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US patent probe puts SK hynix, Kioxia chip imports at risk
The US International Trade Commission has opened a Section 337 investigation into claims by MonolithIC 3D that SK hynix and Kioxia infringed US memory chip patents, a case that could lead to import restrictions.
MonolithIC 3D filed its complaint, and seeking a ban on importing and selling the accused products in the US.
The case cites eight US patents tied to 3D stacked memory designs used in NAND and high-bandwidth memory, and it names SK hynix units in Korea and the US, plus seven Kioxia units.
SK hynix told the agency an import ban could disrupt AI server memory supply, while MonolithIC 3D disputed the risk, and the agency will set a target completion date within 45 days.
Separately, industry officials said US patent board reviews that chipmakers use to challenge patents are being denied more often, and South Korea’s prime minister said the government is considering a coordinated response.
🔗 Source: Korea Times
🧠 Food for thought
Implications, context, and why it matters.
The ITC complaint is one part of a broader, multi-front legal campaign
- The patent fight goes beyond the US International Trade Commission (ITC). MonolithIC 3D also filed lawsuits against SK hynix and Kioxia in the Eastern District of Texas, a federal court often seen as friendly to patent plaintiffs 1.
- Industry sources cited in local reporting say the claims cover SK hynix High Bandwidth Memory (HBM) products, including HBM2E, HBM3, and HBM3E. The filing also names parts of its 3D NAND lineup 2.
- The ITC matter involves eight U.S. patents. RPX (a firm that tracks and analyzes patent litigation risk) describes separate district-court cases with 18 patents-in-suit tied to “semiconductor memory devices and fabrication methods,” asserted in overlapping sets 1.
A key legal shield for chipmakers is becoming less reliable
- Denied patent reviews add risk for chipmakers facing non-practicing entity (NPE) claims in the U.S. 3.
- The U.S. Patent Trial and Appeal Board (PTAB) used to be a go-to route for knocking out weak patents. It now feels harder to predict. Patently-O (a widely read U.S. patent-law blog) data cited in The Korea Times says 105 inter partes review (IPR) petitions were processed from October to early December 2025, with four grants 3.
- That trend can push firms toward costly trials or deal-making. Recent memory-related patent disputes ended in nine-figure outcomes involving Samsung and Micron 45.
- As this path narrows, manufacturers may face higher legal bills. Non-practicing entities could see more leverage in settlement talks 3.
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