IRVINE, Calif., Sept. 6, 2018 /PRNewswire/ -- Netlist, Inc.
(NASDAQ: NLST) today announced that the United States International
Trade Commission (ITC) issued a claim construction order in in
Investigation No. 337-TA-1089 (the 1089 Investigation) of SK hynix
RDIMM and LRDIMM enterprise memory products. The order was
favorable to Netlist with regard to both of its asserted patents,
U.S. Patent Nos. 9,606,907, and 9,535,623.
The Administrative Law Judge (ALJ) sided with Netlist on the key
claim construction issues at the heart of the 1089
Investigation. The claim construction order serves as the
framework from which the ITC will ultimately decide if the patents
are valid and infringed by SK hynix, and therefore represents a
critical juncture in the case.
"We are very pleased with the order and believe this is an
important turning point in our dispute with SK hynix," said
Netlist's Chief Executive Officer, C.K.
Hong. "In our view, the claim construction order was
thorough, well-reasoned, and vindicates our belief as to the
strength of our fundamental IP. This interpretation of the
patents puts us in a strong position with respect to infringement,
which was the only issue we didn't win in our first ITC action. The
order gives us significant momentum heading into the trials
scheduled later this year in both the ITC and in Germany."
On April 12, 2018, the ALJ granted
SK hynix's motion for summary determination of non-infringement and
terminated the 1089 Investigation. On May
29, 2018, in response to Netlist's petition, the ITC
Commission remanded the investigation back to the ALJ to resolve
the parties' claim construction disputes and continue the
investigation. In the claim construction order, the ALJ resolved
the parties' disputes in favor of Netlist on these key issues.
Having conclusively established the meaning of the asserted patent
claims, the focus now shifts to whether the operation of SK hynix's
products, which is undisputed between the parties, falls within the
scope of the claims.
The claim construction order is available to the public via the
ITC's website.
(https://edis.usitc.gov/edis3-external/app).
About Netlist, Inc.
Netlist provides high-performance SSDs and modular memory
subsystems to enterprise customers in diverse industries. Flagship
products NVvault® and EXPRESSvault™ enable customers to accelerate
data in their servers and storage and reliably protect
enterprise-level cache, metadata and log data in the event of a
system failure or power outage. HybriDIMM™, Netlist's
next-generation storage class memory product, addresses the growing
need for real-time analytics in Big Data applications, in-memory
databases, high-performance computing and advanced data storage
solutions. Netlist also manufactures and provides a line of
specialty and legacy memory products to storage customers,
appliance customers, system builders and cloud and datacenter
customers. Netlist holds a portfolio of patents, many seminal, in
the areas of hybrid memory, storage class memory, rank
multiplication and load reduction. To learn more, visit
www.netlist.com.
Safe Harbor Statement
This news release contains forward-looking statements within the
meaning of the Private Securities Litigation Reform Act of 1995.
Forward-looking statements are statements other than
historical facts and often address future events or Netlist's
future performance. Forward-looking statements contained in
this news release include express or implied statements about the
outcome of the claim construction order issued by the ITC,
including statements regarding Netlist's actions and beliefs in
regard to the claim construction order.
All forward-looking statements reflect management's present
assumptions, expectations and beliefs regarding future events and
are subject to known and unknown risks, uncertainties and other
factors that could cause actual results to differ materially from
those expressed in or implied by any forward-looking
statements. These risks, uncertainties and other factors
include, among others, risks associated with patent infringement
litigation initiated by Netlist, such as ongoing proceedings
against SK hynix Inc., as well as the costs and unpredictability of
any such litigation and Netlist's strategies in connection with
such litigation. Netlist can provide no assurance regarding
the outcome of the ITC and German litigations, and if the process
concludes that Netlist's patents were not violated or that remedies
will not be imposed, then Netlist's prospects and financial
condition may be materially adversely affected. These
and other risks and uncertainties are described in Netlist's annual
report on Form 10-K for its most recently completed fiscal year
filed on March 30, 2018, and the other filings it makes with
the U.S. Securities and Exchange Commission from time to time,
including any subsequently filed quarterly and current
reports. In light of these risks, uncertainties and other
factors, these forward-looking statements should not be relied on
as predictions of future events. These forward-looking
statements represent Netlist's assumptions, expectations and
beliefs only as of the date they are made, and except as required
by law, Netlist undertakes no obligation to revise or update any
forward-looking statements for any reason.
For more information, please contact:
The Plunkett Group
Mike Smargiassi/Sharon Oh
NLST@theplunkettgroup.com
(212) 739-6729
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SOURCE Netlist, Inc.