ITC Takes up Tungsten Patent Dispute

LSI and Agere are merged business partners who jointly own a patent on tungsten-metallised semiconductor circuits. They allege that the named respondents have participated in the importation of copied tungsten-metallised semiconductors into the US, which violates section 337 of the 1930 Tariff Act.

Among those named are Taiwanese firms ProMOS Technologies and Powerchip Semiconductor Corporation, plus Japan's Elpida Memory, Inc. The patent in question – US 5,227,335 – relates to a method of treating semiconductors common to miniature electronic devices, in order to improve their efficiency. In their complaint, LSI and Agere have requested the ITC to serve cease-and-desist notices to the 18 firms, prohibiting the 'importation, sale, offer for sale, advertising, or the soliciting of sale' of the relevant circuits.

LSI and Agere's case highlights the growing importance of the ITC to the US patent landscape. An independent, quasi-judicial body set up to target trade injury to the US, the commission has established itself as a powerful, alternative means of tackling infringement.

While it is incumbent on Federal District Courts to satisfy higher statutory requirements – based on their personal jurisdictions over alleged infringers – the ITC has national, in rem jurisdiction over all products imported to the US. This jurisdiction over objects means that the ITC's statutory requirements are satisfied by the very presence of infringing products on US soil. If the ITC determines the presence of such products, it is authorised to block them.

Neither LSI, Agere nor their respondents have commented on the case so far.

Tungsten Manufacturer & Supplier: Chinatungsten Online - http://www.chinatungsten.com
Tel.: 86 592 5129696; Fax: 86 592 5129797
Email: sales@chinatungsten.com
Tungsten News & Tungsten Prices, 3G Version: http://3g.chinatungsten.com
Tungsten News & Tungsten Prices, WML Version: http://m.chinatungsten.com

• < Prev
• Next >