83 FR 53498 - Certain Semiconductor Lithography Systems and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 205 (October 23, 2018)

Page Range		53498-53499
FR Document		2018-23040

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 12, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of ASML Netherlands B.V. of the Netherlands; ASML US, L.P. of Chandler, Arizona; and ASML US, LLC of Chandler, Arizona. 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 lithography systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,295,283 (``the '283 patent''); U.S. Patent No. 7,403,264 (``the '264 patent''); and U.S. Patent No. 9,188,880 (``the '880 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants 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 205 (Tuesday, October 23, 2018)

[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Notices]
[Pages 53498-53499]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23040]


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 INTERNATIONAL TRADE COMMISSION


Certain Semiconductor Lithography Systems and Components Thereof; 
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 September 12, 2018, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of ASML 
Netherlands B.V. of the Netherlands; ASML US, L.P. of Chandler, 
Arizona; and ASML US, LLC of Chandler, Arizona. 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 lithography systems and 
components thereof by reason of infringement of certain claims of U.S. 
Patent No. 7,295,283 (``the '283 patent''); U.S. Patent No. 7,403,264 
(``the '264 patent''); and U.S. Patent No. 9,188,880 (``the '880 
patent''). The complaint further alleges that an industry in the United 
States exists as required by the applicable Federal Statute.
    The complainants 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, 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 Division, 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 complaint, the U.S. 
International Trade Commission, on October 9, 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 certain products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 1, 2, 5-9, 15, 16, 18-22, 25, and 27 of the '283 patent; claims 
1-3, 5, and 6 of the '264 patent; and claims 1, 3, 4, 7-12, 22, 23, and 
25-27 of the '880 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 a projection system 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: ASML Netherlands B.V., De Run 6501, 5504 
DR, Veldhoven, The Netherlands, ASML US, L.P., 2650 W Geronimo Place, 
Chandler, AZ 85224, ASML US, LLC, 2650 W Geronimo Place, Chandler, AZ 
85224.
    (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: Nikon Corporation, Shinagawa Intercity Tower C, 2-15-
3, Konan, Minato-ku, Tokyo 108-6290, Japan, Nikon Precision Inc., 1399 
Shoreway Road, Belmont, CA 94002-4107, Nikon Research Corporation of 
America, 1399 Shoreway Road, Belmont, CA 94002-4107.
    (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-1137 with Inv. No. 337-TA-1128 and/or Inv. No. 337-TA-
1129 if he deems it appropriate.
    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

[[Page 53499]]

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 9, 2018.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2018-23040 Filed 10-22-18; 8:45 am]
 BILLING CODE 7020-02-P

53498 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Notices

session for the Recreation RAC is also ADDRESSES: The complaint, except for ‘reticle’ onto a photoresist on a silicon
planned. Agenda items for the March any confidential information contained wafer, components of the lithography
2019 meeting will be announced prior therein, is available for inspection machines, and systems related to the
to the meeting. The public is during official business hours (8:45 a.m. operation of the lithography machines’’;
encouraged to make oral comments to to 5:15 p.m.) in the Office of the (3) For the purpose of the
the RAC at either or both meetings at Secretary, U.S. International Trade investigation so instituted, the following
11:30 a.m., or written statements may be Commission, 500 E Street SW, Room are hereby named as parties upon which
submitted at the meeting for the RAC’s 112, Washington, DC 20436, telephone this notice of investigation shall be
consideration (see contact information (202) 205–2000. Hearing impaired served:
above). Before including your address, individuals are advised that information (a) The complainants are: ASML
phone number, email address, or other on this matter can be obtained by Netherlands B.V., De Run 6501, 5504
personally identifiable information in contacting the Commission’s TDD DR, Veldhoven, The Netherlands, ASML
your comment, you should be aware terminal on (202) 205–1810. Persons US, L.P., 2650 W Geronimo Place,
that your entire comment—including with mobility impairments who will Chandler, AZ 85224, ASML US, LLC,
your personally identifiable need special assistance in gaining access 2650 W Geronimo Place, Chandler, AZ
information—may be made publicly to the Commission should contact the 85224.
available at any time. While you can ask Office of the Secretary at (202) 205– (b) The respondents are the following
the BLM in your comment to withhold 2000. General information concerning entities alleged to be in violation of
your personally identifiable information the Commission may also be obtained section 337, and are the parties upon
from public review, we cannot by accessing its internet server at which the complaint is to be served:
guarantee that we will be able to do so. https://www.usitc.gov. The public Nikon Corporation, Shinagawa Intercity
record for this investigation may be Tower C, 2–15–3, Konan, Minato-ku,
Gregory P. Shoop, Tokyo 108–6290, Japan, Nikon Precision
viewed on the Commission’s electronic
Acting BLM Colorado State Director. docket (EDIS) at https://edis.usitc.gov. Inc., 1399 Shoreway Road, Belmont, CA
[FR Doc. 2018–23102 Filed 10–22–18; 8:45 am] 94002–4107, Nikon Research
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 4310–JB–P Corporation of America, 1399 Shoreway
Katherine Hiner, The Office of the Road, Belmont, CA 94002–4107.
Secretary, Docket Services Division, (4) For the investigation so instituted,
U.S. International Trade Commission, the Chief Administrative Law Judge,
telephone (202) 205–1802. U.S. International Trade Commission,
INTERNATIONAL TRADE
COMMISSION SUPPLEMENTARY INFORMATION: shall designate the presiding
Authority: The authority for Administrative Law Judge.
Certain Semiconductor Lithography institution of this investigation is The Office of Unfair Import
Systems and Components Thereof; contained in section 337 of the Tariff Investigations will not participate as a
Institution of Investigation Act of 1930, as amended, 19 U.S.C. party in this investigation.
1337, and in section 210.10 of the The Chief Administrative Law Judge
AGENCY: U.S. International Trade Commission’s Rules of Practice and is authorized to consolidate Inv. No.
Commission. Procedure, 19 CFR 210.10 (2018). 337–TA–1137 with Inv. No. 337–TA–
ACTION: Notice. Scope of Investigation: Having 1128 and/or Inv. No. 337–TA–1129 if he
considered the complaint, the U.S. deems it appropriate.
SUMMARY: Notice is hereby given that a International Trade Commission, on Responses to the complaint and the
complaint was filed with the U.S. October 9, 2018, ordered that— notice of investigation must be
International Trade Commission on (1) Pursuant to subsection (b) of submitted by the named respondents in
September 12, 2018, under section 337 section 337 of the Tariff Act of 1930, as accordance with section 210.13 of the
of the Tariff Act of 1930, as amended, amended, an investigation be instituted Commission’s Rules of Practice and
on behalf of ASML Netherlands B.V. of to determine whether there is a Procedure, 19 CFR 210.13. Pursuant to
the Netherlands; ASML US, L.P. of violation of subsection (a)(1)(B) of 19 CFR 201.16(e) and 210.13(a), such
Chandler, Arizona; and ASML US, LLC section 337 in the importation into the responses will be considered by the
of Chandler, Arizona. The complaint United States, the sale for importation, Commission if received not later than 20
alleges violations of section 337 based or the sale within the United States after days after the date of service by the
upon the importation into the United importation of certain products Commission of the complaint and the
States, the sale for importation, and the identified in paragraph (2) by reason of notice of investigation. Extensions of
sale within the United States after infringement of one or more of claims 1, time for submitting responses to the
importation of certain semiconductor 2, 5–9, 15, 16, 18–22, 25, and 27 of the complaint and the notice of
lithography systems and components ’283 patent; claims 1–3, 5, and 6 of the investigation will not be granted unless
thereof by reason of infringement of ’264 patent; and claims 1, 3, 4, 7–12, 22, good cause therefor is shown.
certain claims of U.S. Patent No. 23, and 25–27 of the ’880 patent; and Failure of a respondent to file a timely
7,295,283 (‘‘the ’283 patent’’); U.S. whether an industry in the United response to each allegation in the
Patent No. 7,403,264 (‘‘the ’264 patent’’); States exists as required by subsection complaint and in this notice may be
and U.S. Patent No. 9,188,880 (‘‘the ’880 (a)(2) of section 337; deemed to constitute a waiver of the
patent’’). The complaint further alleges (2) Pursuant to section 210.10(b)(1) of right to appear and contest the
that an industry in the United States the Commission’s Rules of Practice and allegations of the complaint and this
khammond on DSK30JT082PROD with NOTICES

exists as required by the applicable Procedure, 19 CFR 210.10(b)(1), the notice, and to authorize the
Federal Statute. plain language description of the administrative law judge and the
The complainants requests that the accused products or category of accused Commission, without further notice to
Commission institute an investigation products, which defines the scope of the the respondent, to find the facts to be as
and, after the investigation, issue a investigation, is ‘‘lithography machines alleged in the complaint and this notice
limited exclusion order and cease and that use a projection system to project and to enter an initial determination
desist orders. circuit patterns drawn on a ‘mask’ or and a final determination containing

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Document Created: 2018-10-23 04:14:58
Document Modified: 2018-10-23 04:14:58

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 Division, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation		83 FR 53498