GlobalFoundries 337-TA-1500: amended patent claims
ITC leaves in place an ALJ ID amending GlobalFoundries' semiconductor investigation to add dependent claims of the '983 patent. Parties, posture, and customs note.
The U.S. International Trade Commission determined not to review an initial determination amending the complaint and notice of investigation in Investigation No. 337-TA-1500 (91 FR 65775-65776; FR Doc. 2026-21124), published October 16, 2026. Commission vote October 13, 2026; issued October 13, 2026 (Lisa Barton, Secretary). This is a claim-set amendment, not an exclusion order.
Complaint and NOI amended to assert dependent claims 8-12 and 19 of the '983 patent. Respondents did not oppose. No petition for review. No remedial order has issued.
Investigation background
Investigation instituted April 30, 2026 (91 FR 23305-06) on a complaint by GlobalFoundries U.S. Inc. (Malta, New York). Alleged section 337 violation by infringement of claims of U.S. Patent Nos. 8,507,983; 8,330,235; 9,093,425; 9,865,546; 10,062,748; and 10,707,167. Domestic industry alleged. OUII is not a party.
Eight Tower-related respondents: Tower Semiconductor Ltd. (Migdal Haemek, Israel); Tower Partners Semiconductor Co., Ltd. (Toyama, Japan); Tower Semiconductor Italy S.R.L. (Milano, Italy); Tower US Holdings, Inc. (Newport Beach, CA); Tower Semiconductor San Antonio, Inc. (San Antonio, TX); Tower NPB Holdings, Inc. (San Jose, CA); Tower Semiconductor Newport Beach, Inc. (Newport Beach, CA); and Newport Fab LLC (Newport Beach, CA).
Instituted Apr 30, 2026 (91 FR 23305-06) · complainant GlobalFoundries U.S. Inc. (Malta, NY)
Motion Aug 31, 2026 · ID Order No. 8 Sep 14, 2026 · Commission not to review · vote/issued Oct 13, 2026
Amended to assert dependent claims 8-12 and 19 of U.S. Patent No. 8,507,983 · OUII not a party
What changed
On August 31, 2026, complainant moved to amend the complaint and NOI to assert dependent claims 8-12 and 19 of the '983 patent. Respondents did not oppose. On September 14, 2026, the ALJ issued ID (Order No. 8) granting the motion under 19 CFR 210.14(b) for good cause (discovery information not previously known to complainant) and found no prejudice to the public interest or any party. No party petitioned for review. The Commission determined not to review; the complaint and NOI are amended accordingly.
Docket materials: EDIS. Contact: B. Rashmi Borah, Office of the General Counsel, (202) 205-2518. For other recent section 337 posture, see Vicor vertical power delivery: ITC institutes 337-TA-1526 and Apple iPhone/iPad: ITC institutes section 337 (trinamiX).
A claim-set amendment is not an exclusion order. Watch the amended asserted claims and the EDIS docket for any later remedial orders. Exclusion orders, if any later issue, govern entry; they are separate from drawback.
Action items
- Importers and distributors of accused semiconductor devices should review the expanded '983 dependent-claim set and monitor EDIS for further IDs or Commission action.
- Customs brokers should prepare screening workflows in case a later exclusion or cease-and-desist order issues; none has issued here.
- Do not treat this notice as a finding of infringement or as a remedy; it only amends the pleadings.
- FR Doc. 2026-21124 (91 FR 65775-65776): ITC will not review ALJ Order No. 8 amending 337-TA-1500. Vote/issued Oct 13, 2026; published Oct 16.
- Complainant: GlobalFoundries U.S. Inc. (Malta, NY). Eight Tower-related respondents. OUII not a party. Patents include 8,507,983 and five others.
- Amended to assert dependent claims 8-12 and 19 of the '983 patent under 19 CFR 210.14(b) (good cause from discovery; no prejudice).
- Respondents did not oppose; no petition for review. Not an exclusion order.
- Exclusion orders (if any later issue) govern entry and are separate from drawback.
- Certain Semiconductor Devices, Products Containing Same, and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination To Amend the Complaint and Notice of Investigation (91 FR 65775-65776; FR Doc. 2026-21124; Inv. No. 337-TA-1500) · U.S. International Trade Commission
- Electronic Document Information System (EDIS) · U.S. International Trade Commission
This article is for general information and is not legal or tax advice. Drawback eligibility depends on your specific facts, and final refunds are determined by CBP at liquidation. Consult a licensed customs broker or attorney for your situation.