By Eric Schweibenz
On March 23, 2010, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Dynamic Random Access Memory Semiconductors and Products Containing Same, Including Memory Modules (Inv. No. 337-TA-707).

The investigation is based on a February 19, 2010 complaint and March 12, 2010 amendment to the complaint filed by Infineon Technologies AG of Germany and Infineon Technologies North America Corp. of Milpitas, California alleging violation of Section 337 in the importation into the U.S. and sale of 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.  See our February 22, 2010 post for more details.

According to the Notice of Investigation, the Commission has identified the following as proposed respondents:

  • 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

Further, Juan S. Cockburn of the Office of Unfair Import Investigations is identified on the Notice of Investigation as the Investigative Attorney assigned to handle this investigation.

Lastly, Chief ALJ Paul J. Luckern issued a notice indicating that ALJ Theodore R. Essex will be the presiding Administrative Law Judge in this investigation.