IRVINE, Calif., June 18, 2018 /PRNewswire/ -- Netlist, Inc.
(NASDAQ: NLST), today announced that the United States
International Trade Commission (ITC) issued a schedule in its
investigation of SK hynix RDIMM and LRDIMM enterprise memory
products, including a claim construction order by the tentative
date of August 24, 2018 and trial
dates of December 17-21,
2018.
On May 29, 2018, the ITC
Commissioners issued a Remand Order sending the investigation back
to the Administrative Law Judge (ALJ) to resolve the parties' claim
construction disputes and continue the investigation.
"We look forward to receiving the Judge's order on claim
construction which will make clear the issue of infringement in
this case," said C.K. Hong, CEO of
Netlist, "We're also pleased to see the investigation get back on
track, with only a one-month delay for the trial and the Initial
Determination, from the original schedule."
The investigation will then proceed through fact and expert
discovery, culminating in the December trial. The schedule
sets a deadline of April 5, 2019, for
the ALJ to issue an Initial Determination, with a new target
date of August 5, 2019, for a Final
Determination from the Commission.
About Netlist, Inc.
Netlist provides high-performance
modular memory subsystems to customers in diverse industries that
require enterprise and storage class memory solutions to empower
critical business decisions. Flagship products NVvault® and
EXPRESSvault® enable customers to accelerate data running through
their servers and storage and reliably protect enterprise-level
cache, metadata and log data by providing near instantaneous
recovery 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 resells
component products to end-customers that are not reached in the
distribution models of the component manufacturers, including
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. Netlist is part of
the Russell Microcap® Index. 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 Remand Order
issued by the ITC, including statements regarding Netlist's actions
in response to the Remand Order, including issuing further comments
and filing petitions or appeals.
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 Remand Order at the ITC, 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.