By Dr Mike Cooke

Flash memory producer SanDisk launched new patent litigation against STMicroelectronics, after a "disappointing" United States International Trade Commission order.

The new assertion made in the North California district is that STMicroelectronics' NAND and NOR flash memory chips infringe SanDisk's US Patent No. 5,991,517, entitled "Flash EEprom System With Cell by Cell Programming Verification."

On December 5, 2005, the United States International Trade Commission issued an order in Investigation No. 337-TA-526, entitled "Notice of Commission Decision to Review in Part an Initial Determination, and on Review, to Take No Position Concerning Certain Validity Issues and to Affirm the Administrative Law Judge's Determination that there is No Violation of Section 337; Termination of Investigation."

The Commission order affirms the October 19, 2005 finding by an administrative law judge that certain STMicroelectronics NAND flash memory chips do not infringe three claims of SanDisk's US Patent 5,172,338. The Commission order terminates the ITC case between SanDisk and STMicroelectronics.

With respect to the Commission order, E. Earle Thompson, Chief Intellectual Property Counsel for SanDisk, comments: "SanDisk is disappointed that the Commission declined to review the Initial Determination and respectfully but strongly disagrees with the Commission's order. SanDisk intends to appeal the decision to the United States Court of Appeals for the Federal Circuit. SanDisk believes that the order incorrectly interpreted the claims of the patent and that it has a strong basis for appeal."