November 18, 2005
News Release 05-138
Inv. No. 337-TA-553
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN NAND FLASH MEMORY DEVICES AND PRODUCTS CONTAINING SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain NAND flash memory devices and products containing same. The products at issue in this investigation are semiconductor memory devices that are used in electronic devices such as LCD displays, wireless components, laptop computers, and high-definition televisions, and other consumer electronics.

The investigation is based on a complaint filed by Hynix Semiconductor Inc. of Korea, Hynix Semiconductor America Inc. of San Jose, California, and Hynix Semiconductor Manufacturing America Inc., of Eugene, Oregon, on October 20, 2005. A supplement was filed on November 8, 2005. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain NAND flash memory devices and products containing same that infringe patents owned by the complainants. The complainants request that the ITC issue a permanent exclusion order and permanent cease and desist orders.

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

By instituting this investigation (337-TA-553), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Sidney Harris, ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Harris 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 ITC will make a final determination in the investigation at the earliest practicable time. 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.

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