The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain non-volatile memory devices and products containing same. The products at issue in the investigation are flash memory devices and products containing same such as memory cards, solid-state drives, digital camcorders, car navigation systems, and other consumer electronics.
The investigation is based on a complaint filed by Macronix International Co., Ltd., of Hsin-chu, Taiwan, and Macronix America, Inc., of Milpitas, CA, on March 7, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain non-volatile memory devices and products containing same that allegedly infringe patents asserted by the complainants. The complainants request that the USITC issue a limited exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Toshiba Corporation of Tokyo, Japan;
Toshiba America, Inc., of New York, NY;
Toshiba America Electronic Components, Inc., of Irvine, CA;
Toshiba America Information Systems, Inc., of Irvine, CA;
Toshiba Information Equipment (Philippines), Inc., of Binan, Laguna, Philippines.
By instituting this investigation (337-TA-1046), 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.