On April 24, 2017, ALJ Dee Lord issued Order No. 5 in Certain Non-Volatile Memory Devices and Products Containing Same (Inv. No. 337-TA-1046).

By way of background, this investigation is based on a March 7, 2017 complaint filed by Macronix International Co., Ltd. and Macronix America, Inc. alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain non-volatile memory devices and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,552,360; 6,788,602; and 8,035,417. See our March 10, 2017 and April 6, 2017 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 6, ALJ Lord set August 10, 2018 as the target date for completing the investigation (which is approximately sixteen months after institution of the investigation). In addition, ALJ Lord noted that the Markman hearing will take place on October 4, 2017; the evidentiary hearing will take place on January 22-26, 2018; and the Initial Determination on alleged violation of Section 337 will be issued on April 10, 2018.