The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain semiconductor devices, semiconductor device packages, and products containing same. The products at issue in the investigation are semiconductor devices, semiconductor device packages, mobile devices, set-top boxes, gateways, modems, routers, Ethernet switches, network routing equipment, and infrastructure equipment for telecommunications, cable, networking, and cloud and enterprise systems.
The investigation is based on a complaint filed by Tessera Technologies, Inc.; Tessera, Inc.; and Invensas Corporation, all of San Jose, CA, on May 23, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain semiconductor devices, semiconductor device packages, and products containing the same that infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Broadcom Limited of Singapore;
Broadcom Corporation of Irvine, CA;
Avago Technologies Limited of Singapore;
Avago Technologies U.S. Inc. of San Jose, CA;
Arista Networks, Inc. of Santa Clara, CA;
ARRIS International plc of Suwanee, GA;
ARRIS Group, Inc. of Suwanee, GA;
ARRIS Technology, Inc. of Horsham, PA;
ARRIS Enterprises LLC of Suwanee, GA;
ARRIS Solutions, Inc. of Suwanee, GA;
Pace Ltd. of West Yorkshire, England;
Pace Americas, LLC of Boca Raton, FL;
Pace USA, LLC of Boca Raton, FL;
ASUSTeK Computer Inc. of Taipei, Taiwan;
ASUS Computer International of Fremont, CA;
Comcast Cable Communications, LLC of Philadelphia, PA;
Comcast Cable Communications Management, LLC of Philadelphia, PA;
Comcast Business Communications, LLC of Philadelphia, PA;
HTC Corporation of Taoyuan, Taiwan;
HTC America, Inc. of Bellevue, WA;
NETGEAR, Inc. of San Jose, CA;
Technicolor S.A. of Issy-Les-Moulineaux, France;
Technicolor USA, Inc. of Indianapolis, IN; and
Technicolor Connected Home USA LLC of Indianapolis, IN.
By instituting this investigation (337-TA-1010), 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.