December 15, 2008
News Release 08-123
Inv. No. 337-TA-664
Contact: Peg O'Laughlin, 202-205-1819

ITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN FLASH MEMORY CHIPS AND PRODUCTS CONTAINING THE SAME

The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain flash memory chips and products containing the same. The products at issue in this investigation are flash memory chips used in USB drives, digital cameras, phones, music players, and computers.

The investigation is based on a complaint filed by Spansion, Inc., and Spansion LLC of Sunnyvale, CA, on November 17, 2008. The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, in the importation into the United States and sale of certain flash memory chips and products containing the same that allegedly infringe patents owned by Spansion. The complainants request that the ITC issue an exclusion order and cease and desist orders.

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

Samsung Electronics Company, Ltd. of South Korea;
Samsung Electronics America, Inc. of Ridgefield Park, NJ;
Samsung International, Inc. of San Diego, CA;
Samsung Semiconductor, Inc. of San Jose, CA;
Samsung Telecommunications America, LLC of Richardson, TX;
Apple, Inc. of Cupertino, CA;
Hon Hai Precision Industry Co., Ltd. of Taiwan;
AsusTek Computer Inc. of Taiwan;
Asus Computer International Inc. of Fremont, CA;
Kingston Technology Company, Inc. of Fountain Valley, CA;
Kingston Technology (Shanghai) Co. Ltd. of China;
Kingston Technology Far East Co. of Taiwan;
Kingston Technology Far East (Malaysia) of Malaysia;
Lenovo Group Ltd. of Hong Kong;
Lenovo (United States) Inc. of Morrisville, NC;
Lenovo (Beijing) Limited of China;
International Information Products (Shenzhen) Co., Ltd. of China;
Lenovo Information Products (Shenzhen) Co., Ltd. of China;
Lenovo (Huiyang) Electronic Industrial Co., Ltd. of China;
Shanghai Lenovo Electronic Co., Ltd. of China;
PNY Technologies, Inc. of Parsippany, NJ;
Research in Motion Ltd. of Canada;
Research in Motion Corporation of Irving, TX;
Sony Corporation of Japan;
Sony Corporation of America of New York, NY;
Sony Ericsson Mobile Communications AB of Sweden;
Sony Ericsson Mobile Communications (USA), Inc. of Research Triangle Park, NC;
Beijing SE Putian Mobile Communication Co., Ltd. of China;
Transcend Information Inc. of Taiwan;
Transcend Information, Inc. (US) of Orange, CA;
Transcend Information Inc. (Shanghai Factory) of China;
Verbatim Americas LLC of Charlotte, NC; and
Verbatim Corporation of Charlotte, NC.

By instituting this investigation (337-TA-664), the ITC has not yet made any decision on the merits of the case. The ITC's Chief Administrative Law Judge will assign the case to one of the ITC'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 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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