ITC investigation of non-volatile memory devices 

January 29:  The U.S. International Trade Commission (ITC) today announced that it will launch a section 337 investigation of certain non-volatile memory devices and products containing same.

According to the ITC release, the products in this investigation are non-volatile memory chips used in products such as automotive components, "infotainment" systems, access points, wireless local area network controllers, and network gateway systems.


The investigation is based on initial and revised complaints filed in December 2013 that alleged violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain non-volatile memory devices and products containing same that infringe certain patents. The complaint requested the ITC issue a general exclusion order and a cease and desist order.

What’s next?

With this investigation, the ITC next will assign the case to an administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the ITC.


The ITC will make a final determination in the investigation at the earliest practicable time (a target date for completing the investigation will be established).



For more information, contact a professional with KPMG’s Trade & Customs practice:


Douglas Zuvich

(312) 665-1022


Andrew Siciliano

(631) 425-6057


John L. McLoughlin

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Todd R. Smith

(949) 885-5617


Luis A. Abad

(212) 954-3094


Amie Ahanchian

(202) 533-3247


Or your local KPMG Trade & Customs professional.




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