[Federal Register Volume 87, Number 144 (Thursday, July 28, 2022)]
[Notices]
[Page 45360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16231]



[[Page 45360]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1319]


Certain Electronic Devices and Semiconductor Devices With Timing-
Aware Dummy Fill and Components Thereof; Notice of the Commission's 
Determination Not To Review an Initial Determination Setting a 20-Month 
Target Date and an Initial Determination Granting a Motion To Intervene

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 3) 
setting a 20-month target date and an ID (Order No. 5) granting Cadence 
Design Systems, Inc.'s (``Cadence'') motion to intervene.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436, telephone (202) 205-2737. Copies of 
non-confidential documents filed in connection with this investigation 
may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. 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 June 13, 2022, based on a complaint filed by Bell Semiconductor, LLC 
of Bethlehem, Pennsylvania (``Complainant''). 87 FR 35791-92 (June 13, 
2022). The complaint, as supplemented, alleged violations of section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain 
electronic devices and semiconductor devices with timing-aware dummy 
fill and components thereof by reason of the infringement of certain 
claims of U.S. Patent No. 7,007,259. The complaint, as supplemented, 
further alleged that a domestic industry exists. The notice of 
investigation named as respondents: NXP Semiconductors, N.V. of 
Eindhoven, Netherlands; NXP B.V. of Eindhoven, Netherlands; NXP USA, 
Inc. of Austin, Texas; SMC Networks, Inc. d/b/a/IgniteNet of Irvine, 
California; Micron Technology, Inc. of Boise, Idaho; NVIDIA Corporation 
of Santa Clara, California; Advanced Micro Devices, Inc. of Santa 
Clara, California; Acer, Inc. of New Taipei City, Taiwan; Acer America 
Corporation of San Jose, California; Infineon Technologies America 
Corp. of Milpitas, California; Analog Devices Inc. of Norwood, 
Massachusetts; Bose Corporation of Framingham, Massachusetts; Marvell 
Technology Group, Ltd. of Hamilton, Bermuda; Marvell Semiconductor, 
Inc. of Santa Clara, California; Suteng Innovation Technology Co., Ltd. 
d/b/a RoboSense of Shenzen, China; Kioxia Corporation of Tokyo, Japan; 
Kioxia America, Inc. of San Jose, California; Socionext Inc. of 
Yokohama, Japan; Socionext America, Inc. of Santa Clara, California; 
Qualcomm Technologies, Inc. of San Diego, California; Lenovo Group Ltd. 
of Haidan District, China and Motorola Mobility LLC of Chicago, 
Illinois. The Office of Unfair Import Investigations (``OUII'') is also 
participating in the investigation.
    On June 15, 2022, Cadence moved to intervene in the instant 
investigation with full participation rights and obligations. Motion at 
1-2 (June. 15, 2022). Cadence asserts, however, that while it requests 
full participation rights as an intervening party, it does not seek to 
be accorded respondent status. Cadence explains that Complainant's 
infringement allegations rely, at least in part, on the functionality 
of Cadence's software tool technology which is alleged to be used to 
design one or more of the respondents' devices. Id. at 4-6. Cadence 
further argues that Complainant also relies on Cadence's products to 
allege the existence of a domestic industry. Id. at 6-7. Cadence 
explains that the Commission follows Rule 24 of the Rules of Civil 
Procedure which ``provides that a party may intervene when it files a 
timely motion, has an interest relating to the property or transaction 
which is the subject of the action, is so situated that the disposition 
of the action may as a practical matter impair or impede its ability to 
protect that interest, and is not adequately represented by existing 
parties.'' Id. at 7 (citing Rule 24). Cadence contends (1) that it has 
substantial interest in this investigation because Complainant seeks to 
exclude at least some products because they are made, produced, or 
processed by design tools from Cadence, (2) Cadence is the only party 
with knowledge of its technology and has the greatest interest in 
defending it, and (3) its motion is timely. Id. at 8-11.
    On June 23, 2022, the presiding ALJ issued an ID (Order No. 5) 
granting Cadence's motion to intervene. The ID found that Cadence meets 
the requirements of Commission Rule 210.19 (19 CFR 210.19) and 
established that it has interests in this investigation, and thus the 
ALJ determined that Cadence should be granted intervenor status. No one 
petitioned for review of Order No. 5.
    Also, on June 23, 2022, the presiding ALJ issued Order No. 3 
setting a 20-month target date of February 20, 2024. The ID explained 
that the target date is necessary due to the ALJ's obligations in other 
investigations.
    On June 30, 2022, Complainant petitioned for review of Order No. 3. 
On July 8, 2022, OUII, Respondents Analog Devices, Inc., Infineon 
Technologies Americas Corp., Bose Corporation, Motorola Mobility LLC, 
Qualcomm Technologies, Inc., Acer, Inc., Acer America Corporation, 
Advanced Micro Devices, Inc., and Micron Technology, Inc., and 
Respondents Kioxia Corporation, Kioxia America, Inc., Marvell 
Semiconductor, Inc., Marvell Technology Group Ltd., NVIDIA Corporation, 
NXP Semiconductors, N.V., NXP B.V, NXP USA, Inc., Suteng Innovation 
Technology Co. Ltd. d/b/a RoboSense, Socionext Inc., Socionext America, 
Inc., and SMC Networks, Inc. d/b/a/IgniteNet filed separate responses 
to Complainant's petition for review.
    The Commission has determined not to review the subject IDs. With 
respect to Order No. 3, the Commission notes that the ALJs have wide 
discretion in managing their own caseloads. The target date for this 
investigation was set, for good cause, at 20-months based on the ALJ's 
obligations in other matters.
    The Commission vote for this determination took place on July 25, 
2022.
    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).

    By order of the Commission.

    Issued: July 25, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-16231 Filed 7-27-22; 8:45 am]
BILLING CODE 7020-02-P