Certain Semiconductor Devices, Products Containing Same, and Components Thereof; Notice of Institution of Investigation
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Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 26, 2026, under section 337 of the Tariff Act of 1930, as amended, on behalf of GlobalFoundries U.S. Inc. of Malta, New York. A supplement to the complaint was filed on April 1, 2026. The complaint, as supplemented, 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 semiconductor devices, products containing same, and components thereof by reason of the infringement of certain claims of U.S Patent No. 8,330,235 ("the '235 patent"); U.S. Patent No. 8,507,983 ("the '983 patent"); U.S. Patent No. 9,093,425 ("the '425 patent"); U.S. Patent No. 9,865,546 ("the '546 patent"); U.S. Patent No. 10,062,748 ("the '748 patent"); and U.S. Patent 10,707,167 ("the '167 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.
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<title>Federal Register, Volume 91 Issue 83 (Thursday, April 30, 2026)</title>
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[Federal Register Volume 91, Number 83 (Thursday, April 30, 2026)]
[Notices]
[Pages 23305-23306]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08439]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1500]
Certain Semiconductor Devices, Products Containing Same, and
Components Thereof; Notice of 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 March 26, 2026, under section
337 of the Tariff Act of 1930, as amended, on behalf of GlobalFoundries
U.S. Inc. of Malta, New York. A supplement to the complaint was filed
on April 1, 2026. The complaint, as supplemented, 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 semiconductor devices, products containing same,
and components thereof by reason of the infringement of certain claims
of U.S Patent No. 8,330,235 (``the '235 patent''); U.S. Patent No.
8,507,983 (``the '983 patent''); U.S. Patent No. 9,093,425 (``the '425
patent''); U.S. Patent No. 9,865,546 (``the '546 patent''); U.S. Patent
No. 10,062,748 (``the '748 patent''); and U.S. Patent 10,707,167 (``the
'167 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#4306070a10700b262f330336302a37206d242c35"><span class="__cf_email__" data-cfemail="b4f1f0fde787fcd1d8c4f4c1c7ddc0d79ad3dbc2">[email protected]</span></a>. Hearing impaired individuals are advised that
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: Susan Orndoff, The Office of the
Secretary, Docket Services Division,
[[Page 23306]]
U.S. International Trade Commission, telephone (202) 205-1802.
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 (2025).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on April 27, 2026, 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 1, 5-12, and 15-19 of the '235 patent; claims 1-7, 13-18, and 20
of the '983 patent; claims 1-9 of the '425 patent; claims 1-14 of the
'546 patent; claims 1-12, 14, and 16-18 of the '748 patent; and claims
1-6 of the '167 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 ``certain
semiconductor devices manufactured using Tower's RF, power management,
BCD, logic, SiGe, and BiCMOS processes, including wafers and chips, and
components thereof'';
(3) 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:
GlobalFoundries U.S. Inc., 400 Stonebreak Road Extension, Malta, NY
12020
(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:
Tower Semiconductor Ltd., Ramat Gavriel Industrial Park, 20 Shaul Amor
Avenue, P.O. Box 619, Migdal Haemek, 2310502, Israel
Tower Partners Semiconductor Co., Ltd., 800 Higashiyama, Uozu-city
Toyama, 937-8585, Japan
Tower Semiconductor Italy S.R.L. (Italy), Via Marco De Marchi 7, 20121
Milano (MI), Italy
Tower US Holdings, Inc., 4321 Jamboree Road, Newport Beach, California
92660
Tower Semiconductor San Antonio, Inc., 9651 Westover Hills Boulevard,
San Antonio, Texas 78251
Tower NPB Holdings, Inc., 2570 N 1st Street, Suite 480, San Jose,
California 95131
Tower Semiconductor Newport Beach, Inc., 4321 Jamboree Road, Newport
Beach, California 92660
Newport Fab LLC, 4321 Jamboree Road, Newport Beach, California 92660
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
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), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission 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: April 28, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-08439 Filed 4-29-26; 8:45 am]
BILLING CODE 7020-02-P
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