By Eric Schweibenz and Alex Englehart
On September 28, 2017, Tessera Advanced Technologies, Inc. of San Jose, California (“Tessera”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Samsung Electronics Co., Ltd. of South Korea, Samsung Electronics America, Inc. of Ridgefield Park, New Jersey, and Samsung Semiconductor, Inc. of San Jose, California (collectively, “Samsung”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain wafer-level packaging semiconductor devices and products containing same (including cellular telephones, tablets, laptops, and notebooks) and components thereof that infringe one or more claims of U.S. Patent Nos. 6,784,557 (the ’557 patent) and 6,954,001 (the ’001 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to semiconductor packaging technology. In particular, the asserted patents relate to an improvement in chip reliability using a semiconductor packaging technology that has sometimes been referred to as “Chip Scale Package” or “CSP.”

In the complaint, Tessera states that Samsung imports and sells products that infringe the asserted patents. The complaint specifically refers to Power Management IC chips used in Samsung’s Galaxy and Galaxy Note smartphones, as well as personal computers such as laptops, notebooks, and netbooks; tablets; cameras; and other electronic devices with wafer-level packaging semiconductor components, as infringing products.

Regarding domestic industry, Tessera states that it and its licensee Micron Technology, Inc. (“Micron”) have made significant investments in plant and equipment, engaged in the significant employment of labor or capital, and conducted extensive research, development, application engineering, and licensing activities in the U.S. relating to products that practice the asserted patents (which include several Micron semiconductor devices).

As to related litigation, Tessera states that, concurrently with the filing of the instant ITC complaint, it also filed a complaint against Samsung in the U.S. District Court for the District of New Jersey alleging infringement of the asserted patents. Tessera also refers to a pending litigation against Broadcom Corp. in the U.S. District Court for the District of Delaware, where Tessera is asserting the ’001 patent (and other patents).

With respect to potential remedy, Tessera requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at Samsung.