August 31, 2011
News Release 11-112
Inv. No. 337-TA-803
Contact: Peg O'Laughlin, 202-205-1819

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain dynamic random access memory and NAND flash memory devices and products containing same. The products at issue in this investigation are DRAM and NAND flash memories used in devices such as personal computers, laptops, servers, USB flash drives, memory cards, solid state drives, MP3 players, mobile phones, digital cameras, and tablets.

The investigation is based on a complaint filed by Intellectual Ventures Management LLC; Invention Investment Fund I, L.P.; Invention Investment Fund II, LLC; Intellectual Ventures I LLC; and Intellectual Ventures II LLC, of Bellevue, WA, on July 12, 2011. An amended complaint was filed on August 12, 2011. The complaint, as amended, 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 and NAND flash memory devices and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.

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

Hynix Semiconductor Inc. of South Korea;
Hynix Semiconductor America, Inc., of San Jose, CA;
Elpida Memory, Inc., of Japan;
Elpida Memory (USA) Inc. of Sunnyvale, CA;
Acer Inc. of Taiwan;
Acer America Corp. of San Jose, CA;
ADATA Technology Co., Ltd., of Taiwan;
ADATA Technology (USA) Co., Ltd., of Hacienda Heights, CA;
Asustek Computer Inc. of Taiwan;
Asus Computer International Inc. of Fremont, CA;
Dell, Inc., of Round Rock, TX;
Hewlett-Packard Company of Palo Alto, CA;
Kingston Technology Co., Inc., of Fountain Valley, CA;
Logitech International S.A. of Switzerland;
Logitech, Inc., of Fremont, CA;
Pantech Co., Ltd., of South Korea;
Pantech Wireless, Inc., of Atlanta, GA;
Best Buy Co., Inc., of Richfield, MN;
Walmart Stores, Inc., of Bentonville, AR;
Nanya Technology Corporation of Taiwan; and
Nanya Technology Corporation, USA, of Santa Clara, CA.

By instituting this investigation (337-TA-803), the USITC has not yet made any decision on the merits of the case. The USITC's Acting Chief Administrative Law Judge will assign the case to one of the USITC's four 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.