The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain flash memory devices and components thereof, and products containing such devices and components. The products at issue in this investigation are semiconductor memory chips that are used in electronic devices such as digital cameras, portable music players, and cell phones.

The investigation is based on a complaint filed by Toshiba Corporation of Tokyo, Japan, on September 29, 2005, alleging violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain flash memory devices and components thereof, and products containing such devices and components, that infringe patents owned by Toshiba. The complainant requests that the ITC issue a permanent exclusion order and permanent cease and desist orders.

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

Hynix Semiconductor, Inc, of Korea; and
Hynix Semiconductor America, Inc., of San Jose, CA.

By instituting this investigation (337-TA-552), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Paul J. Luckern, ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Luckern 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.