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Technology Stocks : Rambus (RMBS) - Eagle or Penguin
RMBS 126.64+11.2%1:27 PM EST

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To: gnuman who wrote (47290)7/16/2000 2:42:23 PM
From: NightOwl  Read Replies (1) of 93625
 
Gene P,

I checked out the rules and you are indeed right about the relevant sections. I also went to the statute 19 USC Sec. 1337 to see how the ITC's jurisdiction is described.

Just based on the plain language used it would appear that it doesn't matter to the ITC if the parties to its actions are foreign or domestic. What seems to be required is an "importation" and a "sale" transaction.

So if a Fab company, foreign or US owned, makes DDR/SDRAM in the US for sale in the US or for "export", the ITC would appear to be excluded from hearing any patent disputes involved.

However, I would also assume that if you had a manufacturer who made SDRAM/DDR chips both inside and outside the country, you might be able to assert ITC jurisdiction over all the manufactures production activities, if a complaining party could assert that it is impossible to tell the US and foreign chips apart; or if it could establish that the foreign chips were in fact being sold in the US, as a "grey market" transaction.

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