United States:
ITC Considers An Exclusion Order In An Investigation Based On Purported Standard-Essential Patents
21 April 2020
Akin Gump Strauss Hauer & Feld LLP
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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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