Section 337 Miscellaneous, 1988

Mr. Duvall’s Papers consist of cases and other materials pertaining to his tenure as an Administrative Law Judge and later as an attorney to Kenyon and Kenyon, working with Section 337 of the Tariff Act of 1930. The papers are divided in two series:

1. Cases where he acted as a judge on section 337 matters.

2. Cases where he was an attorney for the plaintiff. The most important case in this section is the DRAMs [Certain Dynamic Random Access Memories Components]. The investigation was instituted by the International Trade Commission on March 19, 1986, in response to a complaint filed on behalf of Texas Instruments, Inc., alleging a violation of section 337 in the importation of certain dynamic random access memories (DRAMs) alleged to infringe one or more of ten patents owned by Texas Instruments.” (A DRAM is “monolithic integrated memory circuit containing thousands of storage cells (bits), each of which usually contains a transistor and a capacitor.”) That the “importation and sale constitute unfair methods of competition and unfair acts by reason of infringement of certain claims of ten U.S. Patents owned by TI.” That this competition has “the effect to destroy or substantially injure an efficiently and economically operated domestic industry.” There were nineteen respondents. Nine Japanese companies, including Matsushita Electric Industrial CO., Hitachi, Ltd., Toshiba Corporation, Mitsubishi Electric Corporation, et al.; two Korean companies, Samsung Company, Ltd. and Samsung Semiconductor and Telecommunications Co., Ltd.; and eight U.S. companies. On March 23, 1987, TI announced DRAMs settlements with six of the Japanese companies, and was paid $134 million (Southwest Newswire. March 23, 1987. Lexis Nexis ).