Section 337 investigation launched: semiconductor patents
GlobalFoundries U.S. Inc. filed a patent-infringement complaint with the U.S. International Trade Commission on March 26, 2026, alleging violations of Section 337 of the Tariff Act of 1930. The complaint covers imported semiconductor devices, products containing them, and related components that allegedly infringe six U.S. patents (Nos. 8,330,235; 8,507,983; 9,093,425; 9,865,546; 10,062,748; and 10,707,167). GlobalFoundries is seeking a limited exclusion order and cease-and-desist orders, and the ITC has instituted an investigation.
Photo: RDNE Stock project / PexelsOn March 26, 2026, GlobalFoundries U.S. Inc., based in Malta, New York, filed a complaint with the U.S. International Trade Commission under Section 337 of the Tariff Act of 1930, initiating a patent-infringement investigation into certain semiconductor devices and related products. A supplemental complaint was filed on April 1, 2026.
What's under investigation
The investigation targets the importation, sale for importation, and domestic sale of certain semiconductor devices, products containing semiconductor devices, and components thereof. GlobalFoundries alleges these products infringe the following U.S. patents:
- U.S. Patent No. 8,330,235
- U.S. Patent No. 8,507,983
- U.S. Patent No. 9,093,425
- U.S. Patent No. 9,865,546
- U.S. Patent No. 10,062,748
- U.S. Patent No. 10,707,167
The complaint asserts that "an industry in the United States exists as required by the applicable Federal Statute," meeting the statutory threshold for Section 337 relief.
Remedies sought
GlobalFoundries is requesting that the ITC issue a limited exclusion order and cease-and-desist orders against the infringing imports and sales. If granted, these remedies would bar importation of the accused products and prohibit their sale in the U.S. market.
Section 337 investigations are quasi-judicial proceedings that can result in import bans, even when no tariff duty applies. The ITC typically completes investigations within 16–18 months, though the timeline can vary depending on complexity and settlement activity.
What this means for shippers
Importers and freight forwarders moving semiconductor devices and electronic products should monitor this investigation for potential import restrictions. If the ITC grants a limited exclusion order, affected products will face an outright ban from U.S. entry, regardless of tariff classification. Verify product specifications against the accused patents and stay informed of ITC updates; non-compliance will result in seizure at the border and potential liability. Check /hs-codes/search to confirm your product's classification and cross-reference with any exclusion list the ITC publishes.
