UNITED S T A T E S INTERNATIONAL T R A D E COMMISSION

Washington, D.C.

In the Matter of

C E R T A I N SEMICONDUCTOR D E V I C E S , Inv. No. 337-TA-1010

SEMICONDUCTOR D E V I C E
P A C K A G E S , AND PRODUCTS
CONTAINING SAME

N O T I C E OF I N I T I A L D E T E R M I N ATION ON V I O L A T I O N OF S E C T I O N 337

(June 30, 2017)

On this date, I have issued an initial determination on violation of section 337 in this

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investigation pursuant to Commission Rule 210.42(a)(l)(i). For the reasons discussed therein, it

is my final initial determination that there is a violation of section 337 of the Tariff Act of 1930,

as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation,

and/or the sale within the United States after importation of certain semiconductor devices and

semiconductor device packages, and products containing same by reason of infringement of U.S.

Patent No. 6,849,946 (the "'946 patent"). There is no violation with respect to U.S. Patent No.

6,133,136 (the "'136 patent") or U.S. PatentNo. 6,856,007 (the "'007 patent").

In the initial deteimination, I have made the following conclusions of law:

1. The Commission has subject matter jurisdiction over this investigation, in personam

jurisdiction over the Respondents, and in rem jurisdiction over the accused Broadcom

semiconductor devices and semiconductor device packages, and products containing same.

2. There has been an importation into the United States, sale for importation, or sale

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A public version shall issue within 30 days, or in the time necessary to identify and redact the
confidential business information therein, pursuant to Commission Rule 210.5(f).
within the United States after importation ofthe accused Broadcom semiconductor devices and

semiconductor device packages, and products containing same.

3. The accused Broadcom semiconductor devices and products containing same infringe

claims 16, 17, 20, and 22 ofthe '946 patent.

4. Claims 16, 17, 20, and 22 of the '946 patent have not been shown to be invalid.

5. A domestic industry has been shown to exist in the United States as required by

subsection (a)(2) of section 337 with respect to certain licensed semiconductor devices that

practice claims of the '946 patent.

6. Certain Broadcom semiconductor devices and products containing same infringe

claims 1, 2, 11, 12, 16, 24, 25, 26, and 34 ofthe '136 patent.

7. Claims 1, 2, 11, 12, 16, 24, 25, 26, and 34 of the '136 patent have not been shown to

be invalid.

8. A domestic industry has not been shown to exist in the United States as required by

subsection (a)(2) of section 337 with respect to the '136 patent.

9. Certain Netgear and Technicolor products containing Broadcom semiconductor

devices infringe claim 18 of the '007 patent.

10. None of the accused semiconductor devices, semiconductor device packages, and

products containing the same have been shown to infringe claims 13 and 16 of the '007 patent.

11. Claims 13, 16, and 18 ofthe '007 patent are invalid.

12. A domestic industry has not been shown to exist in the United States as required by

subsection (a)(2) of section 337 with respect to the '007 patent.

SO O R D E R E D .

Dee Lord
Administrative Law Judge

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C E R T A I N SEMICONDUCTOR D E V I C E S , Inv. No. 337-TA-l 010
SEMICONDUCTOR D E V I C E P A C K A G E S , AND
PRODUCTS CONTAINNG SAME

PUBLIC CERTIFICATE OF SERVICE

I, Lisa R. Barton, hereby certify that the attached NOTI C E has been served by hand
upon the following parties as indicated, on June 30, 2017

Lisa R. Barton, Secretary

U.S. International Trade Commission
500 E Street, SW, Room 112
Washington, DC 20436

On Behalf of Complainants Tessera Technologies, Inc., Tessera, Inc., and Invensas

Corporation:

Sturgis M . Sobin, Esq. Via Hand Delivery

COVINGTON & BURLING L L P ,g( via Express Delivery
One CityCenter, 850 Tenth Street, N.W. y ^ p i t Class Mail a rs

Washington, DC 20001 rj 0 t h e r

On Behalf of Respondents Broadcom Limited, Broadcom Corporation, Avago

Technologies Limited, Avago Technologies U.S. Inc., A R R I S International pic, ARRIS
Group, Inc., ARRIS Technology, Inc., A R R I S Enterprises Inc., ARRIS Solutions, Inc.,
Pace Ltd., Pace Americas, L L C , Pace USA, L L C , H T C Corporation, H T C America, Inc.,
N E T G E A R , Inc., Arista Networks, Inc., Technicolor S.A., Technicolor USA, Inc.
Technicolor Connected Home USA L L C , Comcast Cable Communications, L L C , Comcast
Cable Communications Management, L L C , and Comcast Business Communications,
LLC:

David E. Sipiora, Esq. Via Hand Delivery

K I L P A T R I C K TOWNSEND & S T O C K T O N L L P . ^ via Express Delivery
1400 Wewatta Street, Suite 600 First Class Mail
V i a

Denver, CO 80202 n

On Behalf of Respondents ASUSTeK Computer Inc. and ASUS Computer International:

Lyle B. Vander Schaaf, Esq. Via Hand Delivery

BRINKS G I L S O N & L I O N E L L P p via Express Delivery
1775 Pennsylvania Avenue, NW, Suite 900 "j-j via First Class Mail
Washington, DC 20006 Q Q t h