Notice2022-16231
Certain Electronic Devices and Semiconductor Devices With Timing-Aware Dummy Fill and Components Thereof; Notice of the Commission's Determination Not To Review an Initial Determination Setting a 20-Month Target Date and an Initial Determination Granting a Motion To Intervene
Primary source
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Published
July 28, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's ("ALJ") initial determination ("ID") (Order No. 3) setting a 20-month target date and an ID (Order No. 5) granting Cadence Design Systems, Inc.'s ("Cadence") motion to intervene.
Full Text
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<title>Federal Register, Volume 87 Issue 144 (Thursday, July 28, 2022)</title>
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[Federal Register Volume 87, Number 144 (Thursday, July 28, 2022)]
[Notices]
[Page 45360]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16231]
[[Page 45360]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1319]
Certain Electronic Devices and Semiconductor Devices With Timing-
Aware Dummy Fill and Components Thereof; Notice of the Commission's
Determination Not To Review an Initial Determination Setting a 20-Month
Target Date and an Initial Determination Granting a Motion To Intervene
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 3)
setting a 20-month target date and an ID (Order No. 5) granting Cadence
Design Systems, Inc.'s (``Cadence'') motion to intervene.
FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office
of the General Counsel, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436, telephone (202) 205-2737. Copies of
non-confidential documents filed in connection with this investigation
may be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#3f7a7b766c0c775a534f7f4a4c564b5c11585049"><span class="__cf_email__" data-cfemail="7633323f25453e131a063603051f021558111900">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on June 13, 2022, based on a complaint filed by Bell Semiconductor, LLC
of Bethlehem, Pennsylvania (``Complainant''). 87 FR 35791-92 (June 13,
2022). The complaint, as supplemented, alleged violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon
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 by reason of the infringement of certain
claims of U.S. Patent No. 7,007,259. The complaint, as supplemented,
further alleged that a domestic industry exists. The notice of
investigation named as respondents: NXP Semiconductors, N.V. of
Eindhoven, Netherlands; NXP B.V. of Eindhoven, Netherlands; NXP USA,
Inc. of Austin, Texas; SMC Networks, Inc. d/b/a/IgniteNet of Irvine,
California; Micron Technology, Inc. of Boise, Idaho; NVIDIA Corporation
of Santa Clara, California; Advanced Micro Devices, Inc. of Santa
Clara, California; Acer, Inc. of New Taipei City, Taiwan; Acer America
Corporation of San Jose, California; Infineon Technologies America
Corp. of Milpitas, California; Analog Devices Inc. of Norwood,
Massachusetts; Bose Corporation of Framingham, Massachusetts; Marvell
Technology Group, Ltd. of Hamilton, Bermuda; Marvell Semiconductor,
Inc. of Santa Clara, California; Suteng Innovation Technology Co., Ltd.
d/b/a RoboSense of Shenzen, China; Kioxia Corporation of Tokyo, Japan;
Kioxia America, Inc. of San Jose, California; Socionext Inc. of
Yokohama, Japan; Socionext America, Inc. of Santa Clara, California;
Qualcomm Technologies, Inc. of San Diego, California; Lenovo Group Ltd.
of Haidan District, China and Motorola Mobility LLC of Chicago,
Illinois. The Office of Unfair Import Investigations (``OUII'') is also
participating in the investigation.
On June 15, 2022, Cadence moved to intervene in the instant
investigation with full participation rights and obligations. Motion at
1-2 (June. 15, 2022). Cadence asserts, however, that while it requests
full participation rights as an intervening party, it does not seek to
be accorded respondent status. Cadence explains that Complainant's
infringement allegations rely, at least in part, on the functionality
of Cadence's software tool technology which is alleged to be used to
design one or more of the respondents' devices. Id. at 4-6. Cadence
further argues that Complainant also relies on Cadence's products to
allege the existence of a domestic industry. Id. at 6-7. Cadence
explains that the Commission follows Rule 24 of the Rules of Civil
Procedure which ``provides that a party may intervene when it files a
timely motion, has an interest relating to the property or transaction
which is the subject of the action, is so situated that the disposition
of the action may as a practical matter impair or impede its ability to
protect that interest, and is not adequately represented by existing
parties.'' Id. at 7 (citing Rule 24). Cadence contends (1) that it has
substantial interest in this investigation because Complainant seeks to
exclude at least some products because they are made, produced, or
processed by design tools from Cadence, (2) Cadence is the only party
with knowledge of its technology and has the greatest interest in
defending it, and (3) its motion is timely. Id. at 8-11.
On June 23, 2022, the presiding ALJ issued an ID (Order No. 5)
granting Cadence's motion to intervene. The ID found that Cadence meets
the requirements of Commission Rule 210.19 (19 CFR 210.19) and
established that it has interests in this investigation, and thus the
ALJ determined that Cadence should be granted intervenor status. No one
petitioned for review of Order No. 5.
Also, on June 23, 2022, the presiding ALJ issued Order No. 3
setting a 20-month target date of February 20, 2024. The ID explained
that the target date is necessary due to the ALJ's obligations in other
investigations.
On June 30, 2022, Complainant petitioned for review of Order No. 3.
On July 8, 2022, OUII, Respondents Analog Devices, Inc., Infineon
Technologies Americas Corp., Bose Corporation, Motorola Mobility LLC,
Qualcomm Technologies, Inc., Acer, Inc., Acer America Corporation,
Advanced Micro Devices, Inc., and Micron Technology, Inc., and
Respondents Kioxia Corporation, Kioxia America, Inc., Marvell
Semiconductor, Inc., Marvell Technology Group Ltd., NVIDIA Corporation,
NXP Semiconductors, N.V., NXP B.V, NXP USA, Inc., Suteng Innovation
Technology Co. Ltd. d/b/a RoboSense, Socionext Inc., Socionext America,
Inc., and SMC Networks, Inc. d/b/a/IgniteNet filed separate responses
to Complainant's petition for review.
The Commission has determined not to review the subject IDs. With
respect to Order No. 3, the Commission notes that the ALJs have wide
discretion in managing their own caseloads. The target date for this
investigation was set, for good cause, at 20-months based on the ALJ's
obligations in other matters.
The Commission vote for this determination took place on July 25,
2022.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: July 25, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-16231 Filed 7-27-22; 8:45 am]
BILLING CODE 7020-02-P
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