Notice2026-09338
Certain Semiconductor Devices and Products Containing the Same; Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 12, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has found a violation of section 337 in the above-captioned investigation. The Commission has determined to issue: (1) a limited exclusion order ("LEO") prohibiting the unlicensed entry of infringing semiconductor devices and products containing the same that are manufactured by or on behalf of, or imported by or on behalf of, the respondents; and (2) cease and desist orders ("CDOs") against the respondents. The investigation is terminated.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 91 (Tuesday, May 12, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 91 (Tuesday, May 12, 2026)]
[Notices]
[Pages 25924-25926]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09338]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1414]
Certain Semiconductor Devices and Products Containing the Same;
Notice of the Commission's Final Determination Finding a Violation of
Section 337; Issuance of a Limited Exclusion Order and Cease and Desist
Orders; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has found a violation of section 337 in the
above-captioned investigation. The Commission has determined to issue:
(1) a limited exclusion order (``LEO'') prohibiting the unlicensed
entry of infringing semiconductor devices and products containing the
same that are manufactured by or on behalf of, or imported by or on
behalf of, the respondents; and (2) cease and desist orders (``CDOs'')
against the respondents. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Joelle Justus, Esq., Office of the
General 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#94d1d0ddc7a7dcf1f8e4d4e1e7fde0f7baf3fbe2"><span class="__cf_email__" data-cfemail="afeaebe6fc9ce7cac3dfefdadcc6dbcc81c8c0d9">[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,
[[Page 25925]]
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 Zhuhai, 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 initial determination
(``FID'') finding a violation of section 337 by Innoscience with
respect to the '481 patent, and no violation with respect to the '755
patent. The FID found, 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 satisfy 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 FID also founds 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 recommended 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 recommended that the Commission impose a bond of one hundred
(100%) percent.
On December 15, 2025, Innoscience filed a petition for review of
the FID's finding of violation as to the '481 patent. That same day,
Infineon filed a petition for review of the FID's finding of no
violation as to the '755 patent. The parties filed responses to the
petitions on December 23, 2025.
On January 2, 2026, Respondents submitted public interest comments
pursuant to Commission Rule 210.50(a)(4) (19 CFR 210.50(a)(4)). No
submissions were filed by third parties in response to the Commission's
Federal Register notice seeking submissions on the public interest. See
90 FR 56798-99 (Dec. 8, 2025).
On February 2, 2026, the Commission determined to review the FID's
findings regarding the '481 patent relating to the construction of the
term ``lateral transistor device,'' infringement, validity, technical
prong, and economic prong. 91 FR 5259-61 (Feb. 5, 2026). The Commission
determined not to review the FID's findings regarding the '755 patent.
See id. at 5260. The Commission requested briefing from the parties on
certain issues under review and potential remedial orders, and from the
parties, interested government agencies, and other interested persons
on the issues of remedy, the public interest, and bonding. Id. at 5260-
61.
On February 17, 2026, the parties filed their respective written
submissions on the issues under review and remedy, public interest, and
bonding. On February 24, 2026, the parties filed their reply
submissions. The Commission did not receive any submissions from third-
parties regarding the public interest.
Having examined the record in this investigation, including the
FID, the parties' submissions to the ALJ, the petitions for review and
responses thereto, and the parties' submissions to the Commission and
responses thereto, the Commission has determined to find a violation of
section 337. As set forth in the simultaneously-issued Commission
opinion, the Commission has determined to adopt a modified construction
of the term ``lateral transistor device'' and affirm with modified
reasoning the FID's infringement analysis. The Commission affirms in
part with modified reasoning, takes no position in part, and reverses
in part the FID's invalidity analysis, and finds that Innoscience has
proven claims 1-3 and 6 of the '481 patent invalid as obvious. The
Commission also affirms in part and reverses in part the FID's finding
that Infineon satisfied the technical prong of the domestic industry
requirement. Finally, the Commission affirms with supplemental
reasoning that Infineon satisfied the economic prong of the domestic
industry requirement. Therefore, the Commission finds a violation of
section 337 as to claims 4 and 17 of the '481 patent.
The Commission has determined that the appropriate form of relief
is an LEO prohibiting the unlicensed entry of infringing semiconductor
devices and products containing the same manufactured by or on behalf
of Respondents or any of their affiliated companies, parents,
subsidiaries, or other related business entities, or their successors
or assigns. The Commission has also determined to issue CDOs to each
Respondent.
The Commission has further determined that the public interest
factors enumerated in subsections (d)(l) and (f)(1) (19 U.S.C.
1337(d)(l), (f)(1)) do not preclude issuance of the above-referenced
remedial orders. Additionally, the Commission has determined to impose
a bond in the amount of one hundred percent (100%) as to the infringing
products imported during the period of Presidential review (19 U.S.C.
1337(j)). The investigation is terminated.
The Commission vote for this determination took place on May 7,
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).
[[Page 25926]]
By order of the Commission.
Issued: May 7, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-09338 Filed 5-11-26; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 12, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.