The patents involved in the investigation Macronix relate to the generation of multiple voltages, power regulation, and/or the manufacturing processes for non-volatile memory, including flash memory products.

Although Spansion argued that “the Commission should decline to institute the requested investigation” and Spansion separately argued that Macronix does not have the US-based activity necessary to succeed on the domestic industry elements of the complaint (and requested an expedited hearing on that issue), both of those Spansion positions were rejected by the ITC.

The voting Commissioners of the ITC unanimously decided to initiate the investigations against Spansion and its customers named as respondents in the Macronix complaint.

Spansion previously complained to the ITC that certain Macronix products infringe Spansion patents.

“Macronix is confident in its position that its products do not infringe any valid patents in that case, and has responded with actions in the U.S. Patent and Trademark Office in November 2013 to invalidate those Spansion patents” said Arthur Yang, president of Macronix America Inc.

Yang further commented that “It’s obvious that Spansion has lost confidence in its technology and is now resorting to litigation and false or misleading statements to disrupt the markets.”

Contrary to Spansion’s statements, the earliest scheduled decision of Spansion’s ITC action will be in 2015, while the overlapping Macronix actions against Spansion could result in an even earlier injunction against importation of Spansion products. Macronix will continue vigorously defending and enforcing its rights to protect its interests and that of its customers.