Netlist, Inc. (OTCQB: NLST) announced today that the U.S. Court of Appeals for the Federal Circuit (CAFC) has upheld the October 2023 decision by the Patent Trial and Appeal Board (PTAB) regarding the validity of Netlist's U.S. Patent No. 10,489,314 (the '314 Patent) in an Inter Partes Review (IPR) initiated by Micron. Following the CAFC's judgment, Micron has a 90-day window to petition the U.S. Supreme Court.
C.K. Hong, the CEO of Netlist, expressed satisfaction with the CAFC's ruling, stating, "We are pleased that the CAFC affirmed the validity of the '314 Patent. This marks the third occasion in the last year that the CAFC has upheld the validity of Netlist's patents against Micron and/or Samsung. These affirmations underscore Netlist's position as a leader in innovation within the semiconductor memory sector."
In the previous year, the CAFC also affirmed the validity of Netlist's U.S. Patent Nos. 10,268,608 (the '608 Patent) and 10,217,523 (the '523 Patent), which were challenged by Micron and Samsung but found valid by the PTAB. Both the '314 and '608 Patents are part of a case Netlist has against Micron in the U.S. District Court for the Western District of Texas (WDTX), which is currently on hold. Additionally, Netlist's U.S. Patent No. 9,824,035 is asserted against Micron in the same court, with the PTAB previously confirming that claims 2 and 6 of the '035 Patent were valid, a finding that Micron did not contest.
The '608 and '523 Patents are among six patents that Netlist has asserted in its complaint before the U.S. International Trade Commission (ITC) against Samsung, Google, and Super Micro. At the ITC, Netlist is pursuing exclusion and cease-and-desist orders to prevent Samsung's infringing memory products from entering the U.S.
Netlist is recognized as a leading innovator in advanced memory and storage solutions. With an extensive portfolio of patented technologies, Netlist's inventions play a critical role in the advancement of AI computing. For further details about Netlist, visit www.netlist.com.
This announcement includes forward-looking statements as defined by the Private Securities Litigation Reform Act of 1995. These statements involve risks and uncertainties that may cause actual results to differ from those expressed. Factors include potential adverse outcomes in litigation with Samsung, Micron, or Google, and the competitive landscape of Netlist's industry. More details can be found in Netlist's filings with the U.S. Securities and Exchange Commission, including its Annual Report on Form 10-K and Quarterly Report on Form 10-Q.
For additional inquiries, please contact:
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Mike Smargiassi
The Plunkett Group
NLST@theplunkettgroup.com
(212) 739-6729