The investigation is based on a complaint filed by Infineon Technologies on February 19, 2010. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain dynamic random access memory semiconductors and products containing the same, including memory modules, that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Elpida Memory Inc. of Japan;
Elpida Memory (USA) Inc. of Sunnyvale, CA;
Rexchip Electronics Corporation of Taiwan;
Kingston Technology Company Inc. of Fountain Valley, CA;
Kingston Technology Shanghai Co. Ltd. of China;
Kingston Technology Far East Co. Ltd. of Taiwan;
Kingston Technology Far East (M) Sdn. Bhd. of Malaysia;
Payton Technology Corp. of Fountain Valley, CA;
A-Data Technology Co. Ltd. of Taiwan;
A-Data Technology (USA) Co. Ltd. of Hacienda Heights, CA;
Apacer Technology Inc. of Taiwan;
Apacer Memory America Inc. of Milpitas, CA;
Buffalo Inc. of Japan;
Buffalo Technology (USA), Inc., of Austin, TX;
Corsair Memory of Fremont, CA;
Corsair Memory (Taiwan) of Taiwan;
Mushkin Inc. of Englewood, CO;
Mushkin APAC of Malaysia;
Transcend Information Inc. of Taiwan; and
Transcend USA of Orange, CA.
By instituting this investigation (337-TA-707), 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 six 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 said that it would 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.