On May 18, 2022, the ITC issued a notice of investigation in Certain computer network security equipment and systems, associated software, their components and products containing them (Inv. no. 337-TA-1314).
By way of background, this investigation is based on a complaint filed on April 19, 2022 by Centripetal Networks, Inc. of Reston, Virginia (“Centripetal”) alleging violations of Section 337 by respondent Keysight Technologies, Inc. of Santa Rosa, California (“Keysight”) in the illegal import/sale of certain computer network security equipment and systems, related software, components thereof, and products containing them due to violation of certain claims of U.S. Patent No. 9,264,370 (“the ‘370 patent”); U.S. Patent No. 10,193,917 (“the ‘917 patent”); and U.S. Patent No. 10,284,526 (“the ‘526 patent”).
According to the complaint, the ‘370 patent covers improved techniques for discovering rogue endpoints and preventing rogue endpoints from damaging a network using a processor and memory to provide first and second devices with rules. which require the system to log packets, identify incoming and outgoing packets by a network device, generate log entries, correlate log entries, and perform certain actions in response to the correlation; the ‘917 patent relates to improved techniques for combating ever-evolving threats in computer networks by using a processor and memory of a packet filter device to receive packets, apply packet filter rules that allow or block packets to a destination, generate a packet log entry including a threat indicator, update the packet flow entry using the packet log entry and packet flow analysis packets, communicate and display a portion of the packet flow analysis, whereby the packet flow analysis data includes at least a threat identifier, a packet of time data and data indicating whether the filtering device of packets blocked the packets; and the ‘526 patent relates to improvements in computer network security, particularly when dealing with encrypted network traffic, including a processor and memory for storing a list of identification data and a corresponding action to be performed on the encrypted communication streams, receiving packets that initiate at least one encrypted communication stream, identifying the stream identification data associated with the packets initiating the encrypted packet stream, comparing the identified stream identification data with the list of identification data, decrypting the encrypted communication streams corresponding to the identification data to perform an action on each packet, then re-encrypting the packets. The incriminated products are computer network traffic monitoring and security enforcement equipment typically used by commercial enterprises and data centers to monitor, detect and respond to network activity and cyber threats, and their related software components , and products containing them, including Keysight’s Vision One, Vision X, Vision 7300, Vision 7303, Vision Edge 1S, Trade Vision, ThreatArmor 1G, and ThreatArmor 10G. Centripetal is asking the Commission to issue a limited exclusion order and a cease and desist order against Keysight. According to the Notice of Investigation, the Office of Unfair Import Investigations will participate as a party to the investigation. Finally, ALJ Chief Clark S. Cheney issued a notice that ALJ MaryJoan McNamara will chair the inquiry.