U.S. International Trade Commission Reviews Patent Violation Findings in Semiconductor Case
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On February 2, 2026, the U.S. International Trade Commission (ITC) voted to review in part a final initial determination (Final ID) related to Investigation No. 337-TA-1414. The investigation involves certain semiconductor devices and associated products.
The original complaint was filed by Infineon Technologies Americas Corp. (El Segundo, California) and Infineon Technologies Austria AG (Villach, Austria). It was filed under Section 337 of the Tariff Act of 1930. The case was instituted on August 30, 2024. The complaint alleged that Innoscience (with locations in China and the U.S.) violated U.S. law by importing infringing semiconductor devices.
The patents involved in the complaint were:
- U.S. Patent No. 9,899,481 (the ’481 patent)
- U.S. Patent No. 8,686,562 (the ’562 patent)
- U.S. Patent No. 9,070,755 (the ’755 patent)
- U.S. Patent No. 8,264,003 (the ’003 patent)
During the proceedings, claims associated with the ’003 and ’562 patents and one claim of the ’481 patent were terminated from the investigation upon motion by Complainants.
On December 2, 2025, the presiding Administrative Law Judge (ALJ) found:
- A violation by Innoscience with respect to claims 1–4, 6, and 17 of the ’481 patent.
- No violation with respect to the asserted claims of the ’755 patent.
- That Infineon met both the technical and economic prongs of the domestic industry requirement for the ’481 patent.
- That Infineon failed to meet those prongs for the ’755 patent.
The ALJ recommended remedies including:
- A limited exclusion order.
- Cease and desist orders based on Innoscience’s significant U.S. inventory and operations.
- A bond at 100% during the Presidential review period.
On December 15, 2025, Innoscience petitioned the Commission to review findings related to the ’481 patent. On the same day, Infineon requested review of the no-violation finding regarding the ’755 patent.
The Commission reviewed the investigation record, the ALJ’s Final ID, both parties’ submissions, and their responses. The Commission has now agreed to review specific findings from the Final ID:
- Claim construction of “lateral transistor devices”
- Infringement analysis
- Domestic industry technical and economic prongs
- Validity of relevant claims under the ’481 patent
The Commission will not review other parts of the Final ID.
The Commission called for written submissions addressing specific issues including:
- Whether claims 1–3 and 6 of the ’481 patent are obvious when combining prior art references Nega and Roberts.
- Parties are to evaluate if Respondents met their burden.
- If a prima facie case is found, the Commission asks whether secondary considerations rebut the finding and whether the matter should be remanded to the ALJ.
- The ability to quantitatively and qualitatively assess Infineon’s domestic industry efforts, taking into account global investments and operations.
The Commission seeks additional information on these topics:
- Identification of accused products under remedial orders in Investigation 337-TA-1366.
- U.S. market share of the accused and domestic industry products.
- Whether other suppliers can meet U.S. demand if an exclusion or cease and desist order issues.
- Availability of substitute products in the market.
Parties are required to submit written responses no later than February 17, 2026, with replies due by February 24, 2026. Page limits are:
- 30 pages for opening submissions by parties
- 15 pages for reply submissions by parties
- 10 pages for submissions by third parties or government agencies
Confidential materials must be clearly marked and properly submitted.
Infineon is requested to:
- Indicate the remedy it seeks
- Submit proposed remedial orders
- State the expiration date of the ’481 patent
- Identify applicable HTSUS subheadings
- Provide importer details for identified products
If the Commission finds a violation and issues a remedy, it will be subject to Presidential review for 60 days. During that time, the accused products may enter the U.S. only under bond, as set by the Commission.
The legal authority for these actions is found in 19 U.S.C. 1337 and 19 CFR Part 210.
This notice was issued by Secretary Lisa Barton and published in the Federal Register on February 5, 2026, under Document No. 2026-02297.
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