The investigation is based on a complaint filed by Rambus, Inc., of Los Altos, CA, on November 6, 2008. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain semiconductor chips having synchronous dynamic random access memory controllers and products containing same, including graphics cards and motherboards, that infringe patents owned by Rambus. The complainant requests that the ITC issue an exclusion order and a cease and desist order.
The ITC has identified the following as respondents in this investigation:
NVIDIA Corporation, of Santa Clara, CA;
Asustek Computer, Inc., of Taiwan;
ASUS Computer International Inc., of Fremont, CA;
BFG Technologies, Inc., of Lake Forest, IL;
Biostar Microtech (U.S.A.) Corp., of City of Industry, CA;
Biostar Microtech International Corp., of Taiwan;
Diablotek Inc., of Alhambra, CA;
EVGA Corp., of Brea, CA;
G.B.T. Inc., of City of Industry, CA;
Giga-Byte Technology Co., Ltd., of Taiwan;
Hewlett-Packard Co., of Palo Alto, CA;
MSI Computer Corp., of City of Industry, CA;
Micro-Star International Co., Ltd., of Taiwan;
Palit Multimedia Inc., of San Jose, CA;
Palit Microsystems Ltd., of Taiwan;
Pine Technology Holdings, Ltd., of Hong Kong; and
Sparkle Computer Co., Ltd., of Taiwan.
By instituting this investigation (337-TA-661), 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 five 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.