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Import Restrictions Considered on Semiconductor Chips with DRAM Circuitry

Tuesday, July 09, 2013
Sandler, Travis & Rosenberg Trade Report

In patent infringement investigation 337-TA-819 of certain semiconductor chips with DRAM circuitry and modules and products containing same, the presiding administrative law judge has issued a final initial determination finding a violation of section 337 based on the infringement of five patents owned by Elpida Memory Inc. and Elpida Memory (USDA) Inc. but no violation with respect to a sixth patent. The ALJ recommended the issuance of a limited exclusion order barring the entry of unlicensed, infringing DRAM semiconductor chips manufactured by Nanya Technology Corporation of Taiwan or Nanya Technology Corporation of California.

The ITC has now determined to review the final ID with respect to the five patents found to have been violated but is terminating the investigation with respect to the other patent. The ITC is also requesting input no later than July 19 on (a) the form of remedy, if any, that should be ordered in this investigation, (b) the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers; and (c) the amount of the bond under which subject articles could enter the U.S. during the 60-day period the president has to approve or disapprove any ITC-ordered remedy.

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