ITC Institutes Patent Investigation of Certain Semiconductor Chips Brought by Panasonic
The International Trade Commission has instituted a section 337 patent-based investigation of certain large scale integrated circuit semiconductor chips and products containing the same, pursuant to a complaint (Inv. No. 337-TA-716).
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 chips that incorporate memory and logic circuits on a single semiconductor die.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Panasonic Corporation of Japan, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain large scale integrated circuit semiconductor chips that infringe patents asserted by Panasonic.
The complainant requests that the ITC issue exclusion orders and cease and desist orders.
Companies Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337 in this investigation:
- Freescale Semiconductor, Inc., of Austin, TX;
- Freescale Semiconductor Japan Ltd. of Japan;
- Freescale Semiconductor of Xiqing Integrated Semiconductor Manufacturing Site of China;
- Freescale Semiconductor Innovation Center of China;
- Freescale Semiconductor Malaysia Sdn. Bhd. of Malaysia;
- Freescale Semiconductor Pte. Ltd. of Singapore;
- Freescale Semiconductor Taiwan Ltd. of Taiwan;
- Motorola Inc. of Schaumburg, IL;
- Mouser Electronics, Inc., of Mansfield, TX; and
- Premier Farnell Corporation d/b/a Newark of Independence, Ohio.
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 press release (No. 10-043, dated 04/29/10) available at http://www.usitc.gov/press_room/news_release/2010/er0429hh3.htm