ITC Investigation Instituted: NAND and DRAM Memory Chips Patent Infringement (Section 337)
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The U.S. International Trade Commission (ITC) has instituted an investigation under Section 337 of the Tariff Act of 1930 following a complaint filed by MonolithIC 3D Inc. of Allen, Texas on February 17, 2026, with supplements filed on February 25 and March 16, 2026. The complaint alleges that certain NAND and DRAM memory chips are being imported into and sold within the United States in violation of eight U.S. patents held by MonolithIC 3D. The eight patents at issue cover semiconductor memory chip technology and include U.S. Patent Nos. 12,035,531; 12,125,737; 12,243,765; 11,342,214; 11,476,181; 11,594,473; 11,862,503; and 12,225,737. MonolithIC 3D claims that importation, sale for importation, and domestic sale of these chips infringe specific claims across all eight patents. The complainant also asserts that a domestic industry in the United States exists or is in the process of being established, satisfying the statutory requirement under Section 337. If the ITC finds a violation, it has the authority to issue a limited exclusion order barring the infringing products from entering the U.S. market, as well as cease and desist orders against specific respondents. This investigation could have significant implications for global memory chip suppliers — particularly major NAND and DRAM manufacturers in South Korea, Japan, and China — who export products to the United States, potentially disrupting supply chains for consumer electronics, data centers, and enterprise hardware.
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Key Changes
- ITC investigation formally instituted under Section 337 of the Tariff Act of 1930 as of March 30, 2026
- Complaint covers 8 U.S. patents: Nos. 12,035,531; 12,125,737; 12,243,765; 11,342,214; 11,476,181; 11,594,473; 11,862,503; and 12,225,737
- Complainant MonolithIC 3D Inc. (Allen, TX) filed original complaint on February 17, 2026, with supplements on February 25 and March 16, 2026
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Obligations
What this law requires
NAND and DRAM memory chip importers and sellers must cease importation, sale for importation, and domestic sale of products that infringe claims of U.S. Patent Nos. 12,035,531; 12,125,737; 12,243,765; 11,342,214; 11,476,181; 11,594,473; 11,862,503; and 12,225,737
Respondents named in the ITC investigation must comply with cease and desist orders issued by the ITC upon finding of violation
Importers and sellers of NAND and DRAM memory chips must prevent infringing products from entering the U.S. market in compliance with any limited exclusion order issued by the ITC
Parties subject to the investigation must respond to ITC discovery requests and provide evidence regarding importation, sale, and infringement of the eight identified patents
Suppliers and manufacturers must maintain compliance with any limited exclusion order barring specific infringing memory chip products from U.S. importation