Notice2022-24721
Certain Electronic Devices, Semiconductor Devices, and Components Thereof Institution of Investigation
Primary source
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Published
November 14, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 6, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Bell Semiconductor, LLC of Bethlehem, Pennsylvania. Supplements to the complaint were filed on October 21 and 28, 2022. The complaint alleges violations of section 337 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, semiconductor devices, and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,231,626 ("the '626 Patent") and U.S. Patent No. 7,260,803 ("the '803 Patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 87 Issue 218 (Monday, November 14, 2022)</title>
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[Federal Register Volume 87, Number 218 (Monday, November 14, 2022)]
[Notices]
[Pages 68192-68193]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24721]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1340]
Certain Electronic Devices, Semiconductor Devices, and Components
Thereof Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on October 6, 2022, under section
337 of the Tariff Act of 1930, as amended, on behalf of Bell
Semiconductor, LLC of Bethlehem, Pennsylvania. Supplements to the
complaint were filed on October 21 and 28, 2022. The complaint alleges
violations of section 337 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, semiconductor devices,
and components thereof by reason of infringement of certain claims of
U.S. Patent No. 7,231,626 (``the '626 Patent'') and U.S. Patent No.
7,260,803 (``the '803 Patent''). The complaint further alleges that an
industry in the United States exists as required by the applicable
Federal Statute.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, 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#0b4e4f425838436e677b4b7e78627f68256c647d"><span class="__cf_email__" data-cfemail="ca8f8e8399f982afa6ba8abfb9a3bea9e4ada5bc">[email protected]</span></a>. Hearing impaired individuals are advisedthat
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. 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>.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2022).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on November 7, 2022, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims
[[Page 68193]]
1-6 and 9-11 of the '803 patent and claims 1-4 of the '626 patent, and
whether an industry in the United States exists as required by
subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``semiconductor
devices, and specifically undiced wafers, diced wafers, packaged chips
and chipsets both attached and unattached to printed circuit boards;
and end products incorporating such articles, specifically cellular
telephones and tablet computers, personal computers, graphics cards,
memory modules, and radios'';
(3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties or other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, which shall be limited to the
statutory public interest factors set forth in 19 U.S.C. l337(d)(l),
(f)(1), (g)(1);
(4) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is:
Bell Semiconductor, LLC, One West Broad Street, Suite 901,
Bethlehem, PA 18018.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
NXP Semiconductors, N.V., 60 High Tech Campus, Eindhoven, Netherlands,
5656
NXP B.V., 60 High Tech Campus, Eindhoven, Netherlands, 5656
NXP USA, Inc., 6501 William Cannon Drive West, Austin, TX 78735
SMC Networks, Inc. d/b/a/IgniteNet, 20 Mason, Irvine, CA 92618
Micron Technology, Inc., 8000 South Federal Way, PO Box 6, Boise, ID
83707
NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara, CA 95051
Advanced Micro Devices, Inc., 2485 Augustine Drive, Santa Clara, CA
05054
Acer, Inc., 1F, 88, Sec. 1, Xintai 5th Rd. Xizhi, New Taipei City 221,
Taiwan
Acer America Corporation, 333 West San Carlos Street Suite 1500, San
Jose, CA 95110
Infineon Technologies AG, Biberger Strasse 93, 82008 Neubiberg, Germany
Infineon Technologies America Corp., 640 N McCarthy Blvd., Milpitas, CA
95035
Motorola Mobility LLC, 222 W Merchandise Mart Plaza, Suite 1800,
Chicago, IL 60654
Western Digital Technologies, Inc., 5601 Great Oaks Parkway, San Jose,
CA 95119
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: November 8, 2022.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2022-24721 Filed 11-10-22; 8:45 am]
BILLING CODE 7020-02-P
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