Title Avago files suit against STMicroelectronics
Date   ( 04/07/10)                                            

Memo

SAN JOSE, Calif. -- Avago Technologies Inc. has filed a patent infringement suit against STMicroelectronics Inc.

The suit, filed in the U.S. District Court for the Eastern District of Texas, alleges that certain STMicroelectronics products infringe four of Avago's patents covering optical navigation technology.

Singapore's Avago seeks cash compensation and an order preventing further infringement of the technology.

Avago Technologies is a pioneer in the field of navigation sensors and has spent millions of dollars over many years developing the fundamental enabling technology behind optical mouse sensors as well as a number of novel improvements, according to Avago, the chip spin-off of Agilient Technologies Inc.

Last month, Avago, a supplier of analog interface components for communications, industrial and consumer applications, announced that the International Trade Commission (ITC) issued the ''initial determination'' finding in favor of Avago.

The finding upheld the validity of Avago's patents and found that Emcore Corp. infringed Avago's intellectual property by importing and selling certain optoelectronics products used in optical communication systems.

After a one-week hearing in November 2009, and post-hearing briefing, the ITC also rejected Emcore's invalidity and other defenses.

In March 2009, the ITC announced that it would take up Avago's complaint, which accused New Mexico-based Emcore of making fiber optic components that infringe Avago's U.S. Patent Numbers 5,359,447 and 5,761,229.

Prior to the ITC matter, Avago sued Emcore for infringement of the patents in December 2008 in the U.S. District Court for the Northern District of California. The District Court case against Emcore for damages is temporarily stayed until an ITC Order becomes final.

Avago will pursue the infringement charges in the District Court when the stay is lifted.

The ITC found that Avago patents cover parallel fiber optics products and components made and sold by Emcore and used for data communications for core routing and enterprise networking.

In the next phase of the case, the ITC will consider the appropriate scope of an exclusion order enjoining Emcore from importing the infringing optoelectronic products and systems employing these components into the United States for the term of Avago's patents. The ITC has recommended an exclusion order to prevent further importation, and also recommended a cease and desist order to prevent Emcore from selling already imported infringing products.