ITC Allows Partial Withdrawal of Subsea Telecom Intellectual Property Complaint

The International Trade Commission has determined not to review the decision of the presiding administrative law judge (ALJ) in the section 337 (Tariff Act of 1930) investigation of certain subsea telecommunications systems and their components.

The judge granted an unopposed motion to partially withdraw the complaint with regard to several of the respondents as well as to correct the name of one respondent, from Alcatel-Lucent Submarine Networks to Alcatel Submarine Networks.

The Commission instituted an 18-month investigation on 26 January 2018, based on a complaint, as supplemented, filed on behalf of Neptune Subsea Acquisitions Ltd. of the UK; Neptune Subsea IP Ltd. of the UK; and Xtera, Inc. of Allen, Texas. The complaint alleges infringement of one or more U.S. Patents for certain subsea telecommunication systems and components.

The original Notice of Investigation named Nokia Corporation of Espoo, Finland; Nokia Solutions and Networks B.V. of Hoofddorp, The Netherlands; Nokia Solutions and Networks Oy of Espoo, Finland; Alcatel-Lucent Submarine Networks SAS of Boulogne-Billancourt, France; Nokia Solutions and Networks US LLC of Phoenix, Arizona; NEC Corporation of Tokyo, Japan; NEC Networks & System Integration Corporation of Tokyo, Japan; and NEC Corporation of America of Irving, Texas as respondents.

On 8 March 2018, complainants filed an unopposed motion to withdraw the complaint as to Nokia Solutions and Networks B.V., Nokia Solutions and Networks Oy, and Nokia Solutions and Networks US LLC, due to the facts that Nokia Corporation, Nokia Solutions and Networks B.V., Nokia Solutions and Networks Oy, Nokia Solutions and Networks US LLC, and Alcatel-Lucent Submarine Networks SAS entered into a joint stipulation concerning the subject matter of the investigation where they represented that Nokia Solutions and Networks B.V., Nokia Solutions and Networks Oy, and Nokia Solutions and Networks US LLC do not sell, design, or manufacture the accused subsea telecommunication systems and components thereof; and that Nokia Solutions and Networks US LLC no longer exists as of January 1, 2018. Based on this stipulation, complainants agreed to withdraw the complaint as to Nokia Solutions and Networks B.V., Nokia Solutions and Networks Oy, and Nokia Solutions and Networks US LLC.

On March 19, 2018, the ALJ issued the subject ID granting complainants’ motion. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) here.