On August 19, 2015, Silicon Genesis Corp. of San Jose, California ("SiGen") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that S.O.I.TEC Silicon on Insulator Technologies, S.A. of France ("Soitec") unlawfully imports into the U.S., sells for importation, and/or sells within the U.S. after importation certain silicon-on-insulator wafers for use in semiconductors that infringe one or more claims of U.S. Patent Nos. 5,985,742 (the '742 patent), 6,013,563 (the '563 patent), 6,103,599 (the '599 patent), 6,162,705 (the '705 patent), 6,180,496 (the '496 patent), 6,294,814 (the '814 patent), 6,790,747 (the '747 patent), and 7,811,901 (the '901 patent) (collectively, the "asserted patents").
According to the complaint, the asserted patents generally relate to processes to manufacture semiconductors for use in electronic devices. For example, the asserted patents are generally directed to a method and device for cleaving a substrate in the fabrication of a silicon-on-insulator substrate for semiconductor integrated circuits.
In the complaint, SiGen states that Soitec imports and sells products that infringe the asserted patents. The complaint specifically refers to silicon-on-insulator wafers for use in semiconductors contained in various electronic devices as infringing products.
Regarding domestic industry, SiGen states that it has invested $204,930,533 in plant and equipment; labor and capital; and engineering, research and development, and licensing related to the technologies covered by the asserted patents since 1997, including $6,794,206 over the last three fiscal years. SiGen further states that its licensees SunEdison Semiconductor Ltd. and Shin-Etsu Chemical Co., Ltd. are worldwide leaders in manufacturing silicon-on-insulator wafers using the technologies of the asserted patents, and both have facilities in the U.S.
With respect to potential remedy, SiGen requests that the Commission issue a permanent exclusion order and a permanent cease and desist order directed at Soitec and related entities.