U.S. Publishes SK Hynix Patent Dispute in Federal Register...Pressure on Korean Chipmakers

US ITC Seeks Public Comments on Public Interest Issues
South Korean Semiconductor Firms Targeted by "Patent Trolls"
"A Pressure Tactic Aimed at SK Hynix and Other Companies"

A patent dispute surrounding SK Hynix, which has emerged as a key company in artificial intelligence (AI) semiconductors, has been placed on the U.S. government's public interest review list. Recently, the U.S. government published in the Federal Register a patent infringement lawsuit filed by a non-practicing entity (NPE) against SK Hynix. Within the industry, some interpret this as a form of pressure message directed at Korean semiconductor companies.

According to the U.S. Federal Register on February 5, the U.S. International Trade Commission (ITC) announced on February 3 (local time) that it had received a complaint from Monolithic 3D, an NPE, and classified the matter as involving "public interest issues," requesting the submission of opinions.

Screenshot of the United States Federal Register homepage

The complaint alleges that the sale in the United States of NAND flash and DRAM memory chips manufactured by SK Hynix and Japan's Kioxia violates Section 337 of the Tariff Act. Section 337 of the Tariff Act is a provision that regulates unfair trade practices such as the import and sale of products that infringe U.S. patents. Monolithic 3D has requested that the ITC issue a limited exclusion order, as well as cease-and-desist and prohibition orders.

According to industry sources, on January 29 (local time) Monolithic 3D filed a complaint with the ITC against SK Hynix and Kioxia. Monolithic 3D claims that SK Hynix's high-bandwidth memory (HBM) 2E, HBM3, HBM3E, and its entire line of 3D NAND products infringe the company's "3D stacking technology patents (including U.S. Patent No. 531)."

Monolithic 3D is an NPE that does not directly produce products or services but generates revenue through patent holdings and litigation, and is considered one of the so-called "patent trolls." As demand for AI semiconductors has recently expanded, Korean companies have become concentrated targets of NPEs. SK Hynix was also hit with a patent infringement lawsuit in January last year by Advanced Memory Technology (AMT), a Chinese NPE. SK Hynix has likewise not made any specific comment on the current matter.

The issue is that the U.S. government has taken the unusual step of publishing this patent dispute in the Federal Register. Typically, patent infringement cases filed with the ITC are often handled through individual notices at the stage of deciding whether to initiate an investigation or during procedural steps. However, because this case has been explicitly designated as involving "public interest issues" and officially published in the Federal Register, it is being interpreted as a signal that the authorities intend to assess in advance the potential ripple effects on U.S. industry and the overall economy.

This content was produced with the assistance of AI translation services.