U.S. and Taiwan (2008)

United States International Trade Commission

May 21, 2008
News Release 08-049
Inv. No. 337-TA-649
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN SEMICONDUCTOR CHIPS WITH MINIMIZED CHIP PACKAGE SIZE AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain semiconductor chips with minimized chip package size and products containing same. The computer chips at issue in this investigation are used in a variety of products, including cellular telephones, computers, and digital cameras.

The investigation is based on a complaint filed by Tessera, Inc., of San Jose, CA, on April 21, 2008. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States of certain semiconductor chips with minimized chip package size and products containing same that infringe patents owned by Tessera. The complainant requests that the ITC issue exclusion orders and cease and desist orders.

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

ASE Inc. of Taiwan;
ASE Test Limited of Taiwan;
ASE (U.S.) Inc. of Santa Clara, CA;
ChipMOS Technologies Inc. of Taiwan;
ChipMOS Technologies (Bermuda) Ltd. of Taiwan;
ChipMOS USA Inc. of San Jose, CA;
Siliconware Precision Industries Co., Ltd., of Taiwan;
Siliconware USA Inc. of San Jose, CA;
STATS Chippac (BVI) Limited of the British Virgin Islands;
STATS Chippac, Ltd., of Singapore; and
STATS Chippac, Inc., of Freemont, CA.

By instituting this investigation (337-TA-649), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Theodore Essex, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Essex 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.