The ITC reversed its decision to slap a limited exclusion order on imports and a cease-and-desist order on sales after Toshiba and the petitioner reached a settlement.
The International Trade Commission (ITC) has rescinded a limited exclusion order (LEO) and cease-and-desist orders (CDOs) prohibiting imports and sales, respectively, of infringing nonvolatile memory devices by Toshiba, the ITC announced in a Federal Register notice published Monday.
The ITC in October announced a violation of Section 337 of the Tariff Act of 1930 and determined the appropriate remedy was a LEO against Toshiba’s infringing products and CDOs against domestic Toshiba respondents.
On Oct. 15, Toshiba and Macronix, the petitioner of the case, filed a joint petition to rescind the LEO and CDOs, stating in the petition: “The specific conduct covered by the remedial orders has become authorized or licensed by way of settlement and license,” the ITC said.
The ITC investigative attorney on Oct. 25 filed a response in support of the petition, and no other party filed response or opposition to the petition, the commission said.
“In view of the settlement agreement between Macronix and Toshiba, the commission finds that the conditions justifying the remedial orders no longer exist, and therefore, granting the petition is warranted,” the ITC said. “Accordingly, the commission has determined to rescind the remedial orders.”
Toshiba memory devices cleared for import and sale
