Business & Commerce

ITC Investigation Instituted: NAND and DRAM Memory Chips Patent Infringement (Section 337)

🇺🇸United States··Notice·High Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

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.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

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

high

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

NAND and DRAM memory chip manufacturers and importers, particularly those from South Korea, Japan, and China exporting to the United States
prohibition
high

Respondents named in the ITC investigation must comply with cease and desist orders issued by the ITC upon finding of violation

Named respondents in ITC Section 337 investigation
operational
high

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

U.S. Customs and Border Protection, importers, and distributors of NAND and DRAM memory chips
prohibition
high

Parties subject to the investigation must respond to ITC discovery requests and provide evidence regarding importation, sale, and infringement of the eight identified patents

Respondents in the ITC investigation and their representatives
disclosure
high

Suppliers and manufacturers must maintain compliance with any limited exclusion order barring specific infringing memory chip products from U.S. importation

Global NAND and DRAM memory chip manufacturers and U.S. importers
operational

Affected Parties

NAND and DRAM memory chip manufacturers (global, esp. Samsung, SK Hynix, Micron, Kioxia, Western Digital)U.S. importers and distributors of NAND/DRAM memory chips+4 more…

Tags

NAND memory,DRAM chips,Section 337