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)

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, 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