The International Trade Commission seeks comment by July 15...
The International Trade Commission seeks comment by July 15 on public interest factors raised by Macronix’s latest Section 337 Tariff Act patent complaint on imports of non-volatile memory from Spansion, said an ITC notice in Monday’s Federal Register (http://1.usa.gov/1oel92j). Macronix’s…
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June 27 complaint alleged Spansion makes flash memory and microcontrollers that infringe Macronix’s patents, which are then included in automotive components, infotainment systems and network equipment imported by Aerohive, Allied Telesis, Ciena, Delphi, Polycom, Ruckus, ShoreTel, Tellabs and Tivo. Macronix sought a general exclusion order banning imports of all flash memory that infringes its patents. The ITC has been doing three other investigations related to the Macronix-Spansion patent dispute, with the latest one beginning in early June based on a Spansion request. Spansion isn’t “concerned with this latest attempt by Macronix to bring another meritless allegation against” it, emailed a Spansion spokeswoman. “All four patents asserted in this case were previously asserted in the Eastern District of Virginia” case, which Spansion successfully transferred to the Northern District of California, she said. “We remain confident Macronix will not prevail. Spansion has strong invalidity and non-infringement arguments against these patents. Most importantly, Spansion believes Macronix will not meet its legal burden of proving domestic industry, a pre-requisite for bringing a case before the ITC. Macronix has an insufficient presence in the United States to prove domestic industry."