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Second Complaint Filed in Cross-Border 3D NAND Throwdown

July 16, 2024

Yangtze Memory Technologies has filed a second Northern District of California case against Micron Technology (Micron Consumer Products Group) (3:24-cv-04223), adding eleven patents to the eight asserted in last November’s complaint. Micron pleaded counterclaims in that suit asserting five Micron patents, but last week the court granted Yangtze Memory’s motion to dismiss them based on failure to sufficiently allege infringing US activity and/or compliance with marking requirements. Meanwhile, the parties have submitted a joint proposed protective order in the earlier case, after Magistrate Judge Thomas S. Hixson provided guidance on the parties’ previous disputes, ordering Yangtze to make its source code available in the US, not just in China, and characterizing portions of the request that information be withheld from Yangtze Memory’s parent company because it is on the Entity List for Export Administration Regulations as “probably the most grossly overreaching discovery argument that the undersigned judge has ever seen”.


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