Certain NAND and DRAM Memory Chips and Products Containing the Same; Notice of Institution of Investigation
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Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 11, 2026, under section 337 of the Tariff Act of 1930, as amended, on behalf of MonolithIC 3D Inc. of Allen, Texas. Supplements to the complaint were filed on May 28, 2026 and June 1, 2026. The complaint, as supplemented, 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 NAND and DRAM memory chips and products containing the same by reason of the infringement of certain claims of U.S. Patent No. 12,250,830 ("the '830 patent"); U.S. Patent No. 12,362,330 ("the '330 patent"); U.S. Patent No. 12,400,961 ("the '961 patent"); U.S. Patent No. 12,464,734 ("the '734 patent"); and U.S. Patent No. 12,564,006 ("the '006 patent"). The complaint further alleges that an industry in the United States exists or is in the process of being established 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 cease and desist orders.
Full Text
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<title>Federal Register, Volume 91 Issue 114 (Monday, June 15, 2026)</title>
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[Federal Register Volume 91, Number 114 (Monday, June 15, 2026)]
[Notices]
[Pages 35999-36000]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11934]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1506]
Certain NAND and DRAM Memory Chips and Products Containing the
Same; 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 May 11, 2026, under section 337
of the Tariff Act of 1930, as amended, on behalf of MonolithIC 3D Inc.
of Allen, Texas. Supplements to the complaint were filed on May 28,
2026 and June 1, 2026. The complaint, as supplemented, 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 NAND and DRAM memory chips and products
containing the same by reason of the infringement of certain claims of
U.S. Patent No. 12,250,830 (``the '830 patent''); U.S. Patent No.
12,362,330 (``the '330 patent''); U.S. Patent No. 12,400,961 (``the
'961 patent''); U.S. Patent No. 12,464,734 (``the '734 patent''); and
U.S. Patent No. 12,564,006 (``the '006 patent''). The complaint further
alleges that an industry in the United States exists or is in the
process of being established 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 cease and desist orders.
ADDRESSES: The 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#397c7d706a0a715c5549794c4a504d5a175e564f"><span class="__cf_email__" data-cfemail="efaaaba6bcdca78a839faf9a9c869b8cc1888099">[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: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
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 (2025).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on June 10, 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, 2, 4, 13, and 14 of the '830 patent; claims 1, 2, 4-9, and
12-14 of the '330 patent; claims 1-20 of the '961 patent; claims 1-3,
6, 7, and 15-20 of the '734 patent; and claims 1, 2, 4, 5, and 7 of the
'006 patent, and whether an industry in the United States exists or is
in the process of being established 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 ``3D NAND memory
chips, HBM DRAM memory chips, and memory products containing the same
such as NAND flash and NAND storage products, SSD products, and DRAM
products'';
(3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties or other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, which shall be limited to the
statutory public interest factors set forth in 19 U.S.C. l337(d)(l),
(f)(1), (g)(1);
(4) 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: MonolithIC 3D Inc., 825 Watter's Creek
Blvd., Building M, Suite 250, Allen, TX 75013.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
KIOXIA Holdings Corporation, 3-1-21, Shibaura, Minato-ku, Tokyo 108-
0023, Japan
KIOXIA Corporation, 3-1-21, Shibaura, Minato-ku, Tokyo 108-0023, Japan
KIOXIA America, Inc., 2160 Gold Street, San Jose, CA 95002
KIOXIA Engineering Corporation, Nagoya Fushimi K Square Building, 6th
Floor, 14-19 Nishiki 2-chome, Naka-ku, Nagoya 460-0003, Japan
KIOXIA Iwate Corporation, 5-29 Kita Kogyo-Danchi, Kitakami-shi, Iwate,
Japan
KIOXIA Systems Co., Ltd., STE Building, 2-5-1 Kasama, Sakae-ku,
Yokohama, Kanagawa Prefecture, 247-8585, Japan
KIOXIA Semiconductor Taiwan Corporation, 3 F-5, No. 168, Sec. 3,
Nanjing Rd., Zhongshan District, Taipei City 104105, Taiwan
SK hynix Inc. 2091 Gyeongchung-daero, Bubal-eup, Icheon, Gyeonggi-do,
Korea
SK hynix America Inc., 3101 N 1st St., San Jose, CA 95134
SK hynix Memory Solutions America Inc., 3103 North First St., San Jose,
CA 95134
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents 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 complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to
[[Page 36000]]
the respondent, to find the facts to be as alleged in the 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: June 10, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-11934 Filed 6-12-26; 8:45 am]
BILLING CODE 7020-02-P
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