On May 26, 2016, Silicon Genesis Corporation of Santa Clara, California (“SiGen”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Soitec, 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 that infringe one or more claims of U.S. Patent Nos. 6,458,672 (the ‘672 patent) and 6,171,965 (the ‘965 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to processes for manufacturing semiconductors for use in electronic devices. In particular, the ‘672 patent relates to a process for forming a film of material from a donor substrate using a controlled cleaving process. The ‘965 patent relates to a technique for improving surface texture or surface characteristics of a film of material, e.g., silicon.

In the complaint, SiGen states that Soitec imports and sells products that infringe the asserted patents. The complaint specifically refers to Soitec silicon-on-insulator wafers for use in semiconductors contained in various electronic devices as infringing products.

Regarding domestic industry, SiGen states that its licensee SunEdison Semiconductor, Ltd. (“SunEdison”) practices the asserted patents in the U.S. SiGen further states that SunEdison’s only silicon-on-insulator manufacturing facility is located in Missouri and that SunEdison has engaged in research and development and other activities in the U.S. relating to products that practice the asserted patents.

With respect to potential remedy, SiGen requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at Soitec and related entities.