Certain Dynamic Random Access Memory (DRAM) Devices, Products Containing the Same, and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation

Issuing agencies

Abstract

Notice is hereby given that the U.S. International Trade Commission ("the Commission") has determined not to review an initial determination ("ID") (Order No. 31) issued by the presiding administrative law judge ("ALJ") granting an unopposed motion to terminate the investigation based on settlement. The investigation is terminated.

Full Text

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<title>Federal Register, Volume 91 Issue 195 (Friday, October 9, 2026)</title>
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[Federal Register Volume 91, Number 195 (Friday, October 9, 2026)]
[Notices]
[Page 64678]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20716]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1472]


Certain Dynamic Random Access Memory (DRAM) Devices, Products 
Containing the Same, and Components Thereof; Notice of Commission 
Determination Not To Review an Initial Determination Terminating the 
Investigation Based on Settlement; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``the Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 31) issued by the presiding 
administrative law judge (``ALJ'') granting an unopposed motion to 
terminate the investigation based on settlement. The investigation is 
terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. Copies of non-
confidential documents filed in connection with this investigation 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#c580818c96f68da0a9b585b0b6acb1a6eba2aab3"><span class="__cf_email__" data-cfemail="7530313c26463d1019053500061c01165b121a03">[email&#160;protected]</span></a>. 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>. Hearing-impaired persons are advised that information on 
this matter can be obtained by contacting the Commission's TDD terminal 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on January 2, 2026, based on a complaint filed by Netlist, Inc. 
(``Netlist'' or ``Complainant'') of Irvine, California. 91 FR 155-56 
(Jan. 2, 2026). The complaint, as supplemented, alleges violations of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in 
the importation into the United States, the sale for importation, or 
the sale within the United States after importation of certain dynamic 
random access memory (DRAM) devices, products containing the same, and 
components thereof by reason of infringement of certain claims of U.S. 
Patent Nos. 12,373,366 (``the '366 patent''); 10,025,731 (``the '731 
patent''); 10,268,608 (``the '608 patent''); 10,217,523 (``the '523 
patent''); the '035 patent; and 12,308,087 (``the '087 patent''). Id. 
The complaint further alleges that a domestic industry exists or is in 
the process of being established. Id. The Commission's notice of 
investigation named as respondents: (1) Samsung Electronics Co., Ltd. 
of Suwon, Republic of Korea; Samsung Electronics America, Inc. of 
Plano, Texas; and Samsung Semiconductor, Inc. of Plano, Texas 
(collectively, ``Samsung''); (2) Google LLC (``Google'') of Mountain 
View, California; and (3) Super Micro Computer, Inc. (``SMC'') of San 
Jose, California (collectively, ``Respondents''). Id. The Office of 
Unfair Import Investigations (``OUII'') is also participating in the 
investigation. Id.
    On August 24, 2026, the Commission partially terminated the 
investigation as to all asserted claims of the '035 patent, claims 2 
and 3 of the '608 patent, claims 11 and 15 of the '366 patent, claims 
7-9 and 12-16 of the '731 patent, claims 17 and 18 of the '523 patent, 
and claims 5, 7, 17, 20, 22, and 23 of the '087 patent based on 
withdrawal of the complaint allegations as to those claims. See Order 
No. 29 (July 23, 2026), unreviewed by Comm'n Notice (Aug. 24, 2026).
    On August 18, 2026, Netlist and Samsung (collectively, ``the 
Settling Parties'') filed a joint motion (``Mot.'') to terminate the 
investigation as to all Respondents based on settlement. The motion 
notes that agreements between the Settling parties (``Agreements'') 
``completely resolve the dispute between the Settling Parties in this 
Investigation, as well as between Netlist and any remaining Respondents 
who receive their accused products from the Samsung Respondents.'' Mot. 
at 2. The motion also indicates that Google and SMC do not oppose the 
motion. Id. at 5. On August 27, 2026, OUII filed a response in support 
of the motion.
    On September 4, 2026, the ALJ issued the subject ID (Order No. 31) 
granting the motion to terminate pursuant to Commission Rule 
210.21(b)(1) (19 CFR 210.21(b)(1)). The ID notes that the motion 
includes confidential and public versions of the Agreements as well as 
a statement that ``there are no other agreements, written or oral, 
express or implied, between the Settling Parties concerning the subject 
matter of this Investigation.'' ID at 2-3. The ID also notes that ``the 
public interest favors settlement to avoid unnecessary litigation and 
to conserve public and private resources.'' Id. at 3. The ID concludes 
that the motion complies with Commission Rule 210.21(b)(1). Id. at 4. 
The ALJ also granted the Settling Parties' request to limit service of 
the Agreements. Id.
    No party filed a petition for review of the subject ID.
    The Commission has determined not to review the subject ID (Order 
No. 31). The investigation is terminated.
    The Commission's vote for this determination took place on October 
6, 2026.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: October 6, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-20716 Filed 10-8-26; 8:45 am]
BILLING CODE 7020-02-P


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