On October 10, 2018, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Semiconductor Lithography Systems and Components Thereof (Inv. No. 337-TA-1137).

By way of background, this investigation is based on a September 12, 2018 complaint filed by ASML Netherlands B.V. of the Netherlands, ASML US, L.P. of Chandler, Arizona, and ASML US, LLC of Chandler, Arizona 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 semiconductor lithography systems and components thereof that infringe one or more claims of U.S. Patent Nos. 7,295,283; 7,403,264; and 9,188,880. See our September 12, 2018 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified Nikon Corp. of Japan, Nikon Precision Inc. of Belmont, California, and Nikon Research Corp. of America of Belmont, California as respondents in this matter.

The Notice of Investigation further indicates that 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 Dee Lord will be the presiding Administrative Law Judge in this matter.