Notice2026-02297
Certain Semiconductor Devices and Products Containing the Same; Notice of a Commission Determination To Review in Part a Final Initial Determination Finding a Violation; Request for Written Submissions on Remedy, the Public Interest, and Bonding
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Published
February 5, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to review in part a final initial determination ("Final ID") of the presiding administrative law judge ("ALJ"). The Commission requests written submissions, submissions from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below.
Full Text
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<title>Federal Register, Volume 91 Issue 24 (Thursday, February 5, 2026)</title>
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[Federal Register Volume 91, Number 24 (Thursday, February 5, 2026)]
[Notices]
[Pages 5259-5261]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02297]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1414]
Certain Semiconductor Devices and Products Containing the Same;
Notice of a Commission Determination To Review in Part a Final Initial
Determination Finding a Violation; Request for Written Submissions on
Remedy, the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to review in part a final
initial determination (``Final ID'') of the presiding administrative
law judge (``ALJ''). The Commission requests written submissions,
submissions from the parties, interested government agencies, and other
interested persons on the issues of remedy, the public interest, and
bonding, under the schedule set forth below.
FOR FURTHER INFORMATION CONTACT: Joelle Justus, Esq., Office of the
General
[[Page 5260]]
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2593. 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#c481808d97f78ca1a8b484b1b7adb0a7eaa3abb2"><span class="__cf_email__" data-cfemail="f4b1b0bda7c7bc919884b481879d8097da939b82">[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 August 30, 2024, based on a complaint filed by Infineon Technologies
Americas Corp. of El Segundo, California, and Infineon Technologies
Austria AG of Villach, Austria (collectively, ``Complainants'' or
``Infineon''). 89 FR 70667-68 (Aug. 30, 2024). The complaint, as
supplemented, alleges violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, in the importation into the United
States, the sale for importation, or the sale within the United States
after importation of certain semiconductor devices and products
containing the same by reason of infringement of claims 1-4, 6, 9, and
17 of U.S. Patent No. 9,899,481 (``the '481 patent''); claims 1, 2, 8-
10, and 13-15 of U.S. Patent No. 8,686,562 (``the '562 patent'');
claims 1-4, 8, and 9 of U.S. Patent No. 9,070,755 (``the '755
patent''); and claims 1, 2, and 10 of U.S. Patent No. 8,264,003 (``the
'003 patent''). Id. at 70667. The complaint further alleges that a
domestic industry exists. Id. The Commission's notice of investigation
named as respondents Innoscience (Suzhou) Technology Company, Ltd., of
Lili Town, China; Innoscience (Suzhou) Semiconductor Co., Ltd., of Lili
Town, China; Innoscience (Zhuhai) Technology Company, Ltd., of
Guangdong, China; and Innoscience America, Inc., of Santa Clara,
California (collectively, ``Respondents'' or ``Innoscience''). Id. The
Office of Unfair Import Investigations is not participating in the
investigation. Id.
On November 4, 2024, the Commission determined not to review an
initial determination granting Complainants' unopposed motion to amend
the complaint and notice of investigation to correct the corporate
title of Respondent Innoscience (Suzhou) Technology Co., Ltd. to
Innoscience (Suzhou) Technology Holding Co., Ltd. See Order No. 7 (Oct.
10, 2024), unreviewed by Comm'n Notice (Nov. 4, 2024). On April 29,
2025, the Commission determined not to review an initial determination
granting Complainants' unopposed motion to terminate the investigation
as to all asserted claims of the '003 patent and claim 9 of the '481
patent. See Order No. 27 (Apr. 3, 2025), unreviewed by Comm'n Notice
(Apr. 29, 2025). And on May 20, 2025, the Commission determined not to
review an initial determination granting Complainants' unopposed motion
to terminate the investigation as to all asserted claims of the '562
patent. See Order No. 46 (Apr. 30, 2025), unreviewed by Comm'n Notice
(May 20, 2025).
On December 2, 2025, the ALJ issued the Final ID finding a
violation of section 337 by Innoscience with respect to the '481
patent, and no violation with respect to the '755 patent. The Final ID
finds, inter alia, that (1) Infineon proved infringement and
satisfaction of the technical prong of the domestic industry
requirement (``technical prong'') for claims 1-4, 6, and 17 of the '481
patent, and that Innoscience did not show any of those claims invalid;
(2) Infineon failed to show infringement or satisfaction of the
technical prong for claims 1-4, 8, and 9 of the '755 patent and
Innoscience did not show any of the asserted claims of the '755 patent
invalid. The Final ID also finds that Infineon satisfied the economic
prong of the domestic industry requirement for the '481 patent.
The ALJ also issued a recommended determination (``RD'') on remedy
and bonding. The RD recommends that, if the Commission were to find a
violation, it should issue a limited exclusion order as well as and
cease and desist orders against the Respondents based on their
significant U.S. inventory and significant U.S. operations. The RD
further recommends that the Commission issue a bond of one hundred
(100) percent.
On December 15, 2025, Innoscience filed a petition for review of
the Final ID's finding of violation as to the '481 patent. That same
day, Infineon filed a petition for review of the Final ID's finding of
no violation as to the '755 patent. The parties filed responses to the
petitions on December 23, 2025.
Having reviewed the record of the investigation, including the
Final ID, the parties' submissions to the ALJ, the petitions for
review, and the responses thereto, the Commission has determined to
review the Final ID in part. Specifically, the Commission has
determined to review the Final ID's findings as to the '481 patent
regarding claim construction of ``lateral transistor devices,''
infringement, technical and economic prongs of the domestic industry
requirement, and validity. The Commission has determined not to review
the remainder of the Final ID.
In connection with its review, the Commission requests responses to
the following questions. The parties are requested to brief their
positions with reference to the applicable law and the existing
evidentiary record.
1. With respect to whether claims 1-3 and 6 of the '481 patent are
rendered obvious by Nega in combination with Roberts:
a. Have Respondents met their burden to show a reasonable
likelihood of success? In answering this question, please address, in
addition to any other relevant considerations, Infineon's arguments
regarding the complexities of packaging design (including such factors
as thermal control and current conductions).
b. If the Commission finds that Respondents have made a prima facie
showing of obviousness, do secondary considerations rebut this showing?
In this situation, should the Commission remand the issue to the ALJ to
make findings on secondary considerations in the first instance?
2. Does the record permit a quantitative and qualitative assessment
of the significance of complainant's domestic industry investments/
expenses that takes into account all non-U.S. activities, including
manufacturing, related to the DI products? Examples of such a
quantitative assessment include a comparison of domestic with foreign
investments; a value-added analysis; or a comparison of domestic
investments to total value of, or revenue (U.S., global, or both) from,
the DI products. In answering this question, please address the
appropriate use of the data in CDX-0005C.25.
The parties are invited to brief only the discrete issues requested
above. The parties are not to brief other issues on review, which are
adequately presented in the parties' existing filings.
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, (1) an exclusion order that
could result in the exclusion of the subject articles from entry into
the United States; and/or (2) cease and desist orders that could result
in the respondents being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
the Commission is interested in receiving written submissions that
address the form of remedy, if any, that should be ordered. If a party
seeks exclusion of an
[[Page 5261]]
article from entry into the United States for purposes other than entry
for consumption, the party should so indicate and provide information
establishing that activities involving other types of entry either are
adversely affecting it or likely to do so. For background, see Certain
Devices for Connecting Computers via Telephone Lines, Inv. No. 337-TA-
360, USITC Pub. No. 2843, Comm'n Op. at 7-10 (Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order and
cease and desist orders would have on: (1) the public health and
welfare, (2) competitive conditions in the U.S. economy, (3) U.S.
production of articles that are like or directly competitive with those
that are subject to investigation, and (4) U.S. consumers. The
Commission is therefore interested in receiving written submissions
that address the aforementioned public interest factors in the context
of this investigation.
In connection with the consideration of the public interest, the
Commission requests responses from the parties to the following
question:
1. Please identify which, if any, of the '481 patent accused
products are subject to the remedial orders in Investigation No. 337-
TA-1366.
2. Please identify with supporting facts and data the share of the
U.S. market for the '481 patent accused products, and also delineate
the market share for any '481 patent accused products that are not
subject to the remedial orders in Investigation No. 337-TA-1366. Please
also identify with supporting facts and data the share of the U.S.
market for the Infineon '481 patent DI products, as well as other
suppliers and whether these suppliers have the capability to supply
U.S. demand in the event of an exclusion order and/or cease and desist
orders.
3. Please explain with supporting facts and data the extent to
which competitors' products are reasonable substitutes for the accused
products.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: The parties to the investigation are requested
to file written submissions on the issues identified in this notice.
Parties to the investigation, interested government agencies, and any
other interested parties are encouraged to file written submissions on
the issues of remedy, the public interest, and bonding. Such
submissions should address the recommended determination by the ALJ on
remedy and bonding.
In its initial submission, Complainant is also requested to
identify the remedy sought and to submit proposed remedial orders for
the Commission's consideration. Complainant is further requested to
state the date that the '481 patent expires, to provide the HTSUS
subheadings under which the accused products are imported, and to
supply the identification information for all known importers of the
products at issue in this investigation. All initial written
submissions, from the parties and/or third parties/interested
government agencies, and proposed remedial orders from the parties must
be filed no later than close of business on February 17, 2026. All
reply submissions must be filed no later than the close of business on
February 24, 2026. Opening submissions from the parties are limited to
30 pages. Reply submissions from the parties are limited to 15 pages.
All submission from third parties and/or interested government agencies
are limited to 10 pages. No further submissions on any of these issues
will be permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above pursuant to 19
CFR 210.4(f). Submissions should refer to the investigation number
(Inv. No. 337-TA-1414) in a prominent place on the cover page and/or
the first page. (See Handbook for Electronic Filing Procedures, <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>). Persons
with questions regarding filing should contact the Secretary, (202)
205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information
must serve those comments on the parties to the investigation pursuant
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed with the
Commission and served on any parties to the investigation within two
business days of any confidential filing. All information, including
confidential business information and documents for which confidential
treatment is properly sought, submitted to the Commission for purposes
of this investigation may be disclosed to and used: (i) by the
Commission, its employees and Offices, and contract personnel (a) for
developing or maintaining the records of this or a related proceeding,
or (b) in internal investigations, audits, reviews, and evaluations
relating to the programs, personnel, and operations of the Commission
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government
employees and contract personnel, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All nonconfidential written submissions will be available for public
inspection on EDIS.
The Commission vote for this determination took place on February
2, 2026.
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: February 2, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-02297 Filed 2-4-26; 8:45 am]
BILLING CODE 7020-02-P
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