ITC Institutes Patent Investigation of Flash Memory Chips
The International Trade Commission has instituted a section 337 patent-based investigation of certain flash memory chips and products containing the same, pursuant to a filed complaint.
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(The products at issue in this investigation are flash memory chips and products containing flash memory such as smartphones.
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Spansion LLC of Sunnyvale, CA, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain flash memory chips and products containing the same that infringe patents asserted by Spansion.
The complainant requests that the ITC issue an exclusion order and cease and desist orders.
Companies 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:
- Apple, Inc., of Cupertino, CA;
- Nokia Corp. of Finland;
- Nokia Inc. of Irving, TX;
- PNY Technologies, Inc., of Parsippany, NJ;
- Research in Motion Corporation of Irving, TX;
- Research in Motion Ltd. of Canada;
- Samsung Electronics America, Inc., of Ridgefield Park, NJ;
- Samsung Electronics Co., Ltd., of South Korea;
- Samsung International, Inc., of San Diego, CA;
- Samsung Semiconductor, Inc., of San Jose, CA;
- Samsung Telecommunications America, LLC, of Richardson, TX;
- Transcend Information Inc. (Shanghai Factory) of China
- Transcend Information Inc. of Taiwan; and
- Transcend Information, Inc. (US) 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.)
(Press release dated 09/07/10, Inv. No. 337-TA-735)