The U.S. International Trade Commission (ITC) has initiated an investigation into SK Hynix concerning a patent dispute involving its high bandwidth memory (HBM) technology. This development escalates legal risks for Korean chipmakers, particularly as HBM is a critical component for AI data centers, a sector prioritized by the U.S. administration.
The investigation was triggered by a complaint from Monolithic 3D, which alleges that SK Hynix and Kioxia have infringed upon patents related to HBM and NAND flash memory. The NPE is requesting the ITC to impose an import ban on these products in the United States. SK Hynix, in its submission to the ITC, emphasized the strategic importance of HBM for AI data centers and cautioned that an import ban could lead to significant supply shortages and price hikes, ultimately harming the public interest.
Monolithic 3D, however, has countered these concerns, suggesting that the impact on supply is exaggerated and that competitors like Samsung Electronics and Micron could potentially fill any production gaps.
This probe underscores a broader concern within the semiconductor industry: Korean chipmakers are increasingly facing legal challenges from nonpracticing entities (NPEs), often referred to as “patent trolls.” This trend appears to be amplified by the U.S. administration’s focus on bolstering intellectual property (IP) protection for key technologies. NPEs typically profit by acquiring patents and then demanding licensing fees or pursuing legal action against companies utilizing related technologies.
Data indicates a significant number of patent infringement lawsuits filed against Korean companies, with the vast majority occurring in the United States and concentrated in the electrical and electronics sector. Samsung Electronics has been particularly targeted, facing numerous cases, many brought forth by NPEs. This situation has become more pronounced since the beginning of 2025, with changes in the U.S. Patent and Trademark Office potentially making it harder to invalidate patents through systems like the inter partes review (IPR).
Industry officials note that while disputes with NPEs are not uncommon, the strategic importance of HBM means that any unfavorable ruling could have substantial repercussions. This is further illustrated by past legal outcomes, such as Netlist’s successful settlements and verdicts against SK Hynix and Samsung Electronics.
In response to these escalating risks, the Korean government is also enhancing its support. The Ministry of Intellectual Property has established a dedicated unit to monitor trends involving advanced technologies and has increased financial aid for small and mid-sized firms facing patent disputes. A call for a coordinated, pan-governmental response to patent litigation involving Korean semiconductor companies in the U.S. has also been made.