Successful Outcome for NEC Corporation in United States ITC Investigation Brought by Xtera, Inc. (ITC Investigation No.337-TA-1098)-- NEC Corporation Receives Favorable ITC Final Determination--
Tokyo, October 4, 2019 - NEC Corporation announced today that the company has received a favorable Final Determination in the United States International Trade Commission (ITC) matter brought by Xtera, Inc., Xtera Topco Ltd., and Neptune Subsea IP Ltd. (collectively "Xtera").
In December 2017, Xtera filed a complaint with the ITC alleging infringement of Xtera's U.S. patents by NEC Corporation, NEC Networks & System Integration Corporation, and NEC Corporation of America (collectively "NEC") based on certain of NEC's subsea telecommunication systems. Xtera requested that the ITC issue an injunction against the importation into, and sales after importation in, the U.S. of subsea telecommunication systems by NEC. As a result of this investigation, the ITC found that NEC's products do not infringe Xtera's patents, that Xtera's patents are invalid, and/or that Xtera failed to satisfy the ITC's domestic industry requirement. On October 3, 2019, the ITC issued a Final Determination finding in favor of NEC on all issues of noninfringement, invalidity, and domestic industry. As a result, the ITC found no violation by NEC and thus declined Xtera's request for an injunction.
While NEC recognizes the importance of and respects intellectual property rights, NEC also remains committed to diligently and vigorously defending itself against all unjustified allegations of infringement.
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