The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain flash memory devices and components thereof. The products at issue in the investigation are SD cards and microSD cards for use in cameras and other electronic devices.
The investigation is based on a complaint filed by Memory Technologies, LLC, of Las Vegas, NV, on December 6, 2016, which was amended on December 12, 2016 and supplemented on December 27, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain flash memory devices and components thereof that allegedly infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and a cease and desist orders.
The USITC has identified the following as respondents in this investigation:
SanDisk LLC of Milpitas, CA;
Western Digital Corporation of Irvine, CA;
Western Digital Technologies, Inc., of Milpitas, CA;
SanDisk Limited of Yokohama, Japan;
SanDisk Storage Malaysia Sdn. Bhd. of Penang, Malaysia; and
SanDisk SemiConductor (Shanghai) Co., Ltd., of Shanghai, China.
By instituting this investigation (337-TA-1034), 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 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.