In re Cypress Semiconductor Corp., 040609 FEDFED, 898

Docket Nº:898
Party Name:IN RE CYPRESS SEMICONDUCTOR CORPORATION, Petitioner.
Case Date:April 06, 2009
Court:United States Courts of Appeals, Court of Appeals for the Federal Circuit
 
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IN RE CYPRESS SEMICONDUCTOR CORPORATION, Petitioner.

No. 898

United States Court of Appeals, Federal Circuit

April 6, 2009

This order is nonprecedential.

On Writ of Mandamus from the United States International Trade Commission in case no. 337-TA-648.

ON PETITION FOR WRIT OF MANDAMUS

Before NEWMAN, BRYSON, and DYK, Circuit Judges.

DYK, Circuit Judge.

ORDER

Cypress Semiconductor Corporation petitions for a writ of mandamus directing the United States International Trade Commission (Commission) to halt its investigation in case no. 337-TA-648. Responses in support of the petition were received from (1) Elpida Memory Inc., (2) Nanya Technology Corporation, Powerchip Semiconductor Corporation, and Spansion Inc., (3) Grace Semiconductor Manufacturing Corporation, Integrated Device Technology, Inc. and STMicroelectronics N.V., (4) United Microelectronics Corporation, ProMOS Technologies, Inc., Microchip Technology Inc., Micronas GmbH, and Dongbu HiTek Semiconductor Business, (5) MagnaChip Semiconductor, Ltd., and (6) National Semiconductor Corporation. Agere Systems Inc. and LSI Corporation (Agere) and the Commission each oppose the petition.

Cypress is a respondent in case no. 337-TA-648 concerning Agere's patent. Agere's patent was previously the subject of patent infringement litigation in the United States District Court for the Eastern District of Pennsylvania. Agere Sys., Inc. v. Atmel Corp., No. 02-864 (E.D. Pa.) (Atmel). In Atmel, the district court ruled the patent invalid. After judgment was entered, the parties settled their dispute and, on motion, the district court vacated its summary judgment orders, the jury verdict, and the judgment.

Agere subsequently submitted a complaint to the Commission alleging that various respondents infringe its patent through importation and sale of certain semiconductor integrated circuits using tungsten metallization, and the Commission initiated an investigation. Cypress filed a motion for summary determination arguing that Agere is precluded from relitigating the validity of the patent based on the Eastern District of Pennsylvania's rulings in Atmel. The administrative law judge (ALJ) denied the motion, and the Commission affirmed the ALJ's ruling that the Atmel judgment did not preclude Agere from relitigating the patent's validity. Cypress now seeks a petition for a writ of mandamus directing the...

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