ALJ Gildea Grants Motions To Terminate Investigation In Certain Dynamic Random Access Memory and NAND Flash Memory Devices (337-TA-803)

Posted On: November 14, 2012   by:

On November 7 and 8, 2012, ALJ E. James Gildea issued Order Nos. 70-72 in Certain Dynamic Random Access Memory and NAND Flash Memory Devices and Products Containing Same (Inv. No. 337-TA-803).

In Order No. 70, ALJ Gildea granted a joint motion filed by Intellectual Ventures Management, LLC, Invention Investment Fund I, L.P., Invention Investment Fund II, LLC, Intellectual Ventures I LLC, and Intellectual Ventures II LLC (collectively, “IV”) and Respondents Elpida Memory, Inc. and Elpida Memory (USA) Inc. (collectively, “Elpida”) to terminate the investigation with respect to Elpida on the basis of a license agreement.  According to the Order, subsequent to institution of the investigation, Elpida filed for reorganization in Japan for bankruptcy in the U.S.  Also, Complainants’ licensee, nonparty Micron Technology, Inc. (“Micron”) entered into an agreement to acquire Elpida, pending approval by the relevant bankruptcy courts.  According to the Order, Micron’s acquisition of Elpida will resolve the dispute between IV and Elpida. 

In Order No. 71, ALJ Gildea granted a joint motion filed by IV and Respondents SK Hynix Inc. (f/k/a Hynix Semiconductor Inc.) and Hynix Semiconductor America, Inc. (collectively, “Hynix”) to terminate Hynix from the Investigation based on a license agreement between IV and SK Hynix Inc. 

In Order No. 72, ALJ Gildea granted a joint motion filed by IV and Respondents Acer Inc., Acer America Corp., ADATA Technology Co., Ltd., ADATA Technology (U.S.A.) Co., Ltd., Asustek Computer Inc., Asus Computer International Inc., Dell, Inc., Hewlett-Packard Company, Kingston Technology Co., Inc., Logitech International S.A., Logitech, Inc., Best Buy Co., Inc., and Wal-Mart Stores, Inc. (collectively, the “Respondents”) to terminate the investigation as to the Respondents on the basis that IV and the former manufacturer respondents in this investigation have settled.  According to the Order, because IV has resolved their disputes with the manufacturer respondents, their claims against the remaining Respondents are moot.  Accordingly, ALJ Gildea granted the motion and terminated the investigation in its entirety.

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