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Archived updates for Thursday, March 03, 2005

Ciena Requests Unfair Import Investigation of Nortel's Optical Networks

On February 25, 2005, Ciena Corporation of Linthicum, Maryland filed a "Section 337" unfair import complaint at the U.S. International Trade Commission. The complaint requests that an unfair import investigation be instituted involving "Certain Network Communications Systems for Optical Networks and Components Thereof." The proposed respondents are Nortel Networks Corporation of Canada; Nortel Networks Limited, Canada; and, Nortel Networks Inc. of Texas.

The complaint has been designated as confidential and assigned Docket No. 337-2415 for indexing in the Commission's database. The Commission now has 30-35 days from the filing date of the complaint in which to decide whether to institute the investigation. Upon institution, the proposed respondents will be served with the Complaint via postal mail and an Administrative Law Judge will schedule discovery, conduct a trial, and issue a written "Initial Determination," usually within about 10 months. Due to the expedited nature of these proceedings, and availability of general exclusion orders affecting non-parties, it is important to notify any potential importers of similar products as soon as possible.

Click here for more information on the importance of monitoring these ITC investigations, such as by subscribing to the free "I/P Updates" news service at And click here for a free audio-visual Internet presentation on "Unfair Import Investigations at the U.S. International Trade Commission."

For the latest details on a particular Section 337 investigation, or to arrange a free, in-person presentation on these (and/or other) intellectual property topics, contact Bill Heinze (, at Thomas, Kayden, Horstemeyer & Risley in Atlanta, Georgia.
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