 (Avago withdrew claim 4 from the investigation in its post-hearing brief).

The ITC has now issued Emcore with a limited exclusion order (LEO) and a cease and desist order (CDO). The LEO prohibits the unlicensed importation into the US of the infringing optoelectronic devices, components, and products containing them. The CDO prohibits Emcore from importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting US agents or distributors for the infringing products. 

See related items:

ITC rules in favor of Avago in parallel fiber optics case

ITC to probe Avago allegation of patent infringement by Emcore

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