Netlist’s U.S. Patent Nos.
8,301,833, 9,854,035, 10,268,608, and 10,489,314. As of the
reporting date, the PTAB granted Micron’s request for the ‘035
Patent, but denied its request for the ‘608 Patent. Netlist’s
Patent Owner Preliminary Response to Micron’s requests to IPR the
‘314 patent were filed August 3, 2022, and the PTAB’s deadline to
make a decision on institution for the ‘833 Patent is September 9,
On March 31, 2022, Netlist
filed a patent infringement lawsuit against Micron in Germany,
seeking damages based on their infringement of EP735 and EP660. On
June 24, 2022, Netlist filed an extension of its Complaint
requesting injunctive relief. The Dusseldorf Court set an oral
hearing for the case in Dusseldorf on May 4, 2023.
On June 10, 2022, Netlist filed
a complaint for patent infringement against Micron in the United
States District Court for the Eastern District of Texas, Marshall
Division (Case No. 2:22-cv-00203-JRG-RSP). These proceedings are
based on the alleged infringement by Micron’s load reduced dual in
line memory modules (“LRDIMM”), Micron’s memory modules utilizing
on-board power management modules (“PMIC”), and Micron’s high
bandwidth memory (“HBM”) components, under six U.S. patents – U.S.
Patent Nos. 8,787,060; 9,318,160; 10,860,506; 10,949,339;
11,016,918; & 11,232,054. As of the reporting date, the case
has been assigned to Hon. Chief Judge Rodney Gilstrap.
On August 1, 2022, Netlist filed a complaint for patent
infringement against Micron in the United States Court for the
Eastern District of Texas (Case No. 2:22-cv-00294) under the ‘912
Patent, which relates generally to technologies to implement rank
On May 28, 2020, Netlist filed
a complaint against Samsung in the United States District Court for
the Central District of California for Samsung’s breach of the
parties’ JDLA. On July 22, 2020, Netlist amended its complaint to
seek a Declaratory Judgment that it properly terminated the JDLA in
light of Samsung’s material breaches. On October 14, 2021, the
Court entered summary judgment in Netlist’s favor and confirmed
Netlist properly terminated the JDLA as of July 15, 2020. On
February 15, 2022, the Court entered a Final Judgment in favor of
Netlist on each of its three claims and confirmed conclusively that
all licenses granted under the JDLA were terminated. On February
25, 2022, Samsung filed a Notice of Appeal, and the Federal Court
of Appeals for the Ninth Circuit issued a Time Schedule Order on
February 28, 2022, setting Samsung’s deadline to file an opening
appeal brief as June 6, 2022. As of the reporting date, Samsung
filed its opening brief seeking an appeal of the lower Court’s
decisions. Netlist filed its response to Samsung’s appeal and its
own opening cross-appeal brief on August 4, 2022.
On October 15, 2021, Samsung
filed a declaratory judgement action against Netlist in the United
States District Court for the District of Delaware (“DDE”),
requesting in relevant part that the Delaware District Court
declare that Samsung does not infringe Netlist’s U.S. Patent Nos.
7,619,912, 9,858,218, 10,217,523, 10,474,595, 10,860,506,
10,949,339, and 11,016,918. As of the reporting date, Samsung seeks
leave to add U.S. Patent No. 11,232,054 (issued Jan. 25, 2022) to
the action. Netlist believes Samsung’s claims levied in the DDE
action meritless, and the relief Samsung requests unjustified.
Netlist filed a motion seeking dismissal of Samsung’s operative DDE
complaint, and an opposition contesting the inclusion of U.S.
Patent No. 11,232,054 as part of Samsung’s proposed second amended
complaint filing. On August 1, 2022, the Court entered an Order on
the pending motions denying Samsung’s request to amend its
operative complaint a second time to add a count against U.S.
Patent No. 11,232,054, and granting-in-part Netlist’s motion that
various causes of action be dismissed. Specifically, Judge Andrews
dismissed all of Samsung’s counts related to Netlist’s U.S. Patent
Nos. 7,619,912, 10,860,506, 10,949,339, and 11,016,918. As of the
reporting date, the Court has not yet set a case
On November 19, 2021, Samsung filed IPR requests contesting the
validity of U.S. Patent Nos. 9,858,218 (the “’218 patent”),
10,474,595 (the “’595 patent”), and 10,217,523 (the “’523 patent”).
Netlist filed its initial responses to Samsung’s petitions on
February 18, 2022, contesting the institution of any IPR on the
grounds propounded. As of the reporting date, the PTAB has granted
Samsung’s IPR requests related to the ‘218, ‘523, and ‘595 patents.
Netlist filed its Patent Owner’s Response for the ‘523 IPR on
August 4, 2022, and has a deadline to file its Patent Owner
Responses for the ‘218 and’595 IPRs on August 15, 2022.