January 17, 2014
News Release 14-007
Inv. No. 337-TA-906
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
OF CERTAIN STANDARD CELL LIBRARIES, PRODUCTS CONTAINING OR MADE
USING THE SAME, INTEGRATED CIRCUITS MADE USING THE SAME, AND PRODUCTS
CONTAINING SUCH INTEGRATED CIRCUITS
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain standard cell libraries, products containing or made using the same, integrated circuits made using the same, and products containing such integrated circuits. The products at issue in this investigation include standard cell libraries; products made using such standard cell libraries, such as wafers and integrated circuits; and products containing such integrated circuits, such as servers, computers, video game systems, televisions, mobile telephones, and tablets.
The investigation is based on a complaint filed by Tela Innovations, Inc., of Los Gatos, CA, on December 23, 2013. A supplement to the complaint was filed on January 6, 2014. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain standard cell libraries, products containing or made using the same, integrated circuits made using the same, and products containing such integrated circuits that infringe a patent asserted by Tela. The complainant requests that the USITC issue a general exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Taiwan Semiconductor Manufacturing Co., Limited, of Hsinchu, Taiwan; and
TSMC North America of San Jose, CA.
By instituting this investigation (337-TA-906), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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.