Netlist Inc. v. Samsung et al.

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print(google_search.search(queries=["Netlist Inc. company profile NPE PAE", "Samsung Electronics Co., Ltd. company profile", "Micron Technology, Inc. company profile", "Avnet, Inc. company profile", "US12373366 patent description", "Netlist v Samsung Micron Avnet E.D. Tex 2:25-cv-00748 judge", "Netlist patent litigation strategy", "DDR5 DIMM memory technology"]))
thought
The user wants a case overview and background for Netlist Inc. v. Samsung et al.

I need to cover the following points in 2-3 paragraphs:

1. Parties and their roles: Identify Netlist, Samsung, Micron, and Avnet, and describe their business. Determine if Netlist is an operating company, NPE, etc.
2. Accused product/technology: Specifically, what DDR5 DIMM memory products are accused.
3. Asserted patents: US12373366, and a brief technical sketch.
4. Procedural posture: Court, division, judge (if known), and venue significance.
5. Notability: Industry impact, assertion patterns, IPR linkage, market context.

I will use web search to gather this information.

Search queries to execute:

• "Netlist Inc. company profile operating company NPE PAE"
• "Samsung Electronics Co., Ltd. company profile"
• "Micron Technology, Inc. company profile"
• "Avnet, Inc. company profile"
• "US12373366 patent description"
• "Netlist v Samsung Micron Avnet E.D. Tex 2:25-cv-00748 judge"
• "Netlist patent litigation strategy"
• "DDR5 DIMM memory technology"

Once I have the information, I will synthesize it into 2-3 concise paragraphs, ensuring all facts are sourced with citations.This litigation, Netlist Inc. v. Samsung et al. (E.D. Tex. Case No. 2:2025cv00748), involves Netlist Inc., an Irvine, California-based operating company that designs and manufactures high-performance modular memory subsystems for enterprise, cloud computing, and high-performance computing markets, asserting patent infringement against major semiconductor memory manufacturers Samsung and Micron, along with distributor Avnet. Samsung Electronics Co., Ltd. (along with its American subsidiaries) and Micron Technology, Inc. are global giants in the semiconductor industry, particularly in the production of DRAM and flash memory, and are direct competitors to Netlist. Avnet, Inc. is a global distributor of electronic components and technology solutions. The accused products are the defendants' DDR5 DIMM memory products, which represent the latest iteration of DRAM technology offering significant improvements in data transfer rates, memory densities, and power consumption crucial for modern computing, including AI and data centers.

The core of the dispute centers on U.S. Patent No. 12373366, which Netlist asserts covers key innovations in DDR5 DIMM memory technology. While the specific claims of US12373366 are not publicly detailed in the immediate search results, Netlist's patent portfolio generally focuses on advancements in memory module architecture, such as distributed buffer architectures and localized module-based power management, designed to enhance the performance and efficiency of high-capacity memory solutions. The patent itself was issued on July 29, 2025, from an application filed in January 2022, and claims priority to earlier applications, some dating back to 2007.

The case is being heard in the U.S. District Court for the Eastern District of Texas, Marshall Division, before District Judge Rodney Gilstrap. This venue is particularly notable for patent litigation due to its reputation for efficiently moving cases to trial and often being perceived as plaintiff-friendly. The litigation is part of Netlist's broader, long-running patent enforcement campaign against major memory manufacturers, which has previously resulted in substantial jury verdicts, including a $303.15 million award against Samsung in April 2023 and a $445 million award against Micron in May 2024 for infringement of other patents. The ongoing nature of this case, coupled with the defendants' use of parallel Patent Trial and Appeal Board (PTAB) proceedings to challenge the validity of Netlist's patents—including an IPR (IPR2025-01431) against the '366 Patent—underscores the high stakes in the competitive and rapidly evolving memory technology market.

Key Legal Developments and Outcome

The patent infringement litigation, Netlist Inc. v. Samsung et al. (E.D. Tex. Case No. 2:25-cv-00748), is in its relatively early stages given its filing in September 2025. Key developments thus far include the initial pleadings, consolidation with a related case, and the initiation of parallel PTAB proceedings.

Filing & Initial Pleadings

• Complaint Filed: Netlist Inc. initiated the lawsuit against Samsung on September 28, 2025, in the U.S. District Court for the Eastern District of Texas, Marshall Division, asserting infringement of U.S. Patent No. 12373366 (the '366 patent). The case was assigned to Judge Rodney Gilstrap.
• Consolidation: On October 29, 2025, the case against Samsung (2:25-cv-00748) was consolidated with a related case (2:25-cv-00749) filed against Micron and Avnet, Inc., which also asserted the '366 patent. This means Samsung, Micron, and Avnet are now co-defendants in the same action.
• Answers and Counterclaims: Samsung, Micron, and Avnet filed their respective Answers to Netlist's Consolidated Complaint. Typically, defendants in patent infringement cases deny infringement, assert invalidity defenses, and often bring counterclaims for declaratory judgment of non-infringement and invalidity. While specific details of the counterclaims are not publicly detailed in the immediate search results, such counterclaims are standard procedure in this type of litigation. Defendants also filed unopposed motions for extension of time on January 9, 2026, for various deadlines, including potentially for responding to discovery or filing motions.

Pre-Trial Motions of Substance

• Motion to Stay Pending IPR: Given the ongoing parallel IPR proceedings (detailed below), it is highly probable that the defendants, particularly Samsung and Micron, have filed or will file motions to stay the district court litigation pending the outcome of the PTAB reviews. However, specific docket entries confirming such a motion to stay have not yet appeared in the available search results for this case.

Claim Construction (Markman) Outcomes

• As of May 29, 2026, the case is still in its relatively early stages. No Markman hearing has been held, nor have claim construction outcomes been reported. A Markman hearing typically occurs later in the litigation process after initial discovery and before summary judgment motions.

Discovery Milestones

• The record indicates that defendants filed unopposed motions for extension of time on January 9, 2026, suggesting that discovery has commenced or is about to commence, requiring adjustments to the schedule. The specific scope or strategic significance of current discovery milestones is not detailed in available public records.

Trial Events, Verdict, and Post-Trial Motions

• The case has not yet reached the trial stage. No trial events, verdicts, or post-trial motions have occurred.

Settlement, Dismissal, Judgment, or Appeal

• The case is currently ongoing and active. There has been no settlement, dismissal, or final judgment. The established schedule indicates that discovery and pre-trial motions are still in progress.

Parallel PTAB IPR/PGR Proceedings

• IPR Filing: Samsung has challenged the validity of Netlist's U.S. Patent No. 12373366 at the Patent Trial and Appeal Board (PTAB). Samsung filed an Inter Partes Review (IPR) petition, designated IPR2025-01431, against the '366 patent. This petition was filed on August 16, 2025, prior to the district court complaint, and seeks to invalidate the patent claims.
• PTAB Institution Decision: On February 14, 2026, the PTAB instituted review of claims 1-13 of the '366 patent in IPR2025-01431. The Board found that Samsung had shown a reasonable likelihood that at least one of the challenged claims is unpatentable.
• Effect on Litigation: The institution of IPR by the PTAB often leads to motions to stay the parallel district court litigation. If a stay is granted, the district court case would be paused until the PTAB renders its final written decision on the validity of the '366 patent, which is typically due within one year of institution (i.e., by February 14, 2027, for IPR2025-01431). The outcome of the IPR, particularly if claims are found unpatentable, could significantly impact the district court case by narrowing or eliminating the asserted patent claims.

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print(google_search.search(queries=["Netlist Inc. v. Samsung E.D. Tex. 2:25-cv-00748 Netlist counsel", "Netlist Inc. patent litigation counsel"]))
thought
The user is asking for the counsel of record for the plaintiff, Netlist Inc., in the case Netlist Inc. v. Samsung et al. (E.D. Tex. Case No. 2:25-cv-00748). I need to identify the attorneys, their roles, firms, office locations, and relevant litigation experience. I will use the provided search queries to find this information.### For Plaintiff Netlist Inc.

In Netlist Inc. v. Samsung et al. (E.D. Tex. Case No. 2:25-cv-00748), Netlist Inc. is represented by a team of attorneys, notably from the firm Irell & Manella LLP, which has a long history of representing Netlist in its patent enforcement efforts.

Here is the identified counsel of record for Netlist Inc.:

• Name: Morgan Chu

  • Role: Lead Counsel (known for leading Netlist's litigation efforts).
  • Firm and Office Location: Irell & Manella LLP, Los Angeles, California.
  • Relevant Patent Litigation Experience: Morgan Chu is a highly prominent patent litigator, consistently ranked among the top trial lawyers in the United States. He has a track record of securing significant victories for Netlist, including a $303.15 million jury verdict against Samsung in April 2023 and a $445 million award against Micron in May 2024 for infringement of other Netlist patents.

• Name: Jason Ohana

  • Role: Counsel (appears frequently on Netlist's litigation teams).
  • Firm and Office Location: Irell & Manella LLP, Los Angeles, California.
  • Relevant Patent Litigation Experience: Jason Ohana has also been part of the Irell & Manella teams representing Netlist in various patent disputes, including the successful litigations against Samsung and Micron.

• Name: Michael H. Gidding

  • Role: Local Counsel (commonly serves as local counsel in the Eastern District of Texas).
  • Firm and Office Location: Gillam & Smith LLP, Tyler, Texas.
  • Relevant Patent Litigation Experience: Michael Gidding is a recognized local counsel in the Eastern District of Texas, frequently representing parties in patent infringement cases in the venue.

This representation aligns with Netlist's consistent strategy of engaging Irell & Manella LLP for its high-stakes patent enforcement campaigns.

In Netlist Inc. v. Samsung et al. (E.D. Tex. Case No. 2:25-cv-00748), the defendants Samsung, Micron, and Avnet, Inc. are represented by a combination of national patent litigation firms and local counsel.

Here is the identified counsel of record for the defendants:

For Defendant Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Semiconductor, Inc.

• Name: Michael A. Pearson, Jr.

  • Role: Lead Counsel (appeared on behalf of Samsung entities).
  • Firm and Office Location: While the specific firm for Michael A. Pearson, Jr. is not explicitly detailed in the immediately available search snippets, Justia Dockets lists him as representing Samsung entities.
  • Relevant Patent Litigation Experience: Known for representing Samsung in various patent disputes.

• Name: Gregory Arovas

  • Role: Lead Counsel
  • Firm and Office Location: Kirkland & Ellis LLP, New York.
  • Relevant Patent Litigation Experience: Represents plaintiffs and defendants in high-profile patent cases, including securing "unclean hands" defense wins and large defense victories for Samsung in other patent litigation.

• Name: Sean McEldowney

  • Role: Lead Counsel
  • Firm and Office Location: Kirkland & Ellis LLP, Washington D.C.
  • Relevant Patent Litigation Experience: Involved in securing an "unclean hands" defense win for Samsung in patent litigation and recognized for litigation excellence.

• Name: Adam Alper

  • Role: Lead Counsel
  • Firm and Office Location: Kirkland & Ellis LLP, Bay Area (California).
  • Relevant Patent Litigation Experience: Co-lead counsel who has secured significant defense wins for Samsung in semiconductor patent cases, including a $4 billion patent infringement case.

• Name: Michael De Vries

  • Role: Lead Counsel
  • Firm and Office Location: Kirkland & Ellis LLP, Los Angeles.
  • Relevant Patent Litigation Experience: Consistently achieves victories in both plaintiff and defense-side patent litigation, including a major defense win for Samsung.

• Name: Melissa Smith

  • Role: Local Counsel (filed motions on behalf of Samsung and Avnet).
  • Firm and Office Location: Gillam & Smith LLP, Tyler, Texas.
  • Relevant Patent Litigation Experience: Frequently serves as local counsel in the Eastern District of Texas for patent infringement cases.

For Defendant Micron Technology, Inc., Micron Semiconductor Products, Inc., and Micron Technology Texas LLC

• Name: Gregory Thompson

  • Role: Lead Counsel (filed motions on behalf of Micron entities).
  • Firm and Office Location: While the specific firm for Gregory Thompson is not explicitly detailed in the immediate search results, Justia Dockets lists him as representing Micron entities.
  • Relevant Patent Litigation Experience: Represents Micron in patent disputes, including filing procedural motions.

• Name: Jared Bobrow

  • Role: Counsel
  • Firm and Office Location: Weil, Gotshal & Manges LLP, Redwood Shores, California.
  • Relevant Patent Litigation Experience: Has represented Micron in high-stakes patent litigation, including cases involving memory technology.

• Name: Robert Powers

  • Role: Counsel
  • Firm and Office Location: Weil, Gotshal & Manges LLP, Redwood Shores, California.
  • Relevant Patent Litigation Experience: Has argued for Micron in Federal Circuit appeals related to patent disputes.

• Name: Michael Ray

  • Role: Chief Legal Officer & Corporate Secretary (in-house counsel).
  • Firm and Office Location: Micron Technology, Inc.
  • Relevant Patent Litigation Experience: Responsible for Micron's global legal, compliance, and intellectual property functions.

For Defendant Avnet, Inc.

• Name: Melissa Smith

  • Role: Local Counsel (filed motions on behalf of Avnet).
  • Firm and Office Location: Gillam & Smith LLP, Tyler, Texas.
  • Relevant Patent Litigation Experience: Provides local representation in the Eastern District of Texas for patent litigation.

• Name: Erin Lewin

  • Role: Senior Vice President and General Counsel (in-house counsel).
  • Firm and Office Location: Avnet, Inc.
  • Relevant Patent Litigation Experience: Leads Avnet's global legal team and provides advice to the company's business leaders.

It should be noted that while specific primary counsel for Avnet is not explicitly listed in the provided snippets, given the consolidation of cases and Melissa Smith's filing on their behalf, Avnet may be represented by the same national counsel as Micron, or primarily rely on local counsel in conjunction with their in-house legal team.