ITC Launches Investigation of Hitachi’s Infringement of EMC Patents

The United States International Trade Commission (ITC), has voted to launch a full U.S. Government investigation into EMC Corporation’s charges filed April 11, 2002, of patent infringement against Hitachi Data Systems (HDS) and Hitachi, Ltd. This is the first step toward fulfilling EMC’s request that the U.S. government exclude Hitachi’s infringing products from the U.S. market. EMC also has filed suit in U.S. District Court in Worcester, Mass., against HDS and Hitachi, Ltd.

According to both of EMC’s complaints, HDS and Hitachi, Ltd., have engaged in unlawful activities by importing into the United States products that infringe six EMC patents. These patents include four that are the foundation of EMC’s market-leading SRDF (Symmetrix Remote Data Facility) and TimeFinder software products. Two other EMC patents, relating to data migration and the storage of mainframe data, also are included in the suits. The ITC’s decision constitutes a finding by the ITC that EMC’s complaint is worthy of a full U.S. Government investigation.

Paul Dacier, EMC Senior Vice President and General Counsel, said, “We are pleased that the International Trade Commission concurs with EMC on the merits of launching a full investigation into Hitachi’s infringing activities. We attempted to amicably resolve our concerns about Hitachi’s infringement of EMC patents for nearly four years before concluding that legal action was our only reasonable course. EMC has spent years and billions of dollars inventing the world’s most advanced information storage solutions. Our technology is protected by a comprehensive portfolio of patents, and enforcing these patents is a fundamental requirement in protecting the investments made by our customers, shareholders and employees.”

The U.S. International Trade Commission decision initiates an investigation under Section 337 of the Tariff Act of 1930. The ITC is an independent, nonpartisan, quasi-judicial federal agency that provides trade expertise to both the legislative and executive branches of government, determines the impact of imports on U.S. industries, and directs actions against certain unfair trade practices, such as patent, trademark, and copyright infringement.

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