Netgear has filed a complaint against Asus with the FCC accusing that the company is submitting wrong and misleading information with the commission and has also knocked the doors of court claiming damages and seeking injunctive relief on unfair competition and false advertising grounds.
The lawsuit was filed with the California District court on July 23 claiming that Asus is shipping its routers with Wi-Fi output levels different from the levels it has submitted with the FCC. Netgear has pointed out two routers from Asustek – the RT-N65U and RT-AC66U, which failed to comply with the FCC regulations related to operational mode/description, radiated emission band edge test, peak power output, power density, RF antenna conduction, occupied bandwidth and radiated emission levels. Netgear claims that Asus is conspiring with QuieTek Corp, a third-party testing lab, and submitting false test results to the FCC.
Sandeep Harpalani, Netgear’s Product Marketing Director, said in an interview with PCWord that the output levels as misreported by Asus could have cause some sort of interference in emergency response and navigation systems. Harpalani said that his company had earlier informed Asus regarding the matter but no satisfactory response was received from the company, which forced Netgear to move ahead with the complaint and lawsuit as a last resort.
The reason Netgear filed a lawsuit seeking damages is that consumers are buying the aforementioned routers because of Asustek’s false advertising that the routers comply with FCC regulations. According to Netgear if consumers were aware that the routers were actually not complying with FCC, they would have instead bought Netgear routers.
Netgear is demanding for ban on imports of non-compliant Asus routers, recall of all sold non-compliant ones, pay Netgear restitution & damages for lost profits as well as three times the damages because of false advertising.