2026-07-17 Commercial Times, Page A10
[Chen Ying-peng, with compiled foreign reports]
The legal battle over the memory chip industry in the United States continues to heat up. On the 15th, the U.S. International Trade Commission (USITC) announced that, under Section 337 of the Tariff Act of 1930, it has launched a patent infringement investigation into certain DRAM devices and products and components containing such devices. Seven major tech companies, including Samsung Electronics, Google, Nvidia, Broadcom and Super Micro, have been named as respondents.
In a related development, South Korean prosecutors have also stepped up their probe into the semiconductor supply chain, raiding the Korean offices of three international chip suppliers to investigate whether they colluded on product prices in dealings with customers such as Samsung Electronics and SK Hynix. The move underscores the dual regulatory pressure facing the global semiconductor industry, from both patent and antitrust enforcement.
The Section 337 investigation stems from a complaint filed in June by U.S. technology company Netlist, which alleged that certain DRAM devices and related products imported into and sold in the United States infringed its patents. Netlist has asked the USITC to issue limited exclusion orders and cease-and-desist orders to restrict the import and sale of the relevant products.
According to the USITC announcement, the respondents in the case include Samsung Electronics and its U.S. subsidiaries Samsung Electronics America and Samsung Semiconductor, as well as Google, Super Micro, Nvidia and Broadcom. The case spans key supply chains involving AI servers, GPUs, cloud computing and memory chips. The USITC stressed that “instituting an investigation does not indicate that the Commission has made any decision on the merits of the case.” The matter will be assigned to an administrative law judge, who will hold hearings and issue an initial determination on whether Section 337 has been violated, after which the Commission will conduct a final review. The USITC will also set a target date for completion of the investigation within 45 days. If infringement is ultimately found and an exclusion order is issued, it must still undergo a 60-day policy review by the Office of the U.S. Trade Representative (USTR), and will take effect only if not disapproved.
Meanwhile, the Seoul Central District Prosecutors’ Office on the 15th searched the Korean offices of China’s Montage Technology, Japan’s Renesas Electronics and U.S.-based Rambus to investigate whether they colluded on prices when supplying semiconductor products to Samsung Electronics and SK Hynix, in violation of the Fair Trade Act.
Prosecutors have seized mobile phones and other materials and will determine whether there was any exchange of information, price-fixing agreements, and whether such conduct actually affected supply prices. Analysts said the U.S. Section 337 case centers on patent protection, while South Korea’s investigation focuses on antitrust enforcement. Although the two cases differ in nature, both reflect tighter oversight of the semiconductor industry worldwide and may pose greater legal and operational challenges for the global chip supply chain and related technology companies.