January 29, 2014
News Release 14-012
Inv. No. 337-TA-909
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
OF CERTAIN NON-VOLATILE MEMORY DEVICES
AND PRODUCTS CONTAINING SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain non-volatile memory devices and products containing same. The products at issue in this investigation are non-volatile memory chips used in products such as automotive components, "infotainment" systems, access points, wireless local area network controllers, and network gateway systems.
The investigation is based on a complaint filed by Macronix International Co., Ltd., of Hsin-chu, Taiwan, and Macronix America, Inc., of Milpitas, CA, on December 27, 2013. A revised complaint was filed on December 31, 2013. The revised complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain non-volatile memory devices and products containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Spansion Inc. of Sunnyvale, CA;
Spansion LLC of Sunnyvale, CA;
Spansion (Thailand) Ltd. of Pakkred, Nonthaburi, Thailand;
Beats Electronics LLC of Santa Monica, CA;
Delphi Automotive PLC of Gillingham, Kent, United Kingdom;
Delphi Automotive Systems, LLC, of Troy, MI;
Harman International Industries, Inc., of Stamford, CT;
Harman Becker Automotive Systems, Inc., of Farmington Hills, MI;
Harman Becker Automotive Systems GmbH of Karlsbad, Germany;
Ruckus Wireless, Inc., of Sunnyvale, CA; and
Tellabs, Inc., of Naperville, IL.
By instituting this investigation (337-TA-909), 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 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.