On December 15, 2015, Energetiq Technology, Inc. of Woburn, Massachusetts (“Energetiq”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that ASML Netherlands B.V. of the Netherlands, ASML US, Inc. of Chandler, Arizona (collectively, “ASML”), and Qioptiq Photonics GmbH & Co. KG of Germany (“Qioptiq”) (all collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain laser-driven light sources, subsystems containing laser-driven light sources, and products containing the same that infringe one or more claims of U.S. Patent Nos. 8,969,841 (the ‘841 patent), 9,048,000 (the ‘000 patent), and 9,185,786 (the ‘786 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to laser-driven light sources used in equipment for the semiconductor industry. In particular, the ‘841 patent relates to technology that provides at least substantially continuous laser energy to an ionized gas within a sealed pressurized chamber. The ‘000 patent relates to technology that provides substantially continuous laser energy to an ionized gas within a sealed pressurized plasma chamber to produce plasma-generated light that is used, for example, to illuminate the features of a semiconductor wafer. The ‘798 patent relates to technology that provides substantially continuous laser energy to an ionized gas within a pressurized chamber in such a manner as to maintain the plasma in an elongated form.
In the complaint, Energetiq states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to Qioptiq’s laser-driven light source, Qioptiq’s subsystems containing a laser-driven light source, and ASML’s products containing same, as infringing products.
Regarding domestic industry, Energetiq states that its EQ-99 product practices at least one claim of each of the asserted patents. Energetiq further states that it has significantly invested in plant and equipment at a facility in Massachusetts. According to the complaint, this facility covers several thousand square feet, with the majority of the space dedicated to the design, research, development, and manufacturing of laser-driven light sources. Energetiq also states that it has invested in labor and capital and research and development in the U.S. relating to the asserted patents.
As to related litigation, Energetiq states that it filed an action against certain of the Proposed Respondents in the U.S. District Court for the District of Massachusetts alleging infringement of various patents, including the ‘841 patent. That case is currently pending, with trial scheduled for July 2017.
With respect to potential remedy, Energetiq requests that the Commission issue a permanent exclusion order and a permanent cease and desist order directed at the Proposed Respondents and others acting on their behalf.