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Exclusion Order and Cease and Desist Order for Avago Technologies

Foley secured for Avago Technologies, a leading supplier of analog interface components for communications, industrial, and consumer applications, an Order affirming the Final Determination, Cease and Desist Order, and Exclusion Order issued by the International Trade Commission upon finding a violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in favor of Avago Technologies issued by the United States Court of Appeals for the Federal Circuit. The ITC upheld the validity of Avago's patents and finding that Emcore Corporation infringed Avago's intellectual property by importing and selling certain optoelectronics products used in optical communication systems, including parallel fiber optics products and components made and sold by Emcore and used for data communications for core routing and enterprise networking. Emcore appealed the validity and enforceability of Avago's intellectual property and the issuance of the Exclusion Order, which was rejected summarily and quickly on Monday, November 14, 2011, by the Federal Circuit after oral argument on Thursday, November 10, 2011.