Netlist Filed Legal Proceedings Against SK Hynix For Patent Infringement

Netlist, Inc. filed legal proceedings for patent infringement against SK Hynix, Inc in the United States International Trade Commission (ITC) and the U.S. District Court for the Central District of California.

The proceedings were based on the infringement of six Netlist patents by SK Hynix RDIMM and LRDIMM enterprise memory products. Netlist has been in discussions with SK Hynix since last year to license its IP.

“Today’s actions were taken only after we made extensive and prolonged efforts to reach a fair and equitable resolution without litigation,” said C.K. Hong, chairman and CEO, Netlist. “As we now face the prospects of the infringement continuing indefinitely, we believe that litigation is necessary to defend our IP rights. While we remain willing to negotiate a resolution which fairly compensates Netlist and its shareholders for our valuable intellectual property, we remain confident in the strength of our case and are fully prepared to proceed through the complete legal process to achieve a successful outcome.“

The company has asserted a total of six patents in the ITC and district court actions: U.S. Patent Nos. 8,756,364, 8,516,185, 8,001,434, 8,359,501, 8,689,064, and 8,489,837.

The firm is seeking an exclusion order in the ITC that directs U.S. Customs and Border Protection to stop infringing SK Hynix RDIMM and LRDIMM products from entering the U.S. ITC investigations proceed on an expedited basis, commonly progressing to trial within a year with an Initial Determination from the Administrative Law Judge issued a few months later. A Final Determination commonly issues within 17 months after filing. In the district court proceedings, the firm is primarily seeking damages although this action will likely remain stayed until the ITC action reaches its conclusion.

The company is represented by its legal counsel DLA Piper which is one of the largest law firms in the world and its team of attorneys has extensive experience in the ITC and district court.

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