ITC Issues Section 337 Exclusion Order on Toshiba Flash-Memory Devices

The International Trade Commission issued a limited exclusion order banning import of Toshiba non-volatile memory devices that infringe patents held by Macronix, said the commission Monday in a Federal Register notice. The ITC opened a Trade Act Section 337 investigation in April 2017 on allegations that Toshiba was manufacturing and importing memory cards, solid-state drives, digital camcorders, car navigation systems and other items that copy Macronix’s patented technologies. The exclusion order applies to infringing merchandise from Toshiba America Electronic Components and Toshiba America Information Systems, said the notice. The ITC also issued cease and desist orders banning import and sale by the three companies. The commission set bond at 100 percent of entered value for Toshiba flash memory devices, solid-state drives, USB flash drives and microcontroller units, and at 6 percent of entered value for Toshiba PCs, multifunction printers and air conditioners, during the 60-day period the Trump administration has to review the exclusion order. Toshiba didn’t comment Monday.