83 FR 42317 - Certain Lithography Machines and Systems and Components Thereof (I); Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 162 (August 21, 2018)

Page Range		42317-42318
FR Document		2018-17950

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 20, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Carl Zeiss SMT GmbH of Germany. Supplements to the complaint were filed on July 20 and 26, 2018. An amended complaint was filed on August 9, 2018. The amended 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 lithography machines and systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,902,407 (``the '407 patent'') and U.S. Patent No. 9,280,058 (``the '058 patent''). The amended 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 investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 83 Issue 162 (Tuesday, August 21, 2018)

[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Notices]
[Pages 42317-42318]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17950]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1128]


Certain Lithography Machines and Systems and Components Thereof 
(I); 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 July 20, 2018, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Carl Zeiss SMT GmbH 
of Germany. Supplements to the complaint were filed on July 20 and 26, 
2018. An amended complaint was filed on August 9, 2018. The amended 
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 lithography machines and 
systems and components thereof by reason of infringement of certain 
claims of U.S. Patent No. 8,902,407 (``the '407 patent'') and U.S. 
Patent No. 9,280,058 (``the '058 patent''). The amended 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 investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The amended complaint, except for any confidential 
information

[[Page 42318]]

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: Katherine Hiner, The Office of the 
Secretary, Docket Services, U.S. International Trade Commission, 
telephone (202) 205-1802.

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 (2018).
    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on August 15, 2018, 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 products identified 
in paragraph (2) by reason of infringement of one or more of claims 1-
10, 12, 16, 17, 19-28, and 30-42 of the '407 patent and claims 1-9, 11, 
13, 14, 17-22 and 24-29 of the '058 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 ``lithography machines 
that use projection objectives to project circuit patterns drawn on a 
`mask' or `reticle' onto a photoresist on a silicon wafer, components 
of the lithography machines, and systems related to the operation of 
the lithography machines'';
    (3) 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: Carl Zeiss SMT GmbH, Carl-Zeiss-
Stra[beta]e 22, Oberkochen, Germany 73447.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

Nikon Corporation, Shingawa Intercity Tower C, 2-15-3 Konan, Minato-ku, 
Tokyo 108-6290, Japan.
Nikon Research Corporation of America, 1399 Shoreway Road, Belmont, CA 
94002-4107.
Nikon Precision Inc., 1399 Shoreway Road, Belmont, CA 94002.

    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    The Chief Administrative Law Judge is authorized to consolidate 
Inv. No. 337-TA-1128 with Inv. No. 337-TA-1129 if he deems it 
appropriate.
    Responses to the amended 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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: August 15, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-17950 Filed 8-20-18; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices 42317

certain lithography machines and 19, 22–27, and 30–31 of the ’115 patent; Failure of a respondent to file a timely
systems and components thereof by claims 1, 3, 5–13, 16–19, 22–27, and 30– response to each allegation in the
reason of infringement of certain claims 31 of the ’613 patent; and claims 1–20 complaint and in this notice may be
of U.S. Patent No. 7,929,115 (‘‘the ’115 and 22–30 of the ’609 patent; and deemed to constitute a waiver of the
patent’’); U.S. Patent No. 8,441,613 (‘‘the whether an industry in the United right to appear and contest the
’613 patent’’); and U.S. Patent No. States exists as required by subsection allegations of the complaint and this
9,052,609 (‘‘the ’609 patent’’). The (a)(2) of section 337; notice, and to authorize the
complaint further alleges that an (2) Pursuant to section 210.10(b)(1) of administrative law judge and the
industry in the United States exists as the Commission’s Rules of Practice and Commission, without further notice to
required by the applicable Federal Procedure, 19 CFR 210.10(b)(1), the the respondent, to find the facts to be as
Statute. plain language description of the alleged in the complaint and this notice
The complainant requests that the accused products or category of accused and to enter an initial determination
Commission institute an investigation products, which defines the scope of the and a final determination containing
and, after the investigation, issue a investigation, is ‘‘lithography machines such findings, and may result in the
limited exclusion order and cease and that use projection objectives to project issuance of an exclusion order or a cease
desist orders. circuit patterns drawn on a ‘mask’ or and desist order or both directed against
ADDRESSES: The complaint, except for ‘reticle’ onto a photoresist on a silicon the respondent.
any confidential information contained wafer, components of the lithography By order of the Commission.
therein, is available for inspection machines, and systems related to the
Issued: August 15, 2018.
during official business hours (8:45 a.m. operation of the lithography machines’’;
Lisa Barton,
to 5:15 p.m.) in the Office of the (3) For the purpose of the
investigation so instituted, the following Secretary to the Commission.
Secretary, U.S. International Trade
Commission, 500 E Street SW, Room are hereby named as parties upon which [FR Doc. 2018–17951 Filed 8–20–18; 8:45 am]
112, Washington, DC 20436, telephone this notice of investigation shall be BILLING CODE 7020–02–P

(202) 205–2000. Hearing impaired served:
individuals are advised that information (a) The complainants are: Carl Zeiss
on this matter can be obtained by SMT GmbH, Carl-Zeiss-Stra+e 22, INTERNATIONAL TRADE
contacting the Commission’s TDD Oberkochen, Germany 73447. COMMISSION
terminal on (202) 205–1810. Persons (b) The respondents are the following [Investigation No. 337–TA–1128]
with mobility impairments who will entities alleged to be in violation of
need special assistance in gaining access section 337, and are the parties upon Certain Lithography Machines and
to the Commission should contact the which the complaint is to be served: Systems and Components Thereof (I);
Office of the Secretary at (202) 205– Nikon Corporation, Shingawa Intercity Institution of Investigation
2000. General information concerning Tower C, 2–15–3, Konan, Minato-ku, AGENCY: U.S. International Trade
the Commission may also be obtained Tokyo 108–6290, Japan. Commission.
by accessing its internet server at Nikon Research Corporation of America, ACTION: Notice.
https://www.usitc.gov. The public 1399 Shoreway Road, Belmont, CA
record for this investigation may be 94002–4107. SUMMARY: Notice is hereby given that a
viewed on the Commission’s electronic Nikon Precision Inc., 1399 Shoreway complaint was filed with the U.S.
docket (EDIS) at https://edis.usitc.gov. Road, Belmont, CA 94002. International Trade Commission on July
FOR FURTHER INFORMATION CONTACT: (4) For the investigation so instituted, 20, 2018, under section 337 of the Tariff
Katherine Hiner, The Office of the the Chief Administrative Law Judge, Act of 1930, as amended, on behalf of
Secretary, Docket Services, U.S. U.S. International Trade Commission, Carl Zeiss SMT GmbH of Germany.
International Trade Commission, shall designate the presiding Supplements to the complaint were
telephone (202) 205–1802. Administrative Law Judge. filed on July 20 and 26, 2018. An
SUPPLEMENTARY INFORMATION: The Office of Unfair Import amended complaint was filed on August
Authority: The authority for Investigations will not participate as a 9, 2018. The amended complaint alleges
institution of this investigation is party in this investigation. violations of section 337 based upon the
contained in section 337 of the Tariff The Chief Administrative Law Judge importation into the United States, the
Act of 1930, as amended, 19 U.S.C. is authorized to consolidate Inv. No. sale for importation, and the sale within
1337, and in section 210.10 of the 337–TA–1128 with Inv. No. 337–TA– the United States after importation of
Commission’s Rules of Practice and 1129 if he deems it appropriate. certain lithography machines and
Procedure, 19 CFR 210.10 (2018). Responses to the complaint and the systems and components thereof by
Scope of Investigation: Having notice of investigation must be reason of infringement of certain claims
considered the complaint, the U.S. submitted by the named respondents in of U.S. Patent No. 8,902,407 (‘‘the ’407
International Trade Commission, on accordance with section 210.13 of the patent’’) and U.S. Patent No. 9,280,058
August 15, 2018, ordered that— Commission’s Rules of Practice and (‘‘the ’058 patent’’). The amended
(1) Pursuant to subsection (b) of Procedure, 19 CFR 210.13. Pursuant to complaint further alleges that an
section 337 of the Tariff Act of 1930, as 19 CFR 201.16(e) and 210.13(a), such industry in the United States exists as
amended, an investigation be instituted responses will be considered by the required by the applicable Federal
to determine whether there is a Commission if received not later than 20 Statute.
sradovich on DSK3GMQ082PROD with NOTICES

violation of subsection (a)(1)(B) of days after the date of service by the The complainant requests that the
section 337 in the importation into the Commission of the complaint and the Commission institute an investigation
United States, the sale for importation, notice of investigation. Extensions of and, after the investigation, issue a
or the sale within the United States after time for submitting responses to the limited exclusion order and cease and
importation of products identified in complaint and the notice of desist orders.
paragraph (2) by reason of infringement investigation will not be granted unless ADDRESSES: The amended complaint,
of one or more of claims 1, 3, 5–13, 16– good cause therefor is shown. except for any confidential information

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42318 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Notices

contained therein, is available for machines, and systems related to the By order of the Commission.
inspection during official business operation of the lithography machines’’; Issued: August 15, 2018.
hours (8:45 a.m. to 5:15 p.m.) in the (3) For the purpose of the Lisa Barton,
Office of the Secretary, U.S. investigation so instituted, the following Secretary to the Commission.
International Trade Commission, 500 E are hereby named as parties upon which [FR Doc. 2018–17950 Filed 8–20–18; 8:45 am]
Street SW, Room 112, Washington, DC this notice of investigation shall be
BILLING CODE 7020–02–P
20436, telephone (202) 205–2000. served:
Hearing impaired individuals are (a) The complainants are: Carl Zeiss
advised that information on this matter SMT GmbH, Carl-Zeiss-Strabe 22,
Oberkochen, Germany 73447. EXECUTIVE OFFICE OF THE
can be obtained by contacting the PRESIDENT
Commission’s TDD terminal on (202) (b) The respondents are the following
205–1810. Persons with mobility entities alleged to be in violation of
section 337, and are the parties upon OFFICE OF NATIONAL DRUG
impairments who will need special CONTROL POLICY
assistance in gaining access to the which the amended complaint is to be
Commission should contact the Office served: Appointment of Members of Senior
of the Secretary at (202) 205–2000. Nikon Corporation, Shingawa Intercity Executive Service Performance Review
General information concerning the Tower C, 2–15–3 Konan, Minato-ku, Board
Commission may also be obtained by Tokyo 108–6290, Japan.
Nikon Research Corporation of America, AGENCY: Office of National Drug Control
accessing its internet server at https://
1399 Shoreway Road, Belmont, CA Policy (ONDCP), Executive Office of the
www.usitc.gov. The public record for
94002–4107. President.
this investigation may be viewed on the
Commission’s electronic docket (EDIS) Nikon Precision Inc., 1399 Shoreway ACTION: Notice of Appointments.
at https://edis.usitc.gov. Road, Belmont, CA 94002.
(4) For the investigation so instituted, SUMMARY: The following persons have
FOR FURTHER INFORMATION CONTACT: been appointed to the ONDCP Senior
the Chief Administrative Law Judge,
Katherine Hiner, The Office of the Executive Service Performance Review
U.S. International Trade Commission,
Secretary, Docket Services, U.S. Board: Martha Gagne (as Chair), Michael
shall designate the presiding
International Trade Commission, Gottlieb, James Olson, and Kemp
Administrative Law Judge.
telephone (202) 205–1802. The Office of Unfair Import Chester.
SUPPLEMENTARY INFORMATION: Investigations will not participate as a FOR FURTHER INFORMATION CONTACT:
Authority: The authority for party in this investigation. Michael Passante, Deputy General
institution of this investigation is The Chief Administrative Law Judge Counsel, (202) 395–6709, Office of
contained in section 337 of the Tariff is authorized to consolidate Inv. No. National Drug Control Policy, Executive
Act of 1930, as amended, 19 U.S.C. 337–TA–1128 with Inv. No. 337–TA– Office of the President, 750 17th Street
1337, and in section 210.10 of the 1129 if he deems it appropriate. NW, Washington, DC 20503.
Commission’s Rules of Practice and Responses to the amended complaint
Procedure, 19 CFR 210.10 (2018). Dated: August 16, 2018.
and the notice of investigation must be
Scope of Investigation: Having submitted by the named respondents in Michael Passante,
considered the amended complaint, the accordance with section 210.13 of the Deputy General Counsel.
U.S. International Trade Commission, Commission’s Rules of Practice and [FR Doc. 2018–18022 Filed 8–20–18; 8:45 am]
on August 15, 2018, ordered that— Procedure, 19 CFR 210.13. Pursuant to BILLING CODE 3280–F5–P
(1) Pursuant to subsection (b) of 19 CFR 201.16(e) and 210.13(a), such
section 337 of the Tariff Act of 1930, as responses will be considered by the
amended, an investigation be instituted Commission if received not later than 20 NATIONAL SCIENCE FOUNDATION
to determine whether there is a days after the date of service by the
violation of subsection (a)(1)(B) of Commission of the amended complaint Sunshine Act Meetings
section 337 in the importation into the and the notice of investigation. The National Science Board, pursuant
United States, the sale for importation, Extensions of time for submitting to NSF regulations (45 CFR part 614),
or the sale within the United States after responses to the amended complaint the National Science Foundation Act, as
importation of products identified in and the notice of investigation will not amended (42 U.S.C. 1862n–5), and the
paragraph (2) by reason of infringement be granted unless good cause therefor is Government in the Sunshine Act (5
of one or more of claims 1–10, 12, 16, shown. U.S.C. 552b), hereby gives notice of the
17, 19–28, and 30–42 of the ’407 patent Failure of a respondent to file a timely
scheduling of a teleconference for the
and claims 1–9, 11, 13, 14, 17–22 and response to each allegation in the
transaction of National Science Board
24–29 of the ’058 patent; and whether amended complaint and in this notice
business, as follows:
an industry in the United States exists may be deemed to constitute a waiver of
the right to appear and contest the TIME AND DATE: Closed teleconference of
as required by subsection (a)(2) of
section 337; allegations of the amended complaint the Committee on Oversight of the
(2) Pursuant to section 210.10(b)(1) of and this notice, and to authorize the National Science Board, to be held
the Commission’s Rules of Practice and administrative law judge and the Monday, August 27, 2018 from 4:00
Procedure, 19 CFR 210.10(b)(1), the Commission, without further notice to p.m. to 4:30 p.m. EDT.
plain language description of the the respondent, to find the facts to be as PLACE: This meeting will be held by
sradovich on DSK3GMQ082PROD with NOTICES

accused products or category of accused alleged in the amended complaint and teleconference at the National Science
products, which defines the scope of the this notice and to enter an initial Foundation, 2415 Eisenhower Avenue,
investigation, is ‘‘lithography machines determination and a final determination Alexandria, VA 22314.
that use projection objectives to project containing such findings, and may STATUS: Closed.
circuit patterns drawn on a ‘mask’ or result in the issuance of an exclusion MATTERS TO BE CONSIDERED: Chair’s
‘reticle’ onto a photoresist on a silicon order or a cease and desist order or both opening remarks; discussion of FY 2020
wafer, components of the lithography directed against the respondent. OIG budget request.

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Document Created: 2018-08-21 00:06:24
Document Modified: 2018-08-21 00:06:24

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Katherine Hiner, The Office of the Secretary, Docket Services, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation		83 FR 42317