ITC to decide by January 14 whether to bar some ASUS and Plume Wi-Fi gear in a patent case

The U.S. International Trade Commission (ITC) aims to decide by January 14, 2027 whether certain Wi-Fi routers and mesh Wi-Fi devices from ASUS and Plume Design were imported and sold in violation of U.S. trade law because they infringe patents, and whether to keep them out of the country. In a notice issued on October 28, 2026, the Commission said it will review parts of an administrative law judge's August finding that the two companies violated Section 337 of the Tariff Act of 1930, and it extended its target date for completing the case to January 14.

What the judge found, and what the Commission will look at again

The case, Investigation No. 337-TA-1454, was brought by Estelgia, LLC of Dover, Delaware, and the ITC instituted it on June 23, 2025. The ITC's notice of institution describes the accused products as “multi-band Wi-Fi routers, Wi-Fi Access Points, mesh Wi-Fi systems, network controllers, and networking devices and components thereof.”

Seven companies were named at the start. Linksys was dropped from the case in December 2025 after a settlement, and D-Link in April 2026 under a consent order. That left ASUS, through ASUStek Computer Inc. of Taipei and ASUS Computer International of Fremont, California, and Plume Design Inc. of Palo Alto, California.

Of the six patents Estelgia first asserted, two remain: U.S. Patent Nos. 7,936,714 and 10,735,973. On August 6, 2026, the judge found that ASUS and Plume had violated Section 337. On August 18, ASUS and Plume, and the ITC's Office of Unfair Import Investigations, which is also a party, each petitioned the Commission to review that finding. The Commission will now review, among other points, how the opening words of claim 13 of the '714 patent should be read, whether ASUS and Plume infringe both patents, whether the '973 patent is valid, and the economic side of the requirement that the complainant show an industry in the United States relating to the patents. It declined to review, and so adopted, the judge's findings on the validity of the '714 patent.

What a ruling against ASUS and Plume could mean

According to an ITC notice published on August 11, 2026, the judge recommended a limited exclusion order covering certain Wi-Fi routers, Wi-Fi devices, mesh Wi-Fi network devices and components imported or sold by ASUS and Plume, and cease and desist orders against Plume Design Inc. and ASUS Computer International. The ITC says an exclusion order could keep the products concerned out of the United States, and that cease and desist orders could require the companies to stop the unfair acts in importing and selling them.

Nothing is decided yet. Before ordering any remedy, the Commission must weigh the public interest, and the factors it lists include the effect on U.S. consumers and on competitive conditions in the U.S. economy. If it does order one, the U.S. Trade Representative has 60 days to approve it, disapprove it or take no action, and during that period the products would be entitled to enter the United States under a bond, in an amount the Commission determines.

The public notices describe the accused products only by category, not by model, so they do not say which ASUS or Plume devices would be covered. The remedies they describe concern importing and selling the products; they say nothing about devices already in use.

What happens next

The Commission has asked the parties to brief several questions, including how the complainant's investments should be counted under the domestic industry test. It has also invited government agencies and other interested parties to send written submissions on remedy, the public interest and bonding by November 12, 2026, with replies due by November 19. Submissions from third parties are limited to 10 pages and should show Inv. No. 337-TA-1454 prominently on the cover page or the first page.