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

Netlist, Inc., announced that Administrative Law Judge (ALJ) Pender of the United States International Trade Commission (ITC), issued an Initial Determination (ID) in Investigation No. 337-TA-1089 (the 1089 Investigation) of SK hynix, Inc.’ RDIMM and LRDIMM enterprise memory products, Netlist’s second action in the ITC against SK hynix related to these products.

According to the ID, ALJ Pender granted SK hynix’s motion for summary determination of non-infringement and terminated the 1089 Investigation. A public version of the ID will be available in the next two weeks, and the substance of the decision will remain confidential until then.  Netlist will determine at that time whether further comment on the ID is appropriate.

The ID is now subject to review by the ITC Commission. 

Netlist intends to file a petition by the end of this month requesting that the Commissioners review the findings in the ID. The ITC will issue a Final Determination (FD) at the conclusion of its review, likely in the next two to four months, which may affirm, set aside, or modify the findings in the ID. Netlist will have the opportunity to appeal any adverse findings in the FD to the United States Court of Appeals for the Federal Circuit.