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January 27, 2022

The Honorable Jason E. Kearns

Commissioner U.S. International Trade Commission
500 E Street, SW
Washington, DC 20436

Re: Certain Networking Devices, Computers, and Components Thereof and

Systems Containing the Same, Docket No. 3593

Dear Commissioner Kearns:

We write in response to Federal Register Notice 2022-00936, 87 FR 2902 pages

2902-2903 requesting public comments regarding a complaint filed pertaining to
Certain Networking Devices, Computers, and Components Thereof and Systems
Containing the Same, DN 3593. In its notice, the International Trade Commission
(“Commission”) requests written submissions identifying public interest issues
raised by the complaint or complainant's filing.

TechNet is the national, bipartisan network of technology CEOs and senior

executives that promotes the growth of the innovation economy by advocating a
targeted policy agenda at the federal and 50-state level. TechNet's diverse
membership includes dynamic American businesses ranging from startups to the
most iconic companies on the planet and represents over four million employees
and countless customers in the fields of information technology, e-commerce, the
sharing and gig economies, advanced energy, cybersecurity, venture capital, and
finance.

As a leading association representing technology companies, we have significant

concerns that certain of NetApp’s products are under threat of being removed from
the market as a result of this proceeding and write to share our views on the
importance of this matter to the technology community and the broader American
public. First, NetApp Inc. employs over 8,000 employees across the U.S. NetApp’s
products help manage and protect data in every industry and for every federal
government agency. Its customers include not only other U.S. technology
companies of all sizes who are dependent upon its products to support their own,
but also healthcare organizations, first responders, governments at all levels, and
the military who all use NetApp products in support of their many critical missions.
Excluding NetApp products from importation would severely impact employees,
customers, and the national interest. Second, we strongly oppose the actions of
patent trolls who exploit technology companies’ long-term investments in
technology and innovation research and development. Proven Networks, the
complainant, has no operations beyond patent litigation and, in fact, its owners are
the very patent litigators who represent it in the subject investigation. The
“domestic industry” it purports to defend is not its own at all. This use of ITC
processes and resources to enrich attorneys rather than to protect American
businesses and their employees deserves particular scrutiny.

We ask the Commission to afford due consideration to NetApp’s arguments, in

accordance with all applicable laws and procedures. Balanced enforcement of
intellectual property rights is vital to our national economic welfare, to the
protection of fair competition, and to support a robust economy that drives
technology and innovation. Thank you for your time and attention to this matter.

Sincerely,

Linda Moore
TechNet President and CEO