OFS Fitel prevailed over DSM Desotech, a Dutch company, in patent infrigement case heard by the United States International Trade Commission (ITC).
The final determination cleared OFS, a manufacturer of optical fiber products, of all allegations that OFS optical fiber and the coating used on that fiber violated Section 337 of the Tariff Act of 1930, as amended. The Final Determination found that all claims asserted by DSM at the ITC are invalid.
Dr. Timothy F. Murray, CEO and Chairman of OFS said: “We were surprised to be charged with patent infringement based on the use of coatings to make optical fiber by DSM, a foreign coatings manufacturer who supplies cable coating products to OFS and has been a supplier of fiber coatings in the past. It is a measure of the strength of our US system of commercial and intellectual property law that foreign companies come to this country to seek just treatment. We appreciate the diligence and care taken by the ITC to hear and understand the arguments of both parties in delivering this ruling. The invalidation of the claims in the patents asserted by DSM is a cautionary note to those who attempt to use unsupportable positions to threaten action.”
