On June 19, 2014, the International Trade Commission (“the Commission”) issued a notice of its determination to rescind the limited exclusion order (“LEO”) in Certain Encapsulated Integrated Circuit Devices and Products Containing Same (Inv. No. 337-TA-501) based on a settlement and license agreement.
By way of background, the Commission instituted the investigation based on a complaint filed by Amkor Technology Inc. (“Amkor”) alleging violation of Section 337 in the importation and/or sale of certain encapsulated integrated circuit devices that infringe claims of U.S. Patent Nos. 6,433,277; 6,630,728 and 6,455,356. On April 4, the Commission determined that there is a violation of Section 337 by Respondents Carsem (M) Sdn Bhd, Carsem Semiconductor Sdn Bhd, and Carsem, Inc. (collectively, “Carsem”) in the unlawful importation and/or sale of certain encapsulated integrated circuit devices covered by one or more of claims 2-4 and 21-23 of the ’277 patent. See our May 7, 2014 post for more details on the public version of the Commission’s opinion. In particular, the Commission determined that the appropriate relief was an LEO.
According to the notice, both private parties jointly petitioned that the LEO be rescinded pursuant to 19 U.S.C. § 1337(k) and 19 C.F.R. § 210.76(a) based on a settlement between Amkor and Carsem which provides that all articles currently covered by the LEO are now licensed. The Commission Investigative Staff supported the petition. Accordingly, the petition was granted by the Commission.