Institution of Investigation; Certain Semiconductor Devices, Mobile Devices Containing the Same, and Components Thereof, 63524-63525 [2022-22711]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Pages 63524-63525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22711]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1336]


Institution of Investigation; Certain Semiconductor Devices, 
Mobile Devices Containing the Same, and Components Thereof

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 13, 2022, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of 
Daedalus Prime LLC of Bronxville, New York. 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, mobile devices 
containing the same, and components thereof by reason of the 
infringement of certain claims of U.S. Patent No. 9,831,306 (``the '306 
patent''); U.S. Patent No. 10,319,812 (``the '812 patent''); U.S. 
Patent No. 10,700,178 (``the '178 patent''); and U.S. Patent No. 
11,251,281 (``the '281 patent''). The complaint further alleges that an 
industry in the United States exists or is in the process of being 
established as required by the applicable Federal Statute. A supplement 
to the complaint was filed on October 12, 2022. The complainant 
requests that the Commission institute an investigation and, after the 
investigation, issue a limited exclusion order and cease and desist 
orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. Hearing impaired

[[Page 63525]]

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.

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

SUPPLEMENTARY INFORMATION: 
    Authority: 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 (2021).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 13, 2022, 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 26-35 of the '306 patent; claims 21-30 of the '812 patent; 
claims 1-5 and 11-20 of the '178 patent; and claims 1, 5-7, and 12-20 
of the '281 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) semiconductor 
devices, consisting of integrated circuits or wafers, incorporating 
foreign fabricated wafers, fabricated using: (i) Samsung's 14 nm and 
smaller process nodes; or (ii) TSMC's 16nm and smaller process nodes; 
(b) mobile devices consisting of smartphones, tablets, and smartwatches 
containing the same; and (c) components of such semiconductor devices 
and mobile devices'';
    (3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties or 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. 137(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: Daedalus Prime LLC, 51 Pondfield Road, 
Suite 3, Bronxville, NY 10708.
    (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:

Samsung Electronics Co., Ltd., 129 Samsung-Ro, Maetan-3dong, Yeongtong-
Gu, Suwon-si, Gyeonggi-do, 16677, Republic of Korea.
Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park, 
NJ 07660.
Taiwan Semiconductor Manufacturing, Company Limited, No. 8, Li Hsin 
Road VI, Hsinchu Science Park, Hsinchu City 300-78, Taiwan.
TSMC North America, 2851 Junction Avenue, San Jose, CA 95134.

    (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), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant 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: October 14, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-22711 Filed 10-18-22; 8:45 am]
BILLING CODE 7020-02-P