Federal Register #Investigation No. 337-TA-1492

USITC Investigation into Patent Infringement of NAND and DRAM Memory Chips

The U.S. International Trade Commission (USITC) has initiated an investigation into alleged violations of section 337 of the Tariff Act of 1930 concerning the importation and sale of certain NAND and DRAM memory chips. - Government Buyer: - U.S. International Trade Commission (USITC) - Office of Unfair Import Investigations - Complainant: - MonolithIC 3D Inc. (Allen, Texas) - OEMs and Vendors Named: - KIOXIA Holdings Corporation and affiliates (Japan, U.S., Taiwan) - SK hynix Inc. and affiliates (South Korea, U.S.) - Products Under Investigation: - 3D NAND memory chips - High Bandwidth Memory (HBM) DRAM chips - Alleged infringement of U.S. patents: 12,035,531; 12,125,737; 12,243,765; 11,342,214; 11,476,181; 11,594,473; 11,862,503; 12,225,737 - Unique/Notable Requirements: - Focus on intellectual property (patent) infringement related to advanced memory chip technologies - Potential for exclusion and cease and desist orders against named OEMs if violations are found - The Office of Unfair Import Investigations is actively participating - Key Locations: - USITC headquarters (Washington, DC) - MonolithIC 3D Inc. (Allen, TX) - KIOXIA and SK hynix offices (Japan, South Korea, U.S.)

Description

The U.S. International Trade Commission has instituted an investigation based on a complaint filed by MonolithIC 3D Inc. alleging violations of section 337 of the Tariff Act of 1930. The complaint concerns the importation, sale for importation, and sale within the U.S. of certain NAND and DRAM memory chips that allegedly infringe multiple U.S. patents. The investigation will determine if there is a violation and whether an industry exists or is being established in the U.S. The Commission may issue exclusion and cease and desist orders following the investigation.

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