[Federal Register Volume 73, Number 99 (Wednesday, May 21, 2008)]
[Notices]
[Pages 29534-29535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11308]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-648]


In the Matter of Certain Semiconductor Integrated Circuits Using 
Tungsten Metallization and Products Containing Same; Notice of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 18, 2008, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
LSI Corporation of Milpitas, California and Agere Systems Inc. of 
Allentown, Pennsylvania. The complaint 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 integrated circuits using tungsten metallization 
and products containing same that infringe claim 1 of U.S. Patent No. 
5,227,335. The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is available for inspection during official business 
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street, SW., Room 112, 
Washington, DC 20436, telephone 202-205-2000. 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 http://www.usitc.gov. The 
public record for

[[Page 29535]]

this investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2571.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2008).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 14, 2008, 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 
semiconductor integrated circuits using tungsten metallization or 
products containing same that infringe claim 1 of U.S. Patent No. 
5,227,335, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) 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 complainants are--

LSI Corporation,1621 Barber Lane, Milpitas, California 95035
Agere Systems, Inc., 1110 American Parkway, NE, Allentown, Pennsylvania 
18109

    (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: United Microelectronics Corporation, No 3 Li-Hsin 2nd 
Road, Hsinchu Science Park, Hsinchu-Chu City, Taiwan.

Integrated Device Technology, Inc., 6024 Silver Creek Valley Road, San 
Jose, California 95138
AMIC Technology Corporation, No. 2 Li-Hsin 6th Road, Science-Based 
Industrial Park, Hsinchu, Taiwan
Cypress Semiconductor Corporation. 198 Champion Court, San Jose, 
California 95134
Elpida Memory, Inc., Sumitomo Seimei Yaesu Building, 3rd Floor 2-1 
Yaesu 2-chome Chuo-ku, Tokyo 104-0028, Japan
Freescale Semiconductor, Inc., 6501 William Cannon Drive West, Austin, 
Texas 78735.
Grace Semiconductor Manufacturing Corporation, 1399 Zu Chong Zhi Road, 
Zhangjiang Hi-Tech Park, Shanghai 201203, China
Microchip Technology, Inc., 2355 West Chandler Boulevard, Chandler, 
Arizona 85224
Micronas Semiconductor Holding, AG, Technopark Technoparkstrasse 1, 
Zurich, 8005, Switzerland
National Semiconductor Corporation, 2900 Semiconductor Drive, Santa 
Clara, California 95052-8090
Nanya Technology Corporation, HWA Ya Technology Park, 669 Fu Hsing 3rd 
Road, Kueishan, Taoyuan County, Taiwan
NXP B.V., High Tech Campus 60, Eindhoven, 5656, Netherlands
ON Semiconductor Corporation, 5005 East McDowell Road, Phoenix, Arizona 
85008
Powerchip Semiconductor Corporation, No 12 Li-Hsin Road, 1 Hsinchu 
Science-Based Industrial Park, Hsinchu, Taiwan
ProMOS Technologies, Inc.,19 Li-Hsin Road Hsinchu Science-Based, 
Industrial Park, Hsinchu, Taiwan
Spansion, Inc., 915 DeGuigne Drive, P.O. Box 3453, Sunnyvale, 
California 94088-3453
STMicroelectronics NV, 39 Chemin du Champ des Filles Plan-Les-Quates C 
P 21, Geneva, 1228, Switzerland
Vanguard International Semiconductor Corporation, Headquarter, Fab 1, 
123 Park Avenue-3rd, Hsinchu Science Park, Hsinchu, Taiwan 30077

    (c) The Commission investigative attorney, party to this 
investigation, is Thomas S. Fusco, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Carl C. 
Charneski is designated as the presiding administrative law judge.
    The Commission notes that the patent at issue was the subject of 
earlier litigation which raises the issue of whether the complainants 
are precluded from asserting that patent. In instituting this 
investigation, the Commission has not made any determination as to 
whether the complainants are so precluded. Accordingly, the presiding 
administrative law judge may wish to consider this issue at an early 
date. Any such decision should be issued in the form of an initial 
determination (ID). The ID will become the Commission's final 
determination 45 days after the date of service of the ID unless the 
Commission determines to review the ID. Any petitions for review of the 
ID must be filed within ten (10) days after service thereof. Any review 
will be conducted in accordance with Commission Rules 210.43, 210.44 
and 210.45, 19 CFR 210.43, 210.44, and 210.45.
    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(d) 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: May 15, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-11308 Filed 5-20-08; 8:45 am]
BILLING CODE 7020-02-P