July 22, 2011
News Release 11-090
Inv. No. 337-TA-792
Contact: Peg O'Laughlin, 202-205-1819

USITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN STATIC RANDOM ACCESS MEMORIES AND PRODUCTS CONTAINING THE SAME

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain static random access memories and products containing the same. The products at issue in this investigation are static random access memories and products such a telecommunications and networking equipment incorporating such memories.

The investigation is based on a complaint filed by Cypress Semiconductor Corporation of San Jose, CA. Cypress filed a complaint on June 10, 2011 and an amended complaint on June 27, 2011. Cypress then asked the Commission to postpone its decision whether to institute an investigation until after a second amended complaint was filed. This investigation is based on the second amended complaint, which was filed on July 13, 2011. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain static random access memories and products containing the same that infringe patents asserted by Cypress. The complainant requests that the USITC issue an exclusion order and cease and desist orders.

The USITC has identified the following as respondents in this investigation:

By instituting this investigation (337-TA-792), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's five administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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.

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