ITC investigates NAND/DRAM chip patent infringement claims
MonolithIC 3D Inc. filed a Section 337 complaint with the U.S. International Trade Commission on May 11, 2026, alleging that imported NAND and DRAM memory chips and products containing them infringe five U.S. patents (Nos. 12,250,830; 12,362,330; 12,400,961; 12,464,734; and 12,564,006). The ITC has instituted an investigation. If the allegations are upheld, the Commission could issue a limited exclusion order blocking imports of infringing products and cease-and-desist orders against U.S. sellers.
Photo: Athena Sandrini / Pexels# ITC Launches Patent Investigation into Memory Chip Imports
The U.S. International Trade Commission has opened a Section 337 investigation following a complaint filed May 11, 2026, by MonolithIC 3D Inc., an Allen, Texas-based company, alleging that imported NAND and DRAM memory chips and products containing these components violate U.S. patent rights.
The Complaint and Patents at Issue
MonolithIC 3D's complaint, supplemented on May 28 and June 1, 2026, names five U.S. patents:
- U.S. Patent No. 12,250,830
- U.S. Patent No. 12,362,330
- U.S. Patent No. 12,400,961
- U.S. Patent No. 12,464,734
- U.S. Patent No. 12,564,006
The company alleges that certain claims of these patents are infringed by imports into the United States, as well as by sales for importation and domestic sales after importation of the targeted chips and products containing them.
Scope of the Investigation
Section 337 investigations are conducted by the ITC to determine whether imported goods infringe U.S. intellectual property rights. The statute permits the Commission, upon finding a violation, to issue a limited exclusion order (blocking imports of the infringing articles) and cease-and-desist orders (prohibiting U.S. importers and sellers from handling the infringing goods). MonolithIC 3D has requested both remedies.
The complainant also asserts that an industry in the United States exists or is in the process of being established, satisfying the domestic-industry requirement under Section 337.
Affected Products
The investigation covers NAND and DRAM memory chips—both the chips themselves and any products incorporating them. NAND flash memory (HS Chapter 84, integrated circuits) and DRAM (dynamic random-access memory, also Chapter 84) are widely used in consumer electronics, data-center equipment, mobile devices, and industrial controls.
Any company importing finished memory chips, semiconductor wafers, or end-use products (such as computers, storage devices, or telecommunications equipment) containing these chips should monitor this investigation closely, as a negative determination could restrict supply chains or force sourcing changes.
What this means for shippers
Memory chip importers and electronics suppliers must track this Section 337 investigation; a Commission finding of infringement could result in exclusion orders that block affected imports without warning. Request your suppliers confirm non-infringement or immunity under the named patents immediately. If you import NAND or DRAM chips or devices containing them, review your sourcing now and prepare for potential supply-chain disruption. Monitor the ITC docket (likely available on the Commission's website) for settlement discussions or final determination timelines. Failure to pivot sourcing before an exclusion order takes effect could halt shipments and create costly inventory exposure.
