On February 19, 2010, Infineon Technologies AG of Germany and Infineon Technologies North America Corp. of Milpitas, California (collectively, “Infineon”) filed a complaint requesting that the ITC commence an investigation pursuant to section 337.

The complaint alleges that the following proposed respondents (collectively, “Respondents”) unlawfully import into the U.S., sell for importation, and sell within the U.S. after importation certain dynamic random access memory semiconductors (“DRAMs”) and downstream goods containing the same, which allegedly infringe Infineon’s U.S. Patent Nos. 5,480,051, 5,422,309, 5,397,664, and 7,071,074 (“the asserted patents”):

  • Elpida Memory Inc. of Japan

  • Elpida Memory (USA) Inc. of Sunnyvale, California

  • Rexchip Electronics Corp. of Taiwan

  • Kingston Technology Co. Inc. of Fountain Valley, California

  • Kingston Technology (Shanghai) Co. Ltd. of China

  • Kingston Technology Far East Co. Ltd. of Taiwan

  • Kingston Technology Far East (M) Sdn. Bhd. of Malaysia

  • Payton Technology Corp. of Fountain Valley, California

  • A-Data Technology Co. Ltd. of Taiwan

  • A-Data Technology (USA) Co. Ltd. of Hacienda Heights, California

  • Apacer Technology Inc. of Taiwan

  • Apacer Memory America Inc. of Milpitas, California

  • Buffalo Inc. of Japan

  • Buffalo Technology (USA), Inc. of Austin, Texas

  • Corsair Memory of Fremont, California

  • Corsair Memory (Taiwan) of Taiwan

  • Mushkin Inc. of Englewood, Colorado

  • Mushkin APAC of Malaysia

  • Transcend Information Inc. of Taiwan

  • Transcend USA of Orange, California

According to the complaint, the asserted patents relate to semiconductor memory chips. In particular, the inventions relate to methods for anisotropically etching aluminum layers during the fabrication of integrated circuits, producing a metallization level having contacts and interconnects that connect the contacts, manufacturing a phase mask for projection lithography, and placing, sizing, and shaping dummy structures within integrated circuits.

In the complaint, Infineon alleges that Elpida Memory Inc., Elpida Memory (USA) Inc., and Rexchip Electronics Corp. (collectively, “Elpida”) manufacture, import, sell for importation, and sell after importation into the U.S. certain DRAM modules that infringe the asserted patents, and that all Respondents manufacture, import, sell for importation, and sell after importation into the U.S. downstream goods containing Elpida DRAM modules that infringe the asserted patents.

Regarding domestic industry, Infineon states that it has made significant investments in plant, equipment, labor, and capital in the U.S. with respect to Infineon products protected by the asserted patents.  In particular, Infineon points to its large manufacturing facilities in California, Michigan, and Pennsylvania.  Additionally, Infineon states that it has made substantial investments in the exploitation of the asserted patents in the U.S. through research and development, engineering, licensing, product development, testing, and quality control, particularly pointing to its strategic alliances with third party U.S. technology companies and its substantial investments in research and development activities in upstate New York.

Regarding potential remedy, Infineon requests that the Commission issue a general exclusion order, a limited exclusion order “specifically directed to each named Respondent and its subsidiaries and affiliates,” and a cease-and-desist order prohibiting the sale and distribution within the U.S. of Elpida DRAMs and all downstream goods containing the same that infringe the asserted patents.