By John Presper
On March 4, 2021, the ITC issued a Notice of Investigation in Certain Semiconductor Devices, Wireless Infrastructure Equipment Containing the Same, and Components Thereof (Inv. No. 337-TA-1254).

By way of background, this investigation is based on a February 4, 2021 complaint filed by Samsung Electronics, Co., Ltd of South Korea and Samsung Austin Semiconductor, LLC of Austin, Texas (collectively, “Samsung”) alleging a violation of Section 337 by Ericsson AB of Sweden, Telefonaktiebolaget LM Ericsson of Sweden, and Ericsson Inc. of Plano, Texas (collectively, “Respondents”) in the unlawful importation and sale in the U.S. of certain semiconductor devices, wireless infrastructure equipment containing the same, and components thereof that infringe Samsung’s U.S. Patent Nos. 9,748,243 (“the ’243 patent”); 9,018,697 (“the ’697 patent”); 9,048,219 (“the ’219 patent”); and 9,761,719 (“the ’719 patent”). According to the complaint, the ’243 patent generally relates to semiconductor devices that have contact plugs and a method for forming such devices; the ’697 generally relates to a fin field effect transistor (also known as as a FinFET transistor) and a method of forming same; the ’219 patent generally relates to a high integration semiconductor device and method of fabricating such a device; and the ’719 patent generally relates to semiconductor devices, and specifically silicon-germanium source and drain regions having varying germanium concentrations.

Samsung is requesting that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed to Respondents. According to the Notice of Investigation, the Office of Unfair Import Investigations will not participate as a party in the investigation. Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that ALJ David P. Shaw will preside in the investigation.