• ITC Denies Request to Stay Enforcement of Limited Exclusion and Cease and Desist Orders in Certain Semiconductor Chips with Minimized Chip Package Size (337-TA-605)
  • July 31, 2009 | Author: Thomas J. Fisher
  • Law Firm: Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P. - Alexandria Office
  • On July 17, 2009, the International Trade Commission issued a Notice  in Certain Semiconductor Chips With Minimized Chip Package Size and Products Containing Same (Inv. No. 337-TA-605) denying a motion to stay enforcement of a limited exclusion order and cease and desist orders pending appeal of the Commission’s final determination of a violation of section 337 by Spansion, Inc. and Spansion, LLC (“Spansion”); Qualcomm, Inc. (“Qualcomm”); ATI Technologies (“ATI”); STMicroelectronics N.V. (“ST”); and Freescale Semiconductor, Inc. (“Freescale”) (collectively “Respondents”).

    As explained in our June 11 and May 22 posts, on May 20, 2009, the Commission reversed ALJ Theodore R. Essex’s December 1, 2008 Initial Determination (“ID”) finding no violation of section 337 and issued a Final Determination imposing a limited exclusion order against respondents Spansion, Qualcomm, ATI, Motorola, ST, and Freescale, and cease and desist orders against Motorola, Qualcomm, Freescale, and Spansion.

    As stated in the July 17 notice, on June 2, 2009, Respondents filed a joint motion to stay the limited exclusion and cease and desist orders pending appeal of the Commission’s determination to the U.S. Court of Appeals for the Federal Circuit.  Complainant Tessera, Inc. (“Tessera”) and the Commission Investigative Staff both opposed Respondents’ motion.  Respondents then moved for leave to file a joint reply in support of their motion, which was opposed by Tessera.

    In the July 17 Order enying Respondents’ motion for a stay, the Commission:  (1) denied Respondents’ motion; (2) denied Respondents’ motion for leave to file a joint reply; and (3) stated that “[n]otice of this Order and a Commission Opinion to be issued at a later date shall be served on the parties.”