Background
Infineon Technologies AG, the German semiconductor giant with the industry’s broadest gallium nitride (GaN) intellectual property portfolio (approximately 450 patent families), filed a Section 337 complaint with the U.S. International Trade Commission in July 2024 against Innoscience, a China-based manufacturer of GaN-on-silicon power chips. Infineon alleged that Innoscience’s imported GaN power semiconductor devices infringed multiple U.S. patents covering electrode design and transistor architecture for GaN power devices.
GaN technology is increasingly critical for high-performance power electronics used in renewable energy systems, AI data centers, industrial automation, and electric vehicles. Unlike traditional silicon-based power devices, GaN semiconductors can switch at higher frequencies with lower energy losses, making them essential building blocks for next-generation power systems.
Of the four patents initially asserted, Infineon narrowed the case during the investigation to two patents — U.S. Patent No. 9,070,755 (covering GaN electrode design) and U.S. Patent No. 9,899,481 (covering package design). In December 2025, an Administrative Law Judge issued an initial determination finding infringement of the electrode design patent but no infringement of the package design patent — a split result that each side characterized as a partial victory.
The Commission’s Decision
On May 8, 2026, the Full Commission affirmed the initial determination finding that Innoscience infringed Infineon’s GaN electrode design patent. The Commission issued exclusion and cease-and-desist orders barring the importation and sale of the infringing GaN products in the United States.
The import ban is subject to a 60-day Presidential review period, during which the President (or the U.S. Trade Representative, by delegation) may disapprove the order on policy grounds. Absent Presidential intervention, the exclusion order will take effect and U.S. Customs will enforce the import ban at the border.
Key Takeaways
- GaN IP is now a competitive battleground: As GaN semiconductors become critical infrastructure for AI, EVs, and renewable energy, patent protection of underlying GaN device architectures translates directly into market exclusion power.
- ITC remains a potent tool for semiconductor IP enforcement: Unlike district court damages awards that may take years to collect, an ITC exclusion order physically blocks infringing products at the U.S. border — a particularly effective remedy against foreign manufacturers with no domestic assets.
- Parallel global enforcement intensifies pressure: Infineon is simultaneously asserting patents against Innoscience in German courts (Munich District Court I), with an August 2025 infringement finding and additional trials scheduled for June 2026. The ITC victory strengthens Infineon’s hand in global settlement negotiations.
- Presidential review period adds uncertainty: Given the current geopolitical dynamics around semiconductor supply chains and U.S.-China trade policy, the 60-day review period introduces a policy dimension beyond pure patent law.
Why It Matters
This decision sits at the intersection of patent law and semiconductor geopolitics. Infineon’s successful ITC enforcement blocks a Chinese competitor from selling GaN power chips in the U.S. market at a time when the global semiconductor supply chain is being reshaped by national-security and industrial-policy considerations.
For companies in the GaN ecosystem — from chip designers to EV manufacturers and data center operators — this ruling underscores that sourcing GaN components from manufacturers operating outside established patent frameworks carries real legal risk. The exclusion order could disrupt supply chains for customers who had been purchasing Innoscience’s lower-cost GaN products for power conversion applications in the U.S. market.