On September 18, 2017, Mr. Wen T. Lin of Taiwan (“Lin”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that SK Hynix of South Korea and SK Hynix America Inc. of San Jose, California (collectively, “SK Hynix”) 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 No. 7,817,459 (the ’459 patent).

According to the complaint, the ’459 patent generally relates to improvements in DRAM design and performance. In particular, the ’459 patent relates to new circuits that operate depletion-mode metal-oxide-semiconductor field-effect transistors (MOSFETs) as digital logic switches. The ’459 patent further relates to configuring a depletion-mode MOSFET as a three-dimensional transistor memory cell.

In the complaint, Lin states that SK Hynix imports and sells products that infringe the ’459 patent. The complaint specifically refers to SK Hynix DRAM devices as infringing products.

Regarding domestic industry, Lin states that he has made significant investments in equipment, cost, and labor associated with, among other things, relevant research, development, engineering, and testing in the U.S., and that he has filed eighteen patent applications to establish a portfolio of three U.S. patents.

With respect to potential remedy, Lin requests that the Commission issue limited exclusion orders and permanent cease and desist orders directed at SK Hynix.