SanDisk Request Unfair Import Investigation Against STMicroelectronics

On October 15, 2004, SanDisk Corporation of Sunnyvale, California filed a "Section 337" complaint at the U.S. International Trade Commission. The complaint requests an unfair import investigation involving "NAND Flash Memory Circuits and Products Containing Same." The proposed respondents are: STMicroelectronics N.V., Geneva, Switzerland and STMicroelectronics, Inc., Carrollton, Texas. The complaint has been assigned Docket No. 337-2397 for indexing in the Commission's database.

According to an October 18, 2004 press release from Business Wire, SanDisk has initiated paralell infringement proceedings. The complaint with the ITC seeks an investigation as to whether NAND flash memory chips manufactured by STMicroelectronics and its subsidiaries and sold in the United States infringe SanDisk's United States Patent No. 5,172,338 and requests that ST's NAND flash memory chips be barred from sale in the United States. The parallel action in the United States District Court for the Northern District of California involves the same patent and also seeks an order declaring that SanDisk's products do not infringe fourteen patents assigned to STMicroelectronics and/or that those patents are invalid.

The ITC complaint has been designated as confidential and assigned Docket No. 337-2397 for indexing in the Commission's database. The Commission now has 30-35 days from the dates indicated above in which to decide whether to institute the investigation. Upon institution, the proposed respondent will be served with the Complaint via postal mail and an Administrative Law Judge will schedule discovery, conduct a trial, and issue a written initial determination, usually within about 10 months. Due to the expedited nature of these proceedings, it is important to notify any interested parties as soon as possible.

Click here for more information "On the Importance of Monitoring the ITC," and here for a recorded web seminar on "General Information about Section 337 Investigations." Get more "News and information for intellectual property practitioners" from the free "I/P Updates" news service at http://ip-updates.blogspot.com/, courtesy of William F. Heinze (bill.heinze@tkhr.com) at Thomas, Kayden, Horstemeyer & Risley LLP in Atlanta, Georgia USA.