[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Notices]
[Pages 52535-52536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21386]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1177]


Certain Semiconductor Devices, Products Containing the Same, and 
Components Thereof (II); 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 August 26, 2019, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Globalfoundries 
U.S. Inc. of Santa Clara, California. Supplements were filed on 
September 12, 2019 and September 16, 2019. 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 devices, products containing 
the same, and components thereof by reason of infringement of certain 
claims of U.S. Patent No. 8,823,178 (``the '178 patent''); U.S. Patent 
No. 9,105,643 (``the '643 patent''); U.S. Patent No. 7,378,357 (``the 
'357 patent''); and U.S. Patent No. 9,082,877 (``the '877 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

[[Page 52536]]

investigation, issue a limited 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 https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 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 (2019).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 25, 2019, 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 of the '178 patent; claims 1-12 of the '643 patent; claims 
1-17 of the '357 patent; and claims 1-14 of the '877 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 ``(a) TSMC 
semiconductor devices manufactured at the 16 nanometer (nm) and smaller 
technology nodes; (b) products containing such TSMC-manufactured 16 nm 
and smaller semiconductor devices, consisting of smartphones, tablets, 
computers, wearable devices, set top boxes, and switches (consisting of 
standalone switches and switches that are incorporated into routers); 
and (c) components thereof, consisting of integrated circuits and 
graphics cards containing such semiconductor devices;''
    (3) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (4) 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., 2600 Great 
America Way, Santa Clara, CA 95054.
    (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:

Taiwan Semiconductor Manufacturing Co., Ltd., No. 8, Li-Hsin Road VI, 
Hsinchu Science Park, Hsinchu 300-78, Taiwan
TSMC North America, 2851 Junction Avenue, San Jose, CA 95134
TSMC Technology, Inc., 2851 Junction Avenue, San Jose, CA 95134
Broadcom Inc., 1320 Ridder Park Drive, San Jose, CA 95131
Broadcom Corporation, 1320 Ridder Park Drive, San Jose, CA 95131
NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara, CA 95051
Apple Inc., One Apple Park Way, Cupertino, CA 95014
Arista Networks, Inc., 5453 Great America Parkway, Santa Clara, CA 
95054
ASUSTeK Computer Inc., No. 15, Li-Te Rd., Beitou District, Taipei 112, 
Taiwan
Cisco Systems, Inc., 170 West Tasman Drive, San Jose, CA 95134
Lenovo Group Ltd., Shangdi Information Industry Base, No. 6 Chuang ye 
Road, Haidian District, Beijing 100085, China

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    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: September 26, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-21386 Filed 10-1-19; 8:45 am]
 BILLING CODE 7020-02-P