ITC Institutes Patent Investigation of DRAM Semiconductors and Products
The International Trade Commission has instituted a section 337 patent-based investigation of dynamic random access memory (DRAM) semiconductors and products containing the same, including memory modules, pursuant to a complaint.
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(The products at issue in this investigation are semiconductors and memory modules used in a wide variety of electronic products.)
Exclusion and Cease & Desist Orders Requested
The complaint, filed on behalf of Infineon Technologies AG of Neubiberg, Germany, and Infineon Technologies North American Corp. of Milpitas, CA, 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 dynamic random access memory semiconductors or products containing the same, including memory modules that infringe one or more of claims 1-16 of U.S. Patent No. 5,480,051; claims 1-19 of U.S. Patent No. 5,422,309; claims 6-9 and 11 of U.S. Patent No. 5,397,664; and claims 1-20 of U.S. Patent No. 7,071,074.
The complainant requests 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 in this investigation:
- A-Data Technology (USA) Co. Ltd. of Hacienda Heights, CA;
- A-Data Technology Co. Ltd. of Taiwan;
- Apacer Memory America Inc. of Milpitas, CA;
- Apacer Technology Inc. of Taiwan;
- Buffalo Inc. of Japan;
- Buffalo Technology (USA), Inc., of Austin, TX;
- Corsair Memory (Taiwan) of Taiwan;
- Corsair Memory of Fremont, CA;
- Elpida Memory (USA) Inc. of Sunnyvale, CA;
- Elpida Memory Inc. of Japan;
- Kingston Technology Company Inc. of Fountain Valley, CA;
- Kingston Technology Far East (M) Sdn. Bhd. of Malaysia;
- Kingston Technology Far East Co. Ltd. of Taiwan;
- Kingston Technology Shanghai Co. Ltd. of China;
- Mushkin APAC of Malaysia;
- Mushkin Inc. of Englewood, CO;
- Payton Technology Corp. of Fountain Valley, CA;
- Rexchip Electronics Corporation of Taiwan;
- Transcend Information Inc. of Taiwan; and
- Transcend USA of Orange, CA.
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 - Juan Cockburn (202) 205-2572
ITC notice (Inv. No. 337-TA-707, FR Pub 03/25/10) available at http://edocket.access.gpo.gov/2010/pdf/2010-6617.pdf
ITC press release (No. 10-025, dated 03/23/10) available at http://www.usitc.gov/press_room/news_release/2010/er0323hh1.htm