Notice2026-04215
Certain Magnetoresistive Random Access Memory (MRAM) Devices, Products Containing Same and Components Thereof; Notice of Institution of Investigation
Primary source
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Published
March 4, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 28, 2026, under section 337 of the Tariff Act of 1930, as amended, on behalf of Avalanche Technology, Inc. of Fremont, California. An amended complaint was filed on February 5, 2026. The amended complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain magnetoresistive random access memory (MRAM) devices, products containing same and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,318,179 ("the '179 patent"); U.S. Patent No. 9,419,210 ("the '210 patent"); U.S. Patent No. 11,678,586 ("the '586 patent"); and U.S. Patent No. 10,490,737 ("the '737 patent"). The amended complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.
Full Text
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<title>Federal Register, Volume 91 Issue 42 (Wednesday, March 4, 2026)</title>
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[Federal Register Volume 91, Number 42 (Wednesday, March 4, 2026)]
[Notices]
[Pages 10623-10624]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04215]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1487]
Certain Magnetoresistive Random Access Memory (MRAM) Devices,
Products Containing Same and Components Thereof; Notice of Institution
of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on January 28, 2026, under section
337 of the Tariff Act of 1930, as amended, on behalf of Avalanche
Technology, Inc. of Fremont, California. An amended complaint was filed
on February 5, 2026. The amended complaint alleges violations of
section 337 based upon the importation into the United States, the sale
for importation, and the sale within the United States after
importation of certain magnetoresistive random access memory (MRAM)
devices, products containing same and components thereof by reason of
the infringement of certain claims of U.S. Patent No. 9,318,179 (``the
'179 patent''); U.S. Patent No. 9,419,210 (``the '210 patent''); U.S.
Patent No. 11,678,586 (``the '586 patent''); and U.S. Patent No.
10,490,737
[[Page 10624]]
(``the '737 patent''). The amended complaint further alleges that an
industry in the United States exists as required by the applicable
Federal Statute.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and a cease and desist order.
ADDRESSES: The amended complaint, except for any confidential
information contained therein, may be viewed on the Commission's
electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing
EDIS, please email <a href="/cdn-cgi/l/email-protection#6f2a2b263c5c270a031f2f1a1c061b0c41080019"><span class="__cf_email__" data-cfemail="397c7d706a0a715c5549794c4a504d5a175e564f">[email protected]</span></a>. Hearing impaired individuals
are advised that information on this matter can be obtained by
contacting the Commission's TDD terminal on (202) 205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
(202) 205-2000. General information concerning the Commission may also
be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Susan Orndoff, The Office of the
Secretary, Docket Services Division, U.S. International Trade
Commission, telephone (202) 205-1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2026).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on February 27, 2026, ordered
that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-4, 6, and 9-14 of the '179 patent; claims 1-4, 6, and 9-14 of
the '210 patent; claims 1, 4-7, and 10-12 of the '586 patent; and
claims 11-15, 17, and 18 of the '737 patent, and whether an industry in
the United States exists as required by subsection (a)(2) of section
337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``memory chips
utilizing Spin Transfer Torque Magnetic Random Access Memory (``STT-
MRAM'') technology including magnetic tunnel junction (MTJ) cells and
products containing these MTJ cells, specifically, STT-MRAM devices,
CMOS wafers, memory modules, embedded MRAM, evaluation boards, and
components thereof, i.e., wafer dies comprising the MTJs of an STT-MRAM
device''
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is: Avalanche Technology, Inc., 3450 West
Warren Avenue, Fremont, CA 94538.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served: Everspin Technologies, Inc., 5670 W Chandler Blvd., Suite
130, Chandler, AZ 85226.
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the amended complaint and the notice of investigation
must be submitted by the named respondent in accordance with section
210.13 of the Commission's Rules of Practice and Procedure, 19 CFR
210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will
be considered by the Commission if received not later than 20 days
after the date of service by the Commission of the amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended complaint and the notice of investigation will
not be granted unless good cause therefor is shown.
Failure of the respondent to file a timely response to each
allegation in the amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended complaint and this notice, and to authorize the
administrative law judge and the Commission, without further notice to
the respondent, to find the facts to be as alleged in the amended
complaint and this notice and to enter an initial determination and a
final determination containing such findings, and may result in the
issuance of an exclusion order or a cease and desist order or both
directed against the respondent.
By order of the Commission.
Issued: February 27, 2026.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2026-04215 Filed 3-3-26; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on March 4, 2026.
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