Certain Semiconductor Devices, Products Containing Same, and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination To Amend the Complaint and Notice of Investigation
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 8) of the presiding administrative la...
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 8) of the presiding administrative law judge (“ALJ”) granting complainant GlobalFoundries U.S. Inc.'s motion to amend the complaint and notice of investigation (“NOI”) to assert dependent claims 8-12 and 19 of U.S. Patent No. 8,507,983 (“the '983 patent”).
FOR FURTHER INFORMATION CONTACT:
B. Rashmi Borah, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2518. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission's electronic docket (EDIS) at
edis.usitc.gov.
For help accessing EDIS, please email
EDIS3Help@usitc.gov.
General information concerning the Commission may also be obtained by accessing its internet server at
www.usitc.gov.
Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION:
The Commission instituted this investigation
( printed page 65776)
on April 30, 2026, based on a complaint filed by GlobalFoundries U.S. Inc. of Malta, New York (“Complainant”). 91 FR 23305-06 (Apr. 30, 2026). The complaint, as supplemented, alleges 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 semiconductor devices, products containing same, and components thereof by reason of the infringement of certain claims of the '983 patent and U.S. Patent Nos. 8,330,235; 9,093,425; 9,865,546; 10,062,748; and 10,707,167.
Id.
at 23305. The complaint further alleges that a domestic industry exists.
Id.
The NOI names eight respondents: (1) Tower Semiconductor Ltd. of Migdal Haemek, Israel; (2) Tower Partners Semiconductor Co., Ltd. of Toyama, Japan; (3) Tower Semiconductor Italy S.R.L. (Italy) of Milano, Italy; (4) Tower US Holdings, Inc. of Newport Beach, California; (5) Tower Semiconductor San Antonio, Inc., of San Antonio, Texas; (6) Tower NPB Holdings, Inc. of San Jose, California; (7) Tower Semiconductor Newport Beach, Inc. of Newport Beach, California; and (8) Newport Fab LLC of Newport Beach, California.
Id.
at 23306. The Office of Unfair Import Investigations is not named as a party to this investigation.
Id.
On August 31, 2026, Complainant moved to amend the complaint and NOI to assert dependent claims 8-12 and 19 of the '983 patent. Respondents did not oppose the motion.
On September 14, 2026, the presiding ALJ issued the subject ID (Order No. 8) granting pursuant to Commission Rule 210.14(b) (19 CFR 210.14(b)) Complainant's motion to amend the complaint and NOI. The ID finds that good cause exists for amending the complaint and NOI to add claims 8-12 and 19 of the '983 patent because Complainant obtained additional information during discovery that was not previously known to Complainant. The ID also finds that adding claims 8-12 and 19 of the '983 patent will not prejudice the public interest or the rights of any parties to the investigation.
No party filed a petition for review of the subject ID.
The Commission has determined not to review the subject ID. Accordingly, the complaint and NOI are amended to assert dependent claims 8-12 and 19 of the '983 patent.
The Commission vote for this determination took place on October 13, 2026.
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).
Use this for formal legal and research references to the published document.
91 FR 65775
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Certain Semiconductor Devices, Products Containing Same, and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination To Amend the Complaint and Notice of Investigation,” thefederalregister.org (October 16, 2026), https://thefederalregister.org/documents/2026-21124/certain-semiconductor-devices-products-containing-same-and-components-thereof-notice-of-commission-determination-not-to-.
edis.usitc.gov
www.usitc.gov
19 U.S.C. 1337
19 CFR 210.14(b)