ITC Slams Door on Rogue Semiconductors: Patents Win Import Ban Battle
Published Date: 5/12/2026
Notice
Summary
The U.S. International Trade Commission found that some semiconductor devices imported or sold in the U.S. violate Infineon's patents. To stop this, the Commission is blocking these products from entering the country and ordering the companies involved to stop selling them. This means affected companies must act fast or face legal and financial consequences.
Analyzed Economic Effects
4 provisions identified: 0 benefits, 4 costs, 0 mixed.
Imports of Infringing Chips Blocked
The Commission issued a limited exclusion order (LEO) that prohibits the unlicensed entry into the United States of infringing semiconductor devices and products containing those devices manufactured by or on behalf of the named respondents or their affiliates, successors, or assigns. This action follows the Commission vote on May 7, 2026 and blocks physical importation of those infringing products.
Orders To Stop U.S. Sales
The Commission issued cease and desist orders (CDOs) requiring the named respondents to stop selling the infringing semiconductor devices and products containing them in the United States. The CDOs were issued alongside the Commission's May 7, 2026 determination.
100% Bond During Presidential Review
The Commission ordered a bond equal to one hundred percent (100%) of the value of infringing products imported during the period of Presidential review under 19 U.S.C. 1337(j). Importers seeking to bring the covered products into the U.S. during that review period must post the 100% bond.
Violation Narrowed to Specific Patent Claims
The Commission found a violation of section 337 only as to claims 4 and 17 of U.S. Patent No. 9,899,481 (the '481 patent), while finding that claims 1-3 and 6 of the same patent are invalid as obvious. The final determination and remedial orders therefore apply with respect to claims 4 and 17.
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