USITC Institutes Section 337 Investigation of Certain Electronic Devices and Semiconductor Devices with Timing-Aware Dummy Fill and Components Thereof | United States International Trade Commission

June 7, 2022
News Release 22-067
Inv. No(s). 337-TA-1319
Contact: Jennifer Andberg, 202-205-1819

USITC Institutes Section 337 Investigation of Certain Electronic Devices and Semiconductor Devices with Timing-Aware Dummy Fill and Components Thereof

The U.S. International Trade Commission (USITC) voted to institute an investigation of certain electronic devices and semiconductor devices with timing-aware dummy fill and components thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.

The investigation is based on a complaint filed by Bell Semiconductor, LLC of Bethlehem, PA on April 28, 2022 and supplemented on May 6, 2022, May 13, 2022, and May 19, 2022 (as revised on May 25, 2022). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain electronic devices and semiconductor devices with timing-aware dummy fill and components thereof that infringe the patent asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

The USITC has identified the following as the respondents this investigation:

NXP Semiconductors, N.V. of Eindhoven, The Netherlands;
NXP B.V. of Eindhoven, The Netherlands;
NXP USA, Inc. of Austin, TX;
SMC Networks, Inc. d/b/a IgniteNet of Irvine, CA;
Micron Technology, Inc. of Boise, ID;
NVIDIA Corporation of Santa Clara, CA;
Advanced Micro Devices, Inc. of Santa Clara, CA;
Acer, Inc. of New Taipei City, Taiwan;
Acer America Corporation of San Jose, CA;
Infineon Technologies America Corp. of Milpitas, CA;
Analog Devices Inc. of Norwood, MA;
Bose Corporation of Framingham, MA;
Marvell Technology Group, Ltd. of Hamilton, Bermuda;
Marvell Semiconductor, Inc. of Santa Clara, CA;
Suteng Innovation Technology Co., Ltd. d/b/a RoboSense of Shenzen, China;
Kioxia Corporation of Tokyo, Japan;
Kioxia America, Inc. of San Jose, CA;
Socionext Inc. of Yokohama, Kanagawa, Japan;
Socionext America, Inc. of Santa Clara, CA;
Qualcomm Technologies, Inc. of San Diego, CA;
Lenovo Group Ltd. of Haidan District, China; and
Motorola Mobility LLC of Chicago, IL.

By instituting this investigation (337-TA-1319), 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.

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