U.S. and Taiwan (2008)

United States International Trade Commission

May 15, 2008
News Release 08-047
Inv. No. 337-TA-648
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN SEMICONDUCTOR INTEGRATED CIRCUITS USING TUNGSTEN METALLIZATION AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain semiconductor integrated circuits using tungsten metallization and products containing same. The products at issue in this investigation are semiconductor devices manufactured with tungsten metal.

The investigation is based on a complaint filed by LSI Corporation of Milpitas, CA, and Agere Systems Inc. of Allentown, PA, on April 18, 2008. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain semiconductor integrated circuits using tungsten metallization and products containing same that infringe a patent owned by the complainants. The complainants request that the ITC issue an exclusion order and a cease and desist order.

The ITC has identified the following as respondents in this investigation:

United Microelectronics Corporation of Taiwan;
Integrated Device Technology, Inc., of San Jose, CA;
AMIC Technology Corporation of Taiwan;
Cypress Semiconductor Corporation of San Jose, CA;
Elpida Memory, Inc., of Japan;
Freescale Semiconductor, Inc., of Austin, TX;
Grace Semiconductor Manufacturing Corporation of China;
Microchip Technology, Inc., of Chandler, AZ;
Micronas Semiconductor Holding, AG, of Switzerland;
National Semiconductor Corporation of Santa Clara, CA;
Nanya Technology Corporation of Taiwan;
NXP B.V. of the Netherlands;
ON Semiconductor Corporation of Phoenix, AZ;
Powerchip Semiconductor Corporation, of Taiwan;
ProMOS Technologies, Inc., of Taiwan;
Spansion, Inc., of Sunnyvale, CA;
STMicroelectronics NV of Switzerland; and
Vanguard International Semiconductor Corporation of Taiwan.

By instituting this investigation (337-TA-648), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Charles C. Charneski, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Charneski will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.