On November 21, 2011, Nanya Technology Corporation of Taiwan (“Nanya”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Elpida Memory, Inc. of Japan and Elpida Memory (USA) Inc. of Sunnyvale, California (collectively, “Elpida”) and Kingston Technology Co., Inc. of Fountain Valley, California (“Kingston”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain dynamic random access memory (“DRAM”) devices and products containing same that infringe one or more claims of U.S. Patent Nos. 5,677,566 (the ‘566 patent), 6,399,983 (the ‘983 patent), 6,586,796 (the ‘796 patent), and 6,664,634 (the ‘634 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to improvements in DRAM design and performance. In particular, the ‘566 patent relates to a semiconductor chip package that includes discrete conductive leads in electrical contact with bond pads on a semiconductor chip. The ‘983 patent relates to a semiconductor structure that reduces shorts between adjacent capacitors. The ‘796 patent relates to a more stable DRAM and capacitor that has improved leakage current characteristics. Lastly, the ‘634 patent relates to improved metal wiring patterns for increasingly dense integrated circuit memory devices to improve signal transmission speed and reduce cross-talk among signal traces.
In the complaint, Nanya states that Elpida and Kingston import and sell products that infringe the asserted patents. The complaint specifically names a number of Elpida and Kingston DRAM memory modules as infringing products.
Regarding domestic industry, Nanya states that its DDR3 memory products practice the asserted patents within the U.S. As to the economic prong, Nanya states that its U.S. subsidiary Nanya Technology Corporation Delaware (“Nanya DE”) has made significant investments in plant and equipment and has engaged in significant employment of labor and capital in the U.S. with respect to products that practice the asserted patents. Additionally, Nanya states that a domestic industry exists by virtue of Nanya DE’s substantial investment in the exploitation of the asserted patents through engineering and research and development. Nanya specifically refers to Nanya DE’s facilities in Vermont, Texas, and California. Nanya further states that Nanya and Nanya DE engineers have been assigned to work with engineers at Micron Technology, Inc. (“Micron”) at a Micron facility in Idaho.
With respect to potential remedy, Nanya requests that the Commission issue limited exclusion orders and permanent cease and desist orders directed at Elpida and Kingston.