ITC Institutes Patent Investigation of Semiconductor Products Against HP, Motorola, Etc.

(The products at issue in this investigation are memory controllers as well as products containing them such as motherboards, modems, routers, and computers.)

Exclusion and Cease & Desist Orders Requested

The investigation is based on a complaint filed by Rambus, Inc., 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 semiconductor chips and products containing same that infringe patents asserted by Rambus.

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 companies as the respondents alleged to be in violation of section 337 in this investigation:

• ASUS Computer International Inc. of Fremont, CA;
• ASUSTEK Computer Inc. of Taiwan;
• Audio Partnership PLC of the United Kingdom;
• Biostar Microtech (U.S.A.) Corp. of City of Industry, CA;
• Biostar Microtech International Corp. of Taiwan;
• Broadcom Corporation of Irvine, CA;
• Cisco Systems, Inc., of San Jose, CA;
• Elitegroup Computer Systems of Taiwan;
• EVGA Corporation of Brea, CA;
• Freescale Semiconductor, Inc., of Austin, TX;
• G.B.T. Inc. of City of Industry, CA;
• Galaxy Micro Systems Ltd. of Hong Kong;
• Garmin International of Olathe, KS;
• Giga-byte Technology Co., Ltd., of Taiwan;
• Gracom Technologies LLC of City of Industry, CA;
• Hewlett-Packard Company of Palo Alto, CA;
• Hitachi Global Storage Technologies of San Jose, CA;
• Jaton Corporation of Fremont, CA;
• Jaton Technology TPE of Taiwan;
• LSI Corporation of Milpital, CA;
• Mediatek, Inc., of Taiwan;
• Micro-star International Co., Ltd., of Taiwan;
• Motorola, Inc., of Schaumburg, IL;
• MSI Computer Corporation of City of Industry, CA;
• NVIDIA Corporation of Santa Clara, CA;
• OPPO Digital, Inc., of Mountain View, CA;
• Palit Microsystems Ltd. of Taiwan;
• Pine Technology Holdings, Ltd., of Hong Kong;
• Seagate Technology of Scotts Valley, CA;
• Sparkle Computer Co., Ltd., of Taiwan;
• STMicroelecronics, Inc. of Carrollton, TX;
• STMicroelectronics N.V. of Switzerland;
• Zotac International (MCO) Ltd. of Hong Kong; and
• Zotac USA Inc. of City of Industry, 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.)

¹Section 337 investigations most often involve claims regarding intellectual property rights, including allegations of patent infringement and trademark infringement by imported goods.

(Press release dated 12/29/10, Inv. No. 337-TA-753)