Arizona Tribune - USPTO and USDOJ File Public Interest Comment in Netlist' U.S. International Trade Commission Action Against Samsung

Netlist is seeking exclusion and cease and desist orders against the Respondents, which would direct U.S. Customs and Border Protection to stop Samsung memory products that infringe Netlist's patents from entering the U.S. In the ITC complaint, Netlist asserts that the Respondents infringe U.S. Patent Nos. 12,737,366, 10,025,731, 10,268,608, 10,217,523, 9,824,035, and 12,308,087, by importing into the U.S. the following products: DDR5 memory modules, e.g., DDR5 RDIMM, UDIMM, SODIMM, and MRDIMM, and high-bandwidth memory ("HBM").

C.K. Hong, Netlist's Chief Executive Officer, said "This is the first time in history that the USPTO and USDOJ have weighed in on a public interest issue in a 337 investigation, and they did so in support of Netlist's position on the matter. The USPTO and USDOJ are agencies that advise the President on U.S. IP policy, and this submission reflects the Administration's strong support for American innovation and the enforcement of US patent rights, particularly through injunctive remedy. Netlist anticipates the ITC will decide on institution of an investigation by the end of the year."

As noted in the joint public interest statement, "[t]he USPTO, as the Executive-branch agency charged with examining patent applications, issuing patents, and advising the President on intellectual property policy, has a fundamental interest in ensuring that valid patent rights receive appropriate protection. The Department of Justice's Antitrust Division enforces the federal antitrust laws and has a strong interest in promoting competition, including by promoting a strong and effective patent system to spur innovation and fuel economic growth. Together, the Agencies share the view that the public interest favors robust, predictable enforcement of valid patent rights, particularly at the border, where American innovation often confronts foreign imitation."

The ITC is an independent, non-partisan agency that investigates and makes determinations against unfair acts in the import trade that violate U.S. intellectual property rights. ITC investigations proceed on an expedited basis, commonly progressing to trial within a year.

About Netlist

Netlist is a leading innovator in advanced memory and storage solutions. With a rich portfolio of patented technologies, Netlist's inventions are foundational to the advancement of AI computing. To learn more about Netlist, please 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 contained in this news release include, without limitation, statements about Netlist's ability to execute on its strategic initiatives, the results of pending litigations and Netlist's ability to successfully defend its intellectual property. Forward-looking statements are statements other than historical facts and often address future events or Netlist's future performance and reflect management's present expectations 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 that Samsung will appeal the final orders by the trial court for the Samsung litigation, risks that Micron will appeal the final orders by the trial court (appeals in general could cause a lengthy delay in Netlist's ability to collect damage awards, could overturn the verdicts or reduce the damages awards); risks that Netlist will suffer adverse outcomes in its litigation with Samsung, Micron or Google or in its various other active proceedings to defend the validity of its patents; risks related to Netlist's plans for its intellectual property, including its strategies for monetizing, licensing, expanding, and defending its patent portfolio; risks associated with patent infringement litigation initiated by Netlist, or by others against Netlist, as well as the costs and unpredictability of any such litigation; risks associated with Netlist's product sales, including the market and demand for products sold by Netlist and its ability to successfully develop and launch new products that are attractive to the market; the success of product, joint development and licensing partnerships; the competitive landscape of Netlist's industry; and general economic, political and market conditions, including the ongoing conflicts between Russia and Ukraine and Israel and Palestine, factory slowdowns and/or shutdowns, and changes in international tariff policies. 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 and other risks and uncertainties are described in Netlist's Annual Report on Form 10-K for the fiscal year ended December 28, 2024 filed with the SEC on March 28, 2025, 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 particular, you are encouraged to review the Company's Quarterly Report on Form 10-Q for the quarter ended September 27, 2025 filed with the SEC on November 12, 2025. 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:

Investors/Media
Mike Smargiassi
The Plunkett Group
[email protected]
(212) 739-6729

SOURCE: Netlist, Inc.

View the original press release on ACCESS Newswire

F.Ramirez--AT