ITC Institutes Patent Investigation on Certain Flash Memory Chips and Products Containing Same

(The products at issue in this investigation are flash memory chips used in USB drives, digital cameras, phones, music players, and computers.)

Exclusion and Cease & Desist Orders Requested

The complaint, filed on behalf of Spansion, Inc. and Spansion LLC of Sunnyvale, California, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S., the sale for importation, and the sale within the U.S. after importation of certain flash memory chips and products containing the same that infringe certain claims of U.S. Patent Nos. 6,380,029, 6,080,639, 6,376,877, and 5,715,194.

The complainants request that after the investigation, the ITC issue an exclusion order and cease and desist orders.

Respondents Alleged to Be in Violation of Section 337

The ITC has identified the following respondents alleged to be in violation of section 337:

Samsung Electronics Company, Ltd. of South Korea;

Samsung Electronics America, Inc. of Ridgefield Park, NJ;

Samsung International, Inc. of San Diego, CA;

Samsung Semiconductor, Inc. of San Jose, CA;

Samsung Telecommunications America, LLC of Richardson, TX;

Apple, Inc. of Cupertino, CA;

Hon Hai Precision Industry Co., Ltd. of Taiwan;

AsusTek Computer Inc. of Taiwan;

Asus Computer International Inc. of Fremont, CA;

Kingston Technology Company, Inc. of Fountain Valley, CA;

Kingston Technology (Shanghai) Co. Ltd. of China;

Kingston Technology Far East Co. of Taiwan;

Kingston Technology Far East (Malaysia) of Malaysia;

Lenovo Group Ltd. of Hong Kong;

Lenovo (United States) Inc. of Morrisville, NC;

Lenovo (Beijing) Limited of China;

International Information Products (Shenzhen) Co., Ltd. of China;

Lenovo Information Products (Shenzhen) Co., Ltd. of China;

Lenovo (Huiyang) Electronic Industrial Co., Ltd. of China;

Shanghai Lenovo Electronic Co., Ltd. of China;

PNY Technologies, Inc. of Parsippany, NJ;

Research in Motion Ltd. of Canada;

Research in Motion Corporation of Irving, TX;

Sony Corporation of Japan;

Sony Corporation of America of New York, NY;

Sony Ericsson Mobile Communications AB of Sweden;

Sony Ericsson Mobile Communications (USA), Inc. of Research Triangle Park, NC;

Beijing SE Putian Mobile Communication Co., Ltd. of China;

Transcend Information Inc. of Taiwan;

Transcend Information, Inc. (US) of Orange, CA;

Transcend Information Inc. (Shanghai Factory) of China;

Verbatim Americas LLC of Charlotte, NC; and

Verbatim Corporation of Charlotte, NC.

ALJ to Determine if Violation Occurred

By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.

(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)

ITC contact - Heidi Strain (202) 205-3352

ITC notice (Inv. No. 337-TA-664, FR Pub 12/18/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-29955.pdf

ITC press release (08-123, dated 12/15/08) available at http://www.usitc.gov/ext_relations/news_release/2008/er1215ff2.htm