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ARTICLE · 18 FEBRUARY 2022

ITC Institutes Investigation (337-TA-1298) In 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 the Same (Inv. No. 337-TA-1298).

United StatesIntellectual Property

On February 14, 2022, the ITC issued a Notice of Investigation in Certain Networking Devices, Computers, and Components Thereof and Systems Containing the Same (Inv. No. 337-TA-1298).

By way of background, this investigation is based on a January 12, 2022 complaint filed 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 components thereof that infringe one or more claims of U.S. Patent No. 8,687,573 ("the '573 patent").

According to the complaint, the '573 patent relates to systems and methods of allocating resources within a communications system, and originated from telecommunications and wireless networking research conducted by Alcatel-Lucent.  The products accused of infringement are switches, gateways, and other networking products that manage the flow of

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