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Archived updates for Friday, October 21, 2005

Hynix Hits Toshiba with Unfair Import Complaint

On October 20, 2005, Hynix Semiconductor filed a "Section 337" unfair import complaint at the U.S. International Trade Commission. The complaint requests that an unfair import investigation be instituted involving "NAND Flash Memory Devices." The proposed respondents are Toshiba Corporation, Tokyo, Japan; Toshiba America Electronic, Irvine, CA; Toshiba America Information Systems, Inc., Irvine, CA and Toshiba America Consumer Products, L.L.C., Wayne, NJ. The complaint has been designated as confidential and assigned Docket No. 337-2451 for indexing in the Commission's database.

Such complaints typically include an allegation of intellectual property infringement and a request that the infringing goods be excluded from entry into the United States. The Commission now has 30-35 days from the filing date of the complaints 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, and availability of general exclusion orders affecting non-parties, it is important to notify any potential importers of similar products as soon as possible.

Click here for more information on the importance of monitoring these ITC investigations, and click here for a free audio-visual Internet presentation on "Unfair Import Investigations at the U.S. International Trade Commission."

For the latest details on a particular Section 337 investigation, or to arrange a free, in-person presentation on these (and/or other) intellectual property topics, contact me, Bill Heinze (, at Thomas, Kayden, Horstemeyer & Risley in Atlanta, Georgia.
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