GSI Technology, Inc. (Nasdaq: GSIT) announced on Thursday, October 25, 2012, that Chief Administrative Law Judge Charles E. Bullock issued his initial determination in the patent litigation between GSI and Cypress Semiconductor Corp. (Nasdaq: CY) pending before the International Trade Commission (the “ITC”). The initial determination issued by Judge Bullock held that the importation of GSI’s static random access memories (“SRAM”) products, and products containing them, and the sale within the United States of such products, have not violated applicable federal law with respect to any of the four patents that Cypress had alleged were infringed.
The ITC investigation was instituted in July 2011 in response to a complaint filed by Cypress. The complaint was initially filed with the U.S. International Trade Commission on June 10, 2011, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337. An amended complaint was filed on June 27, 2011 and a letter supplementing the amended complaint was filed on June 28, 2011. A second amended complaint was filed on July 13, 2011. The second amended complaint alleged violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain SRAMs and products containing them by reason of infringement of certain claims of U.S. Patent No. 6,534,805 (“the ‘805 patent”); U.S. Patent No. 6,651,134 (“the ‘134 patent”); U.S. Patent No. 7,142,477 (“the ‘477 patent”); and U.S. Patent No. 6,262,937 (“the ‘937 patent”). The second amended complaint further alleged that an industry in the United States exists as required by subsection (a)(2) of section 337.