Nanya Countersues Elpida in Patent Dispute

Nov 23, 2011 Ι Industry In-Focus Ι Electronics and Computers Ι By Ken Liu, CENS
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Taipei, Nov. 23, 2011 (CENS)--DRAM maker Nanya Technology Corp. yesterday announced it has filed a complaint with the United States International Trade Commission (U.S. ITC), accusing Elpida Memory (Japan) Inc., Elpida Memory (USA) Inc., and Kingston Technology Co. of allegedly infringing four of its patents.

Nanya filed the lawsuit a few days after Elpida of Japan accused Nanya in a district court in California, ITC and Intellectual Property Court of Taiwan of infringing its patents.

Nanya requested ITC to issue an injunction barring the three DRAM makers from exporting and selling the allegedly unlawful Elpida chips and memory modules outfitted with the disputed Elpida chips on U.S. territory.

Nanya executives pointed out that their company had advise Elpida at least twice the two companies to cross-license their own patents on the disputed chips to each other since the chips involve the two companies' patents.

In a news release, Nanya Technology Vice President P.L. Pai stressed his company has always respected others' intellectual property rights and expected others to respect Nanya's intellectual property. “Nanya Technology will not hesitate to take any action needed to enforce the company's rights against those who infringe our patents,” he stated.

It is understood that Nanya's parent group, the Formosa Plastics Group (FPG), has been annoyed by Elpida's relentless claim that “Nanya is not resolving the dispute with good faith” and its lawsuits. In the end, the group decided to launch countermeasures.

Taiwan's industry executives pointed out that the lawsuits are underscoring the reality that acute oversupply in the DRAM industry has compelled manufacturers to take all measures to drive their rivals out of the competition.

Also, Nanya's countersuit suggests Taiwan's DRAM makers are confident of changing their long-time position as a defendant in patent lawsuit cases to a plaintiff after years of efforts in patent buildup.
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