Netlist Receives Initial Determination in International Trade Commission Investigation of SK hynix

Netlist, Inc. announced that Administrative Law Judge (ALJ) Bullock of the United States International Trade Commission (ITC), issued a Notice of Initial Determination (ID) in its investigation of SK hynix, Inc.‘s RDIMM and LRDIMM enterprise memory products.

According to the Notice, ALJ Bullock determined that no violation of section 337 of the Tariff Act has been found with respect to Netlist’s patents in Certain Memory Modules and Components Thereof, and Products Containing Same, Investigation No. 337-TA-1023. The Notice includes only a brief summary of the ID’s conclusions, so no further details on the substance of the decision are available at this time.

The parties and their counsel have not yet received the full ID, which is subject to confidentiality restrictions. Netlist anticipates its counsel will receive this document within the next few days. Netlist will determine at that time whether further comment on the decision is appropriate. A public version of the ID will be available within 30 days.

The ID is now subject to review by the Commissioners at the ITC. Netlist intends to petition for review of any findings in the ID it believes are incorrect. The Commission will then decide whether to review portions of, or the entire ID. Once the issues under review have been briefed, it may affirm, set aside, or modify the portions of the ID under review. These conclusions will be contained in a Final Determination which is currently scheduled to be issued by the Commission by March 14, 2018.