MANHASSET, N.Y. Lexar Media Inc. announced Thursday (May 11) that the U.S. International Trade Commission (ITC) has voted to commence an investigation into whether Toshiba Corp., Toshiba America Inc., and Toshiba America Electronic Components Inc., are infringing three Lexar patents.
The products being investigated include Toshiba's flash chips and flash cards, including among others: Toshiba's 16-gigabit multi-level cell NAND flash chips; Toshiba's 8-gigabit single level cell and multi-level cell NAND flash chips; Toshiba's 4-gigabit multi-level cell NAND flash chips and Toshiba's 1-gigabit single level cell NAND flash chips.
Lexar (Fremont, Calif.) filed a complaint with the ITC on April 11 seeking relief, including a permanent exclusion order to bar the infringing NAND flash chips and cards from being imported into the U.S., as well as products that incorporate Toshiba's infringing chips.
Additionally, Lexar's complaint requests a cease-and-desist order to bar further sales and distribution of infringing products that Toshiba has already imported into the U.S.
The case has been referred to ITC administrative law judge Robert L. Barton, Jr., who will hold an evidentiary hearing and then render an initial determination. Barton is expected to issue this initial determination early to mid-next year. The ITC is then likely to hand down its final determination during the third quarter of 2007.