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Background
I. Xilinx’s Line of Business and Corporate Structure
Xilinx Inc.,2 is in the business of researching, developing,
manufacturing, marketing, and selling field programmable logic
devices,3 integrated circuit devices, and other development
software systems. Petitioner uses unrelated producers to
fabricate and assemble its wafers into integrated circuit
devices.
During the years in issue, petitioner was the parent of a
group of affiliated subsidiaries including, but not limited to
Xilinx Holding One Ltd., Xilinx Holding Two Ltd., Xilinx
Development Corporation (XDC), NeoCAD Inc.,4 Xilinx Ireland (XI),
and Xilinx International Corporation. XI was established in 1994
as an unlimited liability company under the laws of Ireland and
was owned by Xilinx Holding One Ltd., and Xilinx Holding Two Ltd.
(i.e., Irish subsidiaries of petitioner). XI was created to
manufacture field programmable logic devices and to increase
petitioner’s European market share. It manufactured, marketed,
and sold field programmable logic devices, primarily to customers
2 All references to “petitioner” are to Xilinx Inc. All
references to “petitioners” are to Xilinx Inc. and its
consolidated subsidiaries.
3 Field programmable logic devices are integrated circuits
that can be programmed, using development software, to perform
complex functions.
4 NeoCAD Inc., was liquidated in 1998.
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Last modified: May 25, 2011