USITC Investigates Alleged Patent Infringement in NAND and DRAM Memory Chips
The U.S. International Trade Commission (USITC) has initiated a Section 337 investigation concerning certain NAND and DRAM memory chips, following a complaint filed by MonolithIC 3D Inc. Of Allen, Texas, on February 17, 2026.
The investigation, officially designated as 337-TA-1492, will examine whether the importation and sale of these memory chips infringe upon patents held by MonolithIC 3D Inc. The complaint alleges violations of Section 337 of the Tariff Act of 1930.
Respondents Named in the Investigation
The USITC has identified the following companies as respondents in this investigation:
- KIOXIA Holdings Corporation, Tokyo, Japan
- KIOXIA Corporation, Tokyo, Japan
- KIOXIA America, Inc., San Jose, California
- KIOXIA Engineering Corporation, Nagoya, Japan
- KIOXIA Iwate Corporation, Iwate, Japan
- KIOXIA Systems Co., Ltd., Kanagawa Prefecture, Japan
- KIOXIA Semiconductor Taiwan Corporation, Taipei City, Taiwan
- SK hynix Inc., Gyeonggi-Do, Korea
- SK hynix America Inc., San Jose, California
- SK hynix Memory Solutions America Inc., San Jose, California
Section 337 Investigations and Potential Outcomes
Section 337 of the Tariff Act of 1930 provides a mechanism for addressing unfair competition in the import trade. Investigations under this section are often initiated based on allegations of patent infringement, trademark violations, or other intellectual property rights infringements.
If the USITC determines that a violation of Section 337 has occurred, it can issue a number of remedial orders, including:
- Limited Exclusion Orders: Prohibiting the importation of infringing products.
- Cease and Desist Orders: Directing the respondents to stop infringing activities within the United States.
Remedial orders issued by the USITC are effective immediately upon issuance and become final 60 days later, unless vetoed by the U.S. Trade Representative for policy reasons.
Investigation Process
The USITC’s Chief Administrative Law Judge will assign the case to one of its administrative law judges (ALJ). The ALJ will then schedule and conduct an evidentiary hearing to gather evidence and determine whether a violation of Section 337 has occurred. The ALJ’s initial determination is subject to review by the full Commission.
The USITC aims to complete the investigation within 45 days of its institution, at which point a target completion date will be set.
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