By Eric SchweibenzOn February 8, 2017, ALJ MaryJoan McNamara issued a notice of Initial Determination on the Economic Prong of the Domestic Industry Requirement in Certain Silicon-On-Insulator Wafers (Inv. No. 337-TA-1025).
By way of background, this investigation is based on a May 26, 2016 complaint filed by Silicon Genesis Corporation alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling 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 and 6,171,965. See our May 27, 2016 and October 20, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
According to the February 8, 2017 notice, ALJ McNamara determined:
On this date, the undersigned issued an Initial Determination in the 100-Day case regarding the economic prong of the domestic industry requirement.
It is held that Silicon Genesis Corporation, through its licensee, SunEdison Semiconductor Limited, has established contingently by a preponderance of evidence the economic prong of the domestic industry requirement, and more specifically under Section 337(a)(3)(A), (a)(3)(B) and (a)(3)(C). 19 U.S.C. § 1337(a)(3)(A), (a)(3)(B) and (a)(3)(C).
Whether Silicon Genesis Corporation, through its licensee, SunEdison Semiconductor Limited, has established the required nexus that SunEdison Semiconductor Limited practices at least one claim of each of the asserted patents is established provisionally, but reserved for final decision to the remainder of this Investigation.