September 7, 2010
News Release 10-102
Inv. No(s). 337-TA-735
Contact: Peg O'Laughlin, 202-205-1819
USITC Institutes Section 337 Investigation on Certain Flash Memory Chips and Products Containing the Same

The U.S. International Trade Commission (USITC) 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 and products containing flash memory such as smartphones.

The investigation is based on a complaint filed by Spansion LLC of Sunnyvale, CA, on August 6, 2010. Letters supplementing the complaint were filed on August 17 and 20, 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 flash memory chips and products containing the same that infringe patents asserted by Spansion. The complainant requests that the USITC issue an exclusion order and a cease and desist order.

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

  • Samsung Electronics Co., 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;

  • Nokia Corp. of Finland;

  • Nokia Inc. of Irving, TX;

  • PNY Technologies, Inc., of Parsippany, NJ;

  • Research in Motion Ltd. of Canada;

  • Research in Motion Corporation of Irving, TX;

  • Transcend Information Inc. of Taiwan;

  • Transcend Information, Inc. (US) of Orange, CA; and

  • Transcend Information Inc. (Shanghai Factory) of China.

By instituting this investigation (337-TA-735), 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 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.

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