On May 23, 2016, Tessera Technologies, Inc., Tessera, Inc., and Invensas Corp. (collectively, “Tessera”)—all of San Jose, California—filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that the following entities (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain semiconductor devices, semiconductor device packages, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,856,007 (the ‘007 patent), 6,849,946 (the ‘946 patent), and 6,133,136 (the ‘136 patent) (collectively, the “asserted patents”):
- Broadcom Limited of Singapore
- Broadcom Corp. of Irvine, California
- Avago Technologies Limited of Singapore
- Avago Technologies U.S. Inc. of San Jose, California
- Arista Networks, Inc. of Santa Clara, California
- ARRIS International plc of Suwanee, Georgia
- ARRIS Group, Inc. of Suwanee, Georgia
- ARRIS Technology, Inc. of Horsham, Pennsylvania
- ARRIS Enterprises LLC of Suwanee, Georgia
- ARRIS Solutions, Inc. of Suwanee, Georgia
- Pace Ltd. (formerly Pace plc) of England
- Pace Americas, LLC of Boca Raton, Florida
- Pace USA, LLC of Boca Raton, Florida
- ASUSTeK Computer Inc. of Taiwan
- ASUS Computer International of Fremont, California
- Comcast Cable Communications, LLC of Philadelphia, Pennsylvania
- Comcast Cable Communications Management, LLC of Philadelphia, Pennsylvania
- Comcast Business Communications, LLC of Philadelphia, Pennsylvania
- HTC Corp. of Taiwan
- HTC America, Inc. of Bellevue, Washington
- NETGEAR, Inc. of San Jose, California
- Technicolor S.A. of France
- Technicolor USA, Inc. of Indianapolis, Indiana
- Technicolor Connected Home USA LLC of Indianapolis, Indiana
According to the complaint, the asserted patents generally relate to semiconductor packaging technology. In particular, the ‘007 patent relates to a compact and economical semiconductor chip assembly that includes a packaged semiconductor chip, a chip carrier with a metallic thermal conductor, and a circuit panel with a thermal conductor mounting. The ‘946 patent relates to a semiconductor layout configuration and method that results in a more efficient planarization process for a semiconductor chip. Lastly, the ‘136 patent relates to a structure for metal interconnects used in semiconductor packaging.
In the complaint, Tessera states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to various products associated with the Proposed Respondents as infringing products. In particular, the complaint refers to multiple categories of accused semiconductor products associated with Broadcom and asserts that the remaining Proposed Respondents import and sell products that contain these infringing Broadcom semiconductor products.
Regarding domestic industry, Tessera states that its licensees—including Micron, Cypress, and IBM—practice the asserted patents in the U.S. and have engaged in domestic manufacturing, assembly, packaging, testing, research, product development, application engineering, licensing, and post-sale support and repair relating to products that practice the asserted patents. Tessera further states that its own engineering, research and development, and licensing efforts in the U.S. support the existence of a domestic industry.
As to related litigation, Tessera states that, concurrently with the filing of the instant ITC complaint, it also filed a complaint against Broadcom Corp. in the U.S. District Court for the District of Delaware alleging infringement of the asserted patents.
With respect to potential remedy, Tessera requests that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed at the Proposed Respondents and related entities.