On October 3, 2016, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Memory Modules and Components Thereof, and Products Containing Same (Inv. No. 337-TA-1023).

By way of background, this investigation is based on a September 1, 2016 complaint filed by Netlist, Inc. of Irvine, California 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 memory modules and components thereof, and products containing same, that infringe one or more claims of U.S. Patent Nos. 8,756,364; 8,516,185; 8,001,434; 8,359,501; 8,689,064; and 8,489,837. See our September 6, 2016 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified SK Hynix Inc. of South Korea, SK Hynix America Inc. of San Jose, California, and SK Hynix Memory Solutions Inc. of San Jose, California as the respondents.

Lastly, Chief ALJ Bullock issued a notice indicating that Theodore R. Essex will be the presiding Administrative Law Judge in this matter.