Litigation

Netlist Inc v. Samsung Electronics Co., Ltd.

Active litigation

24-1521

Patents at issue (1)

Plaintiffs (1)

Summary

This is an active patent litigation case on appeal at the Federal Circuit, involving Netlist Inc as the plaintiff and [[Samsung Electronics Co.](/litigations/by-defendant/Samsung%20Electronics%20Co.), Ltd.](/litigations/by-plaintiff/Samsung%20Electronics%20Co.%2C%20Ltd.) as a defendant.

Case overview & background

Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.

This patent infringement litigation involves Netlist Inc, a California-based operating company specializing in high-performance solid-state drives (SSDs) and modular memory subsystems, including those used in cloud computing and AI applications, as the plaintiff. The defendant is Samsung Electronics Co., Ltd., a global electronics giant headquartered in South Korea, renowned for its consumer electronics, mobile devices, and as a major manufacturer of semiconductor components, particularly memory chips. The core of the dispute centers on Samsung's alleged infringement of Netlist's memory technology patents, specifically concerning high-performance memory modules used in servers and computing systems. The accused products in the underlying district court case included Samsung's DDR4 LRDIMMs and other memory products with similar structures.

The patent at issue in this specific Federal Circuit appeal, 24-1521, is U.S. Patent No. 10,860,506, titled "Memory module with timing-controlled data buffering." This patent describes a memory module design incorporating memory devices, a module control circuit, and multiple buffer circuits positioned between data signal lines and memory devices to manage data timing. This technology is considered fundamental to the operation of modern Load-Reduced DIMM (LRDIMM) and Registered DIMM (RDIMM) server memory modules.

While the overarching litigation between Netlist and Samsung remains active, the specific procedural posture for case 24-1521 is on appeal at the Court of Appeals for the Federal Circuit (CAFC), originating from an unpatentability determination by the Patent Trial and Appeal Board (PTAB) through Inter Partes Reviews (IPRs) filed by Samsung and Micron. As of December 9, 2025, the Federal Circuit issued a per curiam affirmance in this appeal, finding no reversible error in the PTAB's decision that U.S. Patent No. 10,860,506 is unpatentable, thus concluding this specific appeal with an outcome unfavorable to Netlist. This case is notable as part of an extensive intellectual property conflict between Netlist and Samsung, which also involves related litigation against other major memory manufacturers like Micron and Google. The broader dispute stems from the termination of a 2015 joint development and license agreement between Netlist and Samsung due to alleged breaches by Samsung. Netlist has previously secured significant jury verdicts against Samsung in the U.S. District Court for the Eastern District of Texas, totaling over $420 million across multiple patents. The cancellation of the '506 patent in this appeal impacts Netlist's overall patent portfolio and its leverage in ongoing and future licensing negotiations within the highly competitive memory industry.

Key legal developments & outcome

Major rulings, motions, claim construction, settlements, and the present posture or final disposition.

The patent infringement litigation between Netlist Inc. and Samsung Electronics Co., Ltd. involves a complex history across both district courts and the Patent Trial and Appeal Board (PTAB), with multiple appeals to the Federal Circuit. This summary focuses on the litigation related to U.S. Patent No. 10,860,506 (the '506 patent) and a significant infringement case in the Eastern District of Texas.

Key Legal Developments and Outcome

1. District Court Patent Infringement Litigation (E.D. Tex. Case No. 2:21-cv-00463)

  • Filing & Initial Pleadings (2021): Netlist Inc. filed a complaint against Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Semiconductor, Inc. (collectively, "Samsung") in the U.S. District Court for the Eastern District of Texas (Marshall Division) on December 20, 2021. The initial complaint alleged infringement of U.S. Patent Nos. 10,860,506, 10,949,339, and 11,016,918. Netlist later amended its complaint to include infringement claims for U.S. Patent Nos. 11,232,054, 8,787,060, and 9,318,160.
  • Claim Construction (Markman) (2022): A Claim Construction Order was issued in the Eastern District of Texas case on December 14, 2022.
  • Trial Events & Verdict (2023): A jury trial commenced on April 14, 2023. On April 21, 2023, the jury returned a unanimous verdict. The jury found that Samsung infringed at least one asserted claim of each of the presented patents, that this infringement was willful, and that none of the asserted claims were invalid. The jury awarded Netlist a composite reasonable royalty of $303,150,000.00 for Samsung's infringement across all asserted patents.
  • Bench Trial & Final Judgment (2023): Following the jury verdict, the court conducted a separate bench trial on May 30, 2023, concerning Samsung's equitable defenses (prosecution laches, equitable estoppel, and unclean hands). On August 11, 2023, the Court issued Findings of Fact and Conclusions of Law, determining that Samsung had not proven any of its equitable defenses. Final judgment was entered on August 11, 2023, in favor of Netlist, affirming the jury's verdict and the damages award.
  • Appeal of District Court Judgment (2024 - Active): Samsung filed a notice of appeal to the U.S. Court of Appeals for the Federal Circuit (Case No. 2024-2203) on August 9, 2024, challenging the district court's judgment. Samsung's motion to stay this appeal was denied by the Federal Circuit on February 18, 2025, without prejudice. The appeal remains pending.

2. Parallel PTAB IPR Proceedings for U.S. Patent No. 10,860,506 (the '506 Patent)

  • Samsung IPR Petition (2022): Samsung Electronics Co., Ltd. filed a Petition for Inter Partes Review (IPR) of the '506 patent (Case No. IPR2022-00711) on March 22, 2022.
  • Micron IPR Petition (2022): Micron Technology, Inc. also filed a Petition for IPR of the '506 patent (Case No. IPR2023-00205) on November 18, 2022.
  • PTAB Final Written Decision (2023): On October 17, 2023, the PTAB issued a final written decision in both IPRs (IPR2022-00711 and IPR2023-00205), finding all challenged claims of the '506 patent unpatentable. This decision occurred after the district court's final judgment in the infringement case.

3. Federal Circuit Appeal of PTAB Decision (CAFC Case No. 24-1521)

  • Filing (2024): Netlist Inc. appealed the PTAB's unpatentability determination for the '506 patent to the U.S. Court of Appeals for the Federal Circuit (Case No. 24-1521). The appeal was filed on February 27, 2024. The respondents in the appeal included Samsung Electronics Co., Ltd. and three Micron entities (Micron Technology, Inc., Micron Semiconductor Products, Inc., and Micron Technology Texas, LLC).
  • Outcome (2025): The Federal Circuit closed Netlist's appeal on December 9, 2025. A per curiam panel of Circuit Judges Lourie, Prost, and Cunningham affirmed the PTAB's unpatentability ruling, finding no reversible error. The outcome was recorded as "Unpatentable," meaning U.S. Patent No. 10,860,506 was cancelled and Netlist retains no enforceable rights under it against Samsung, Micron, or any third party.

Effect of Parallel PTAB IPRs on Litigation:
The PTAB's finding that the '506 patent is unpatentable, subsequently affirmed by the Federal Circuit in case 24-1521, significantly impacts the ongoing appeal of the district court's infringement judgment (CAFC Case No. 24-2203). Since the '506 patent was one of the patents included in the $303 million damages award in the Eastern District of Texas, Samsung is likely to argue for the invalidation or reduction of the damages awarded in the district court case related to this now-unpatentable patent during the active Federal Circuit appeal 24-2203.

In the news

What the press has reported about this case, summarized with links to the source articles.

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print(google_search.search(queries=["Netlist Inc v. Samsung Electronics Co., Ltd. 24-1521 news", "Netlist Samsung patent litigation news", "Netlist 10860506 patent news", "Netlist $303 million Samsung verdict news", "Netlist Samsung ITC investigation news", "Netlist Samsung PTAB news", "Netlist Samsung Federal Circuit appeal news"]))
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The user wants a summary of news and analysis coverage about the Netlist v. Samsung patent litigation, specifically referencing the provided list of articles and looking for additional press. I need to:

  1. Verify and read each of the provided article URLs.
  2. Search for additional news from various outlets (Reuters, Bloomberg Law, Law360, etc.) using the case caption, party names, patent numbers, and verdict information.
  3. Summarize the reporting, noting key events, significance, and reported figures.
  4. Highlight any differing accounts or information beyond court records.
  5. Attribute every claim to its outlet with a markdown link to the original URL.
  6. Ensure all cited articles were actually found via web search and no URLs/headlines are invented.

I will go through each provided article first and then broaden the search for more.

Verification and Summarization Plan:

  • Yahoo Entertainment, 2026-07-16 — "US probes Samsung for alleged infringement of Netlist's memory-chip patents": Check URL, summarize.
  • IPWatchdog.com, 2026-03-16 — "Netlist, Samsung Spar Over RPI Requirements for PTAB Trial Petitions in Requests for Director Review": Check URL, summarize.
  • Digitimes, 2026-01-05 — "ITC launches formal investigation into Samsung and Google over Netlist patent dispute": Check URL, summarize.
  • GlobeNewswire, 2025-09-19 — "Dual In-line Memory Module (DIMM) Trend Analysis and Forecast Report 2025-2034...": Check URL, determine relevance to the case, summarize if directly discusses the litigation. (This appears to be more of a market report, so I'll be careful to only include if it directly mentions the litigation).
  • Investing.com, 2024-12-11 — "Netlist secures patent validation, seeks injunction against Samsung": Check URL, summarize.
  • Digitimes, 2024-12-09 — "With three consecutive litigation wins against Samsung, who is Netlist?": Check URL, summarize.
  • Techpowerup.com, 2024-11-26 — "(PR) Netlist Wins $118 Million in Second Patent Infringement Trial Against Samsung": Check URL, summarize.
  • Patently Apple, 2024-11-24 — "California Computer Memory Company Netlist wins a second patent infringement case against Samsung": Check URL, summarize.
  • Gadgets360.com, 2024-11-23 — "Samsung Ordered to Pay $118 Million for Infringing Netlist Patents": Check URL, summarize.
  • Investing.com, 2024-07-24 — "Netlist prevails in patent case against Samsung": Check URL, summarize.

After covering the provided articles, I will perform broader searches for additional relevant news.

I will be mindful of the instruction "Build on the previously-generated sections of this case... Do not repeat their content; build on it where relevant." This means I should focus on what the press reported and less on reiterating the procedural history unless the press explicitly highlights it as significant.Recent news and analysis coverage highlights multiple significant developments in the ongoing patent litigation between Netlist and Samsung, extending beyond the specific Federal Circuit appeal (24-1521) to encompass district court verdicts, PTAB challenges, and actions by the International Trade Commission (ITC).

The litigation has recently seen the U.S. government launch probes into Samsung for alleged infringement of Netlist's memory-chip patents, as reported by Yahoo Entertainment on July 16, 2026. This follows an earlier formal investigation launched by the ITC in January 2026 into Samsung and Google over Netlist's patent dispute, indicating a broadening scope of the dispute beyond monetary damages to potential import bans Digitimes. Additionally, Netlist and Samsung were reported by IPWatchdog.com on March 16, 2026, to be sparring over "Real Party in Interest" (RPI) requirements for PTAB trial petitions during requests for Director Review, a procedural battle that underscores the intensity of their patent challenges at the administrative level.

Prior to these developments, Netlist secured significant victories in district court. In late 2024, Netlist won a second patent infringement trial against Samsung, with a jury ordering Samsung to pay $118 million for infringing Netlist's patents. This was widely reported by outlets such as Techpowerup.com on November 26, 2024, Patently Apple on November 24, 2024, and Gadgets360.com on November 23, 2024. This second win built upon a prior victory where Netlist "prevailed in patent case against Samsung," as noted by Investing.com on July 24, 2024. Following these successes, Digitimes published an article on December 9, 2024, titled "With three consecutive litigation wins against Samsung, who is Netlist?", highlighting Netlist's growing prominence in the memory-chip industry through its litigation strategy. Subsequently, Investing.com reported on December 11, 2024, that Netlist was seeking an injunction against Samsung after securing patent validation. While a market trend analysis report from GlobeNewswire in September 2025 discussed growth in the DIMM market, it did not directly cover the Netlist-Samsung litigation.

The consistent reporting across various tech and financial news outlets underscores the significance of this intellectual property battle in the high-stakes memory chip market, particularly as memory technologies like DDR5 become crucial for AI, cloud, and 5G advancements. While the Federal Circuit's affirmance of the '506 patent's unpatentability in case 24-1521 was a setback for Netlist concerning that specific patent, the broader litigation landscape, marked by substantial jury awards and ongoing government investigations, demonstrates Netlist's continued aggressive enforcement of its patent portfolio against major industry players like Samsung and Google.

Plaintiff representatives

Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

Netlist Inc. is represented by counsel from Irell & Manella LLP and Sterne, Kessler, Goldstein & Fox PLLC in this appeal (CAFC Case No. 24-1521).

Here are the details of the identified counsel:

Irell & Manella LLP

  • Jason Sheasby - Lead Counsel. Partner at Irell & Manella LLP, based in Los Angeles, California. Sheasby is a prominent intellectual property attorney, recognized for securing significant verdicts for Netlist against Samsung, including a $303.15 million jury verdict involving five computer memory technology patents, and a $445 million verdict against Micron. He also played a key role in a separate trial where Netlist proved Samsung's material breach of a joint development and license agreement.
  • Richard Crudo - Counsel. His specific role in this appeal is not detailed in the available search results, but he is listed as counsel for Netlist.
  • Philip J. Warrick - Counsel. His specific role in this appeal is not detailed in the available search results, but he is listed as counsel for Netlist.

Sterne, Kessler, Goldstein & Fox PLLC

  • William Milliken - Counsel. He argued for Netlist (appellee) in a related Federal Circuit appeal (Samsung Electronics Co. v. Netlist, Inc., Case No. 23-2133). Sterne Kessler frequently represents Netlist in PTAB proceedings and related appeals.

Defendant representatives

Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

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print(google_search.search(queries=["Netlist Inc v. Samsung Electronics Co., Ltd. 24-1521 CAFC counsel", "Samsung Electronics Co., Ltd. CAFC 24-1521 counsel", "Samsung Electronics Co., Ltd. patent litigation counsel"]))
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The user is asking for the counsel of record representing Samsung Electronics Co., Ltd. in the Federal Circuit case 24-1521. I need to identify the names, roles, firms, office locations, and relevant experience for these attorneys. I will use web search to look for this information, specifically focusing on the CAFC docket for case 24-1521, firm websites, and legal news sources.Based on the available information, the following counsel are identified as representing Samsung Electronics Co., Ltd. in its patent litigation, including matters before the Federal Circuit:

In-House Counsel for Samsung Electronics Co., Ltd.:

  • Matthew Bathon

    • Role: Principal Legal Counsel
    • Firm: Samsung Electronics
    • Office Location: Not specified, but his responsibilities include coordinating Samsung's ITC and district court dockets, and he regularly speaks on IP issues relevant to the ITC.
    • Relevant Experience: Prior to joining Samsung, Mr. Bathon was a partner at Steptoe LLP, focusing on Section 337 investigations before the International Trade Commission (ITC) and IP disputes in district courts across various technologies including semiconductors, telecommunications, and computer architecture. He also served as a senior investigative attorney in the ITC's Office of Unfair Import Investigations.
  • Tim Jezek

    • Role: Principal Legal Counsel
    • Firm: Samsung Electronics America
    • Office Location: Not specified.
    • Relevant Experience: Mr. Jezek focuses on IP litigation and related policy issues, possessing over two decades of litigation and intellectual property counseling experience in both in-house and law firm settings. He has participated in PTAB Masters and Patent Litigation Masters events.
  • Phillip Lee

    • Role: Principal Legal Counsel
    • Firm: Samsung Electronics US IP Center
    • Office Location: Not specified, but he is licensed in California, New York, and Washington D.C.
    • Relevant Experience: Mr. Lee is a veteran litigator with extensive experience in patent litigation, prosecution, and licensing. He has appeared before federal district courts, the Patent Trial and Appeal Board (PTAB), the International Trade Commission (ITC), and the U.S. Court of Appeals for the Federal Circuit. He manages patent case dockets with outside counsel, negotiates settlements and licenses, and advises on IP provisions in commercial agreements.

Outside Counsel:

While Samsung has retained outside counsel for Federal Circuit appeals in related cases against Netlist (e.g., Baker Botts LLP in Case No. 23-2133), the specific outside counsel of record representing Samsung Electronics Co., Ltd. in case 24-1521 could not be definitively identified from the provided search results. The dockets and opinions reviewed did not explicitly list the external legal team for this particular appeal.