By Eric Schweibenz
On May 1, 2012, the International Trade Commission (the “Commission”) issued a notice determining to rescind the exclusion order and cease and desist orders previously issued in Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controllers and Products Containing Same (Inv. No. 337-TA-661).

By way of background, the Complainant in this investigation is Rambus Inc. (“Rambus”) and the Respondents are NVIDIA Corp. (“NVIDIA”), Asustek Computer Inc., ASUS Computer International, Inc., BFG Technologies, Inc., Biostar Microtech (U.S.A.) Corp., Biostar Microtech International Corp., Diablotek Inc., EVGA Corp., G.B.T. Inc., Giga-byte Technology Co., Ltd., Hewlett-Packard Co., MSI Computer Corp., Micro-star International Co., Ltd., Palit Multimedia Inc., Palit Microsystems Ltd., Pine Technology Holdings, Ltd., and Sparkle Computer Co., Ltd. 

According to the May 1 notice, the Commission previously found a violation of Section 337 in this investigation by reason of infringement of certain patents, and on July 26, 2010, issued a limited exclusion order and cease and desist orders.  The parties appealed the Commission determination to the Federal Circuit and ultimately settled their dispute.  On February 10, 2012, Rambus and NVIDIA jointly moved to rescind the Commission’s remedial orders on the basis of settlement.  In addition, on April 3, 2012, the Federal Circuit dismissed the last-remaining appeal of the Commission determination in an order and remanded the appeal “to the ITC with instructions to vacate the exclusion orders at issue in this appeal.”

Accordingly, the Commission “determined to rescind the exclusion order and cease and desist orders.”