On April 6, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of 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. of Taiwan and Macronix America, Inc. of Milpitas, 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 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 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified Toshiba Corp. of Japan, Toshiba America, Inc. of New York, New York, Toshiba America Electronic Components, Inc. of Irvine, California, Toshiba America Information Systems, Inc. of Irvine, California, and Toshiba Information Equipment (Philippines), Inc. of the Philippines as the respondents in this matter.

Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that Dee Lord will be the presiding Administrative Law Judge in this matter.