Litigation
Netlist, Inc. v. Samsung Electronics Co., Ltd. et al.
Stayed2:25-cv-00557
- Filed
- 2025-05-19
Patents at issue (1)
Plaintiffs (1)
Summary
Patent infringement case filed by Netlist against Samsung entities. On March 6, 2026, the court ordered a stay in the case.
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., an Irvine, California-based operating company specializing in the design and manufacture of high-performance solid-state drives (SSDs) and modular memory subsystems for enterprise and cloud computing customers. The defendants are multinational electronics giant Samsung Electronics Co., Ltd., along with its American subsidiaries Samsung Electronics America, Inc., and Samsung Semiconductor, Inc. Samsung is a leading global producer of electronic components, including dynamic random-access memory (DRAM) and NAND flash memory chips. Netlist accuses Samsung of infringing its patent through the sale of High-Bandwidth Memory (HBM) products, specifically HBM2, HBM2E, HBM3, HBM3E, and HBM4, which are critical for high-performance computing systems such as data centers.
The sole patent at issue in this case is U.S. Patent No. 12,308,087 (the "'087 patent"), which generally describes an innovative memory package design featuring stacked array dies and reduced driver load, enhancing high-bandwidth memory operations while mitigating load issues to maintain optimal performance in servers. This patent is particularly relevant to current and future artificial intelligence (AI) applications. The case was filed on May 19, 2025, in the U.S. District Court for the Eastern District of Texas, Marshall Division, and is presided over by District Judge Rodney Gilstrap. A related case brought by Netlist against Micron Technology, Inc. (2:25-cv-00558) was consolidated with this lead case on June 27, 2025. The court ordered a stay in the case on March 6, 2026.
This litigation is notable as part of a protracted and high-stakes legal battle between Netlist and Samsung over memory technologies. The Eastern District of Texas remains a popular, albeit more challenging, venue for patent plaintiffs due to its historical reputation for fast trials and patentee-friendly juries and procedures, despite recent Supreme Court rulings on venue. The case also has broader industry implications, particularly concerning high-bandwidth memory, a rapidly expanding market segment driven by AI development, with analysts projecting billions in annual HBM revenues for Samsung. Furthermore, Netlist has pursued parallel enforcement actions, including an investigation by the U.S. International Trade Commission (ITC) against Samsung, Google, and Super Micro for infringement of the '087 patent and others. This ongoing dispute has previously resulted in substantial jury verdicts awarding Netlist hundreds of millions of dollars against Samsung for patent infringement and breach of a joint development agreement.
Key legal developments & outcome
Major rulings, motions, claim construction, settlements, and the present posture or final disposition.
The patent infringement litigation Netlist, Inc. v. Samsung Electronics Co., Ltd. et al. (2:25-cv-00557) in the U.S. District Court for the Eastern District of Texas is currently stayed. The case primarily involves U.S. Patent No. 12,308,087 (the "'087 patent"), and also U.S. Patent No. 10,025,731 (the "'731 patent") asserted in later pleadings.
Here are the key legal developments in chronological order:
- 2025-05-19 – Complaint Filing: Netlist, Inc. filed its initial complaint in the Eastern District of Texas (2:25-cv-00557) against Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Semiconductor, Inc., alleging infringement of U.S. Patent No. 12,308,087. On the same day, Netlist also filed a separate complaint against Micron Technology, Inc. and related entities (2:25-cv-00558), asserting the same '087 patent.
- 2025-05-20 – Declaratory Judgment Actions by Samsung and Micron: Samsung initiated a declaratory judgment action against Netlist in the District of Delaware (1:25-cv-00626), seeking a declaration of non-infringement of the '087 patent. Micron also filed a similar declaratory judgment action in the District of Delaware (1:25-cv-00629) concerning the '087 patent.
- 2025-06-27 – Case Consolidation: The Eastern District of Texas consolidated the Netlist v. Micron case (2:25-cv-00558) into the lead case against Samsung (2:25-cv-00557).
- 2025-07-08 – First Amended Complaint: Netlist filed a First Amended Complaint against Samsung and added Avnet, Inc. as a defendant.
- 2025-07-22 – Micron's Motion to Dismiss for Improper Venue: Micron filed a motion to dismiss Netlist's First Amended Complaint for improper venue (Dkt. No. 28) within the consolidated case.
- 2025-09-30 – ITC Complaint Filed: Netlist filed a complaint with the U.S. International Trade Commission (ITC) against Samsung, Google, and Super Micro, alleging infringement of six patents, including the '087 and '731 patents. Netlist sought exclusion and cease and desist orders.
- 2025-10-09 – Second Amended Complaint: Netlist filed a Second Amended Complaint against Samsung and Avnet, asserting infringement of both the '087 and '731 patents.
- 2025-11-24 – Samsung's Motion to Dismiss for Improper Venue (SSI/SEA) and PTAB Filings Mentioned: A document in the district court case from this date indicates Samsung's arguments for dismissal of claims against Samsung Semiconductor, Inc. (SSI) and Samsung Electronics America, Inc. (SEA) for improper venue. This document also mentions parallel PTAB proceedings, specifically IPR2025-01431 and PGR2025-00071, challenging the '087 patent.
- 2025-12-03 – PGR Filing: Samsung filed a reply in its Post-Grant Review (PGR2025-00071) challenging U.S. Patent No. 12,308,087.
- 2026-03-06 – Order Granting Dismissal/Transfer for Micron and Case Stay: The court granted Micron's motion to dismiss the claims against it for improper venue and transferred the member case (2:25-cv-00558) to the District of Delaware. The court found that Netlist failed to establish a regular and established place of business for Micron in the Eastern District of Texas. On the same date, the lead case (2:25-cv-00557) against Samsung was stayed by agreement of the parties.
Current Posture:
The case is currently stayed in the Eastern District of Texas. The parallel PTAB proceedings, including PGR2025-00071 and IPR2025-01402, initiated by Samsung against the '087 patent, are ongoing, with disputes regarding the identification of real parties in interest. Additionally, an ITC investigation based on Netlist's complaint against Samsung (and others) regarding the '087 and '731 patents is also in progress. The stay in the district court case is likely in anticipation of the outcomes of these related proceedings.
In the news
What the press has reported about this case, summarized with links to the source articles.
I'll research news coverage of this litigation through multiple search angles.
Let me verify the specific articles from the list, starting with the IPWatchdog and Digitimes pieces.
Let me verify the IPWatchdog September 2026 article and the March 2026 IPWatchdog RPI piece.
Press Coverage Summary
The dominant press storyline is the August 5–6, 2026 global settlement. Reuters reported on 2026-08-05 that Netlist "struck a five-year deal to license its memory chip patents to Samsung," giving Samsung access to Netlist's server-DIMM and HBM patent portfolio while Samsung supplies DRAM and NAND to Netlist and purchases 10 million Netlist shares, with the parties agreeing to "settle and mutually release all pending legal actions." Yonhap (2026-08-06) quoted Netlist CEO C.K. Hong calling it a renewed partnership that "validate[s] the value of Netlist's intellectual property." Korean and trade press put specific numbers on the deal: BusinessKorea (2026-08-06) reported a $239 million (~340 billion won) upfront license fee plus quarterly, sales-linked payments capped at $32.9 million per quarter through Q2 2031, for a maximum total of $897 million (~1.278 trillion won), alongside up to $300 million/year of DRAM/NAND supply through Samsung Semiconductor Inc. (SSI) and a $1 million purchase of 10 million Netlist shares. Digitimes headlined the same "$897 million" ceiling, while Sterne Kessler — which served as Netlist's lead ITC counsel — put the figure at "as much as $898 million," with up to $1.5B of DRAM/NAND supply, and confirmed the deal ended "actions before the U.S. ITC and in the Eastern District of Texas" while Netlist continues defending its patents against non-Samsung third parties.
Outlets frame the settlement as the payoff of a multi-year, high-stakes fight with outsized importance because of AI-driven HBM demand. Reuters noted prior Texas jury awards of $303 million (2023) and $118 million (2024), and that the deal came "weeks after U.S. trade regulators launched an investigation into Samsung memory chips" covering products sold by Google, Nvidia, Broadcom, and Super Micro. BusinessKorea traced the fight to the parties' 2015 joint development and license agreement, terminated by Netlist in 2020. Market coverage emphasized the equity reaction: Yahoo Finance reported Netlist shares on track for their biggest single-day gain in over five years, and TradingKey via Mitrade reported a 58.32% close — its largest daily gain since listing — adding financial context (Netlist's H1 2026 IP legal costs of ~$25.7 million, FY2025 revenue of $188.6 million) and characterizing the near-$900M license stream as nearly pure-profit funding for next-generation AI memory R&D. Trade analysis at Edgen.tech observed the deal "removes one of the largest overhangs on Netlist's stock," leaves the Micron and Google disputes unresolved, and could serve as a template or "precedent" for those cases, while noting Samsung's 10-million-share purchase gives it "a direct stake in Netlist's future success."
Parallel PTAB/CAFC and ITC developments drew substantial specialized coverage. IPWatchdog (2026-02-23) reported the Federal Circuit's February 20, 2026 affirmance of PTAB decisions upholding Netlist's '314 patent against Micron IPRs — the third CAFC validity affirmance for Netlist in 12 months, per Netlist's own press release, which tied the '608 and '523 patents to the ITC complaint against Samsung, Google, and Super Micro. Korean press covered the same thread: IPDaily and Press9 reported that three of the six patents in Netlist's ITC case against Samsung had validity rulings in Netlist's favor, weakening Samsung's invalidity defense; ZDNet Korea (2026-05-17) reported Samsung failed to invalidate Netlist's '608 and '366 patents before the CAFC/PTAB, with the ITC's first determination expected May 2027. Finally, the IPWatchdog article dated 2026-09-02 (titled "Federal Circuit Upholds PTAB Obviousness Finding Against Memory Module Patent") describes a precedential CAFC decision issued the same day in Netlist, Inc. v. Micron Technology, Inc. affirming a PTAB final written decision that all challenged claims of a Netlist memory patent were obvious — i.e., a countervailing loss for Netlist in the related Micron litigation, not in the Samsung case itself, showing the mixed appellate record press coverage reflects.
Accounts differ on details, and commentary goes well beyond the docket. The headline maximum fluctuates between $897 million (BusinessKorea, Digitimes) and $898 million (Sterne Kessler), and BusinessKorea's lede ("~1.3 trillion won / US$1 billion") exceeds its own later $897M calculation; outlets also variously describe the arrangement as a one-way license (Reuters, Yonhap) versus a "cross-license" (Edgen.tech, news1). Retail-investor and analyst commentary collected on InvestorsHub goes furthest beyond the record, arguing the Samsung deal is "not precedent [but] a comparable" that establishes a "reference price paid by a sophisticated party," potentially boosting Netlist's leverage against Micron and Google, and a Sigma Law Group blog post cited there frames the settlement as the sequenced precursor to a "second wave" ITC/district-court campaign against remaining implementers. One caveat: I could not independently retrieve every article on the supplied index (the 2026-07-16 Yahoo Entertainment ITC-probe piece, the two Biztoc items, and the January 2026 Digitimes ITC-investigation piece were not directly openable in my searches, though Reuters independently corroborates the July 2026 ITC probe and its downstream-Google/Nvidia/Broadcom/Super Micro scope), so those specific items rest on the index alone.
Sources
- Samsung Electronics settles patent dispute with Netlist through 5-yr licensing deal | Yonhap News Agency - SEARCH
- Netlist与三星电子达成专利纠纷和解,双方构建战略联盟 - 今日头条
- Sterne Kessler Client Netlist Negotiates Five-Year Patent Alliance With Samsung - Washington, D
- Sterne Kessler Client Netlist Negotiates Five-Year Patent Alliance with Samsung - Aug 11, 2026 10:14 AM Eastern Daylight Time
- Samsung Electronics settles patent dispute with Netlist through 5-year licensing deal - The Korea Times - Samsung Electronics settles patent dispute with Netlist through 5-year licensing deal
- NLST Stock Sees Biggest Single-Day Gain In 5 Years After Samsung Ends Patent Fight, Takes 10M Share Stake - Skip to navigation Skip to main content Skip to right column
- Netlist与三星电子达成专利纠纷和解,双方构建战略联盟
- Netlist, Samsung sign 5-year cross-license pact for AI memory tech - 返回
- 三星电子与Netlist公司达成专利纠纷和解
- Netlist v. Samsung & Micron: US10860506B2 Patent Appeal | PatSnap - Your Agentic AI Partner
- 美 연방항소법원(CAFC), 넷리스트 특허 유효성 3번째 확인…삼성전자 특허침해 소송과 ITC 판정에 영향 미칠듯
- Bundesberufungsgericht bestätigt Aufhebung des Netlist-Speicherpatents in Samsung-Berufungsverfahren - Ihr Partner für künstliche Intelligenz
Plaintiff representatives
Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Irell & Manella
- Jason G. Sheasby · Lead Counsel
- Andrew J. Strabone · Counsel
- Blair A. Silver · Counsel
- Andrew Henderson · Counsel
- Michael William Tezyan · Counsel
- McKool Smith
- Jennifer Leigh Truelove · Local Counsel
In the patent infringement case Netlist, Inc. v. Samsung Electronics Co., Ltd. et al. (Case No. 2:25-cv-00557) in the U.S. District Court for the Eastern District of Texas, the following attorneys represent the plaintiff, Netlist, Inc.:
Jason G. Sheasby
- Role: Lead Counsel
- Firm: Irell & Manella LLP, Los Angeles, CA
- Experience: Mr. Sheasby is an experienced trial attorney focusing on complex litigation, patents, trade secrets, antitrust, and regulatory compliance. He has a notable track record of securing significant jury verdicts for Netlist against Samsung, including a $303.15 million verdict in 2023 for willful infringement of five computer memory technology patents in the Eastern District of Texas and co-led a team that successfully proved a breach of contract by Samsung resulting in $421 million in patent infringement damages in 2025. He has also achieved major verdicts for other clients, such as over $500 million for USAA against Wells Fargo and PNC Bank for remote deposit technology patents, and a $300 million verdict for PanOptis against Apple concerning LTE standard-essential patents, both in the Eastern District of Texas.
Andrew J. Strabone
- Role: Counsel
- Firm: Irell & Manella LLP, Los Angeles, CA
- Experience: Andrew Strabone was part of the team that secured a $218.45 million jury verdict for USAA in a patent infringement suit against PNC Bank.
Blair A. Silver
- Role: Counsel
- Firm: Irell & Manella LLP
- Experience: Specific patent litigation experience for Blair A. Silver in notable past cases is not immediately detailed in the provided search results.
Jennifer Leigh Truelove
- Role: Local Counsel
- Firm: McKool Smith, P.C., Marshall, TX
- Experience: Jennifer Truelove is associated with McKool Smith, a firm well-known for patent litigation, particularly in the Eastern District of Texas. A specific one-line note on her relevant patent litigation experience or notable past cases is not detailed in the provided search results.
Andrew Henderson
- Role: Counsel
- Firm: Irell & Manella LLP
- Experience: Specific patent litigation experience for Andrew Henderson in notable past cases is not immediately detailed in the provided search results.
Michael William Tezyan
- Role: Counsel
- Firm: Irell & Manella LLP
- Experience: Specific patent litigation experience for Michael William Tezyan in notable past cases is not immediately detailed in the provided search results.
Defendant representatives
Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).
- Covington & Burling
- Alan Rabinowitz · Pro Hac Vice
- Thomas Edward Garten · attorney
- Brian R. Nester · partner
- WilmerHale
- Alice Juwon Ahn · attorney
- Mann, Tindel, Thompson
- Gregory Blake Thompson · local counsel
- Orrick Herrington & Sutcliffe
- Jared B. Bobrow · partner
- Jeremy Jason Lang · partner
- Sarah Kate Mullins · associate
- King & Spalding
- Ryuk Park · counsel
- Michael Robert Rueckheim · partner
- In-house counsel
- Matthew Bathon · in-house
- Phillip Lee · in-house
Here is the identified counsel of record representing the defendant(s) in Netlist, Inc. v. Samsung Electronics Co., Ltd. et al. (2:25-cv-00557):
In-House Counsel:
Matthew Bathon
- Role: Principal Legal Counsel, In-House
- Firm: Samsung Electronics
- Office Location: Unknown (likely US-based given his role coordinating district court dockets)
- Experience Note: Coordinates Samsung's ITC and district court dockets and has extensive experience litigating Section 337 investigations and IP disputes in district courts across various technologies, including semiconductors, LED, and GPS.
Phillip Lee
- Role: Principal Legal Counsel, In-House
- Firm: Samsung Electronics US IP Center (Samsung Research America, Inc.)
- Office Location: Mountain View, CA
- Experience Note: Veteran litigator with substantive experience in patent litigation, patent prosecution, and licensing, having appeared before federal district courts, the Patent Trial Appeal Board, the International Trade Commission, and the U.S. Court of Appeals for the Federal Circuit.
Outside Counsel:
Alan Rabinowitz
- Role: Attorney (Pro Hac Vice)
- Firm: Covington & Burling LLP
- Office Location: Washington, D.C. (Covington & Burling has a large patent litigation practice there)
- Experience Note: Appears on behalf of all Samsung defendant entities. Covington & Burling's patent litigation practice has litigated over 700 patent cases across diverse technologies and venues, including the Eastern District of Texas.
Alice Juwon Ahn
- Role: Attorney
- Firm: WilmerHale (as of September 2025, previously Covington & Burling LLP)
- Office Location: San Francisco, CA
- Experience Note: A leading intellectual property litigator with significant expertise in computer science, electrical engineering, and complex IP matters, including patent litigation and Section 337 investigations.
Thomas Edward Garten
- Role: Attorney
- Firm: Covington & Burling LLP
- Office Location: Palo Alto, CA
- Experience Note: Represents global technology companies in complex patent infringement and trade secret disputes in federal courts and Section 337 investigations before the U.S. International Trade Commission, with over 15 years of experience.
Brian R. Nester
- Role: Partner
- Firm: Covington & Burling LLP
- Office Location: Washington, D.C.
- Experience Note: First-chair trial litigator with extensive patent and trade secret litigation experience before the ITC and federal district courts, having tried over 20 matters to conclusion and represented major technology clients including Samsung.
Gregory Blake Thompson
- Role: Attorney (likely local counsel)
- Firm: Mann, Tindel, Thompson
- Office Location: Nacogdoches, TX (common for local counsel in Eastern District of Texas cases)
- Experience Note: Appears as counsel of record for Samsung.
Jared B. Bobrow
- Role: Partner, Co-Leader of Global IP Practice
- Firm: Orrick Herrington & Sutcliffe LLP
- Office Location: Silicon Valley (Menlo Park), CA
- Experience Note: Focuses on litigating patent disputes nationwide in district courts and at the Patent Trial and Appeal Board, with nearly 30 years of experience in semiconductor, communications, cloud computing, and medical device industries.
Jeremy Jason Lang
- Role: Partner
- Firm: Orrick Herrington & Sutcliffe LLP
- Office Location: Menlo Park, CA
- Experience Note: Member of the Patent Litigation practice, experienced in litigating cases before district courts, state courts, and the International Trade Commission, focusing on semiconductor devices, communication technologies, and software applications.
Sarah Kate Mullins
- Role: Associate
- Firm: Orrick, Herrington & Sutcliffe LLP
- Office Location: San Francisco, CA
- Experience Note: Handles patent, trademark, trade secret, and copyright disputes, with a practice focused on federal litigation for technology companies.
Ryuk Park
- Role: Counsel (as of March 2026, previously at Winston & Strawn)
- Firm: King & Spalding (as of 2026, previously Winston & Strawn LLP)
- Office Location: San Francisco, CA (King & Spalding)
- Experience Note: Seasoned intellectual property lawyer with experience counseling clients in high-tech disputes, leveraging his background as a semiconductor circuit engineer and in-house counsel for a video game company. Advises on patent disputes involving semiconductors, computer architecture, video processing, telecommunications, and consumer electronics.
Michael Robert Rueckheim
- Role: Partner (as of March 2026, previously at Winston & Strawn)
- Firm: King & Spalding (as of March 2026, previously Winston & Strawn LLP)
- Office Location: San Francisco, CA
- Experience Note: Patent litigator who guides leading technology companies through complex patent matters, including district court litigation, PTAB proceedings, and ITC hearings, with a focus on standards-based issues concerning semiconductor, memory, and telecom technologies. Prior to law, he was a semiconductor process technician.