ITC Institutes Patent Investigation on MLC Flash Memory Devices, and Sony, Apple, Other Products Containing Same

The products at issue are multi-level cell NAND flash memory chips that are incorporated into various consumer electronic products such as laptop computers, cell phones, and MP3 players that are imported into the U.S.

Exclusion and Cease & Desist Order Requested

The complaint, filed by BTG International, Inc., of West Conshohocken, PA, alleges violations of section 337 of the Tariff Act of 1930 based upon the importation into the U.S. and sale of certain MLC flash memory devices and products containing same that infringe patents asserted by BTG International.

The complainant requests that the ITC issue an exclusion order and a cease and desist order.

Companies 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 Co., Ltd., of South Korea;

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

Samsung Semiconductor, Inc., of San Jose, CA;

Samsung Telecommunications America, LLC, of Richardson, TX;

Apple, Inc., of Cupertino, CA;

ASUStek Computer, Inc., of Taiwan;

ASUS Computer International of Fremont, CA;

Dell, Inc., of Round Rock, TX;

Lenovo Group Limited of Hong Kong;

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

PNY Technologies, Inc., of Parsippany, NJ;

Research in Motion, Ltd., of Waterloo, Ontario, Canada;

Research in Motion Corporation of Irving, TX;

Sony Corporation of Japan;

Sony Electronics, Inc., of San Diego, CA; and

Transcend Information, Inc., of Taiwan.

Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with 19 CFR 210.13. To be considered by the ITC, such responses must be received not later than 20 days after the date of service by the ITC of the complaint and notice of investigation. The ITC may extend the time period for submitting responses to the complaint and the notice of investigation if good cause is shown.

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 - Stephen Smith (202) 205-2746

ITC press release (09-065, dated 08/24/09) available at http://www.usitc.gov/press_room/news_release/2009/er0824gg1.htm.

ITC FR notice on investigation (to be published on 08/27/09) available at http://www.federalregister.gov/OFRUpload/OFRData/2009-20692_PI.pdf