USITC Institutes Section 337 Investigation of SSDs

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain solid state storage drives, stacked electronic components, and products containing same.

The products at issue in the investigation are various types of memory devices, including solid state storage drives and DRAM/processor devices and products such as laptops and mobile devices containing these memory devices.

The investigation is based on a complaint filed by BiTMicro, LLC, Reston, VA, on December 21, 2017. An amended complaint was filed on January 9, 2018. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain solid state storage drives, stacked electronic components, and products containing same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

USITC has identified following as respondents in this investigation:

• Samsung Electronics Co., Ltd., Suwon, Gyeonggi-do, Republic of Korea;

• Samsung Semiconductor, Inc., San Jose, CA;

• Samsung Electronics America, Inc., Ridgefield Park, NJ;

• SK Hynix Inc., Gyeonggi-do, Republic of Korea;

• SK Hynix America Inc., San Jose, CA;

• Dell Inc., Round Rock, TX;

• Dell Technologies Inc., Round Rock, TX;

• Lenovo Group Ltd., Beijing, China;

• Lenovo (United States) Inc., Morrisville, NC;

• HP Inc., Palo Alto, CA;

• Hewlett Packard Enterprise Co., Palo Alto, CA;

• ASUSTeK Computer Inc., Taipei, Taiwan;

• ASUS Computer International, Fremont, CA;

• Acer Inc., New Taipei City, Taiwan;

• Acer America Corp., San Jose, CA;

• VAIO Corporation, Azumino, Japan; and

• Transcosmos America Inc., Gardena, CA.

By instituting this investigation (337-TA-1097), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.