ITC Investigates Rambus’ SDRAM Infringement Complaint

Mountain View, California–Oct. 10, 2000–The U.S. International Trade Commission (ITC) is investigating claims by Rambus Inc. that Korea-based Hyundai Electronics Co. Ltd. and San Jose, California-based Hyundai Electronics America are violating Section 337 of the Tariff Act of 1930 by importing into the U.S. certain synchronous dynamic random access memory (SDRAM) devices, modules, and products that infringe U.S. patents owned by Rambus.

Rambus, of Mountainview, California, is suing Hyundai for alleged willful patent infringement, and is seeking injunctions to halt the manufacture, sale, and use of Hyundai SDRAM and DDR SDRAM memory devices that infringe Rambus’ intellectual property that is protected by U.S. patents. In its complaint, Rambus has requested that the ITC issue a permanent exclusion order and a permanent cease-and-desist order.

By instituting the investigation (337-TA-437), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Sidney Harris, an ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Harris will make an initial determination as to whether there is a violation of Section 337. The initial determination is subject to review by the Commission.

The ITC will make a final determination in the investigation. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in Section 337 cases are effective when issued and become final 60 days after issuance–unless disapproved for policy reasons by the President of the U.S. within that 60-day period.

Cases filed by Rambus against Hyundai already are pending in Germany, France, and the U.K.–with hearings scheduled to begin no later than February 2001.

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