The ITC instituted the investigation on April 12, 2017, after receiving a complaint by Marconix International Co. Ltd. of Taiwan and Macronix America Inc. of Milpitas, Calif.
On May 14, Macronix filed a petition for review challenging the finding of an April 27 initial determination that Toshiba didn’t violate Section 337, and the ITC on June 28 decided to review that determination.
Specifically, the limited exclusion order excludes entry for consumption into the United States or from U.S. foreign-trade zones or the withdrawal from a warehouse for consumption of non-volatile memory devices and products containing the same that are manufactured by or on behalf of or are imported by or on behalf of Toshiba or any of their its companies, parents, subsidiaries, agents or other related business entities or successors or assigns.
Further, the cease-and-desist orders prohibit Toshiba from importing, selling, marketing, advertising, distributing, transferring (except for exportation) and soliciting U.S. agents or distributors for the subject non-volatile memory device and products containing the same.
After the ITC determines a violation of Section 337, it must send its final determination to the president, who then has 60 days to determine whether to uphold or disapprove it.
If the president doesn’t specifically disapprove of the ITC’s determination within the 60-day period, the determination automatically becomes final the day after the period concludes.