ITC Considers an Exclusion Order in an Investigation Based on Purported Standard-Essential Patents

Apr 10, 2020

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On April 7, 2020, the International Trade Commission (ITC) overturned certain findings in the Final ID and reversed the Final ID’s finding of a violation of Section 337 by several SK hynix entities (the “Respondents”) with respect to one of two patents asserted by the Complainant, Netlist, Inc. The ITC determined: (1) the Respondents’ accused products did not infringe either of the asserted patents, (2) Netlist failed to provide sufficient evidence that its products satisfied the technical prong of the domestic industry requirement, and (3) the asserted patents were not essential to the JEDEC technical standard. To read the full alert, please click here.

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