ITC Institutes Patent Investigation on Certain Tungsten Semiconductor ICs/Products
The International Trade Commission has instituted a section 337 patent-based investigation of certain semiconductor integrated circuits (ICs) using tungsten metallization and products containing the same pursuant to a complaint.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
(The products at issue in this investigation are semiconductor devices manufactured with tungsten metal.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of LSI Corporation of Milpitas, California and Agere Systems Inc. of Allentown, Pennsylvania, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S, the sale for importation, and the sale within the U.S. after importation of certain semiconductor integrated circuits using tungsten metallization and products containing same that infringe claim 1 of U.S. Patent No. 5,227,335.
The complainants request that after the investigation, the ITC issue an exclusion order and cease and desist orders.
Respondents Alleged to Be in Violation of Section 337
The respondents are the following entities alleged to be in violation of section 337:
United Microelectronics Corporation of Taiwan;
Integrated Device Technology, Inc., of San Jose, CA;
AMIC Technology Corporation of Taiwan;
Cypress Semiconductor Corporation of San Jose, CA;
Elpida Memory, Inc., of Japan;
Freescale Semiconductor, Inc., of Austin, TX;
Grace Semiconductor Manufacturing Corporation of China;
Microchip Technology, Inc., of Chandler, AZ;
Micronas Semiconductor Holding, AG, of Switzerland;
National Semiconductor Corporation of Santa Clara, CA;
Nanya Technology Corporation of Taiwan;
NXP B.V. of the Netherlands;
ON Semiconductor Corporation of Phoenix, AZ;
Powerchip Semiconductor Corporation, of Taiwan;
ProMOS Technologies, Inc., of Taiwan;
Spansion, Inc., of Sunnyvale, CA;
STMicroelectronics NV of Switzerland; and
Vanguard International Semiconductor Corporation of Taiwan.
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
ITC contact - Thomas Fusco (202) 205-2571
ITC notice (Inv. No. 337-TA-648, FR Pub 05/21/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-11308.pdf
ITC press release (08-047, dated 05/15/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er0515ff1.htm