By Eric Schweibenz
On December 21, 2011, the U.S. International Trade Commission voted to institute an investigation of Certain Dynamic Random Access Memory Devices, and Products Containing Same (Inv. No. 337-TA-821).

The investigation is based on a November 21, 2011 complaint filed by Nanya Technology Corporation of Taiwan alleging violation of Section 337 in the importation into the U.S. and sale of certain dynamic random access memory (“DRAM”) devices and products containing same that infringe one or more claims of U.S. Patent Nos. 5,677,566, 6,399,983, 6,586,796, and 6,664,634.  See our November 23, 2011 post for more details.

According to the Notice of Investigation, the ITC has identified Elpida Memory, Inc. of Japan and Elpida Memory (USA) Inc. of Sunnyvale, California and Kingston Technology Co., Inc. of Fountain Valley, California as respondents in this investigation.  The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not participate as a party in this investigation.

Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that Robert K. Rogers, Jr. will be the presiding Administrative Law Judge in this investigation.