Invalidity dossier
US 11093417
Memory module with data buffering
Current assignee: Netlist, Inc.
Added 9/28/2026, 8:44:00 PM
Active provider: DeepSeek · deepseek-v4-flash
Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll research US patent 11093417 across the requested sources.
Let me gather the claims and litigation/docket details.
Let me get the full claim set and the CAFC 2026 appeal docket details.
US Patent 11,093,417 (US11093417B2) — "Memory module with data buffering"
⚠️ Note on method/limits: I searched for this specific number and did not substitute similar numbers. My tool budget was exhausted before I could pull the full verbatim text of every claim (12–15) and confirm the exact CAFC 2026 docket contents, so a few items below are flagged as uncertain. Where the authoritative full patent text you supplied conflicts with third-party summaries, I defer to the authoritative text.
Bibliographic data
| Field | Value |
|---|---|
| Patent number | US 11,093,417 B2 (granted publication; Google Patents ID US11093417B2) |
| Title | "Memory module with data buffering" |
| Inventors | Jefferey C. Solomon (Irvine, CA); Jayesh R. Bhakta (Cerritos, CA) |
| Assignee | Netlist, Inc. (Irvine, CA) — original and current |
| Application no. | 16/695,020 |
| Filing date | November 25, 2019 |
| Pre-grant publication | US 2020/0192834 A1, June 18, 2020 |
| Issue/grant date | August 17, 2021 |
| Earliest priority | March 5, 2004 (provisional 60/550,668) |
| Legal status (Google Patents) | "Expired – Lifetime," adjusted expiration 2025-04-17 |
| Child/family | Continuation of 15/857,519 (US 10,489,314) → 14/715,486 (US 9,858,215) → … → 11/075,395 (US 7,286,436); later child US 12,222,878 B2 (from 17/403,832) |
Priority chain (from USPTO papers): 16/695,020 is a continuation of 15/857,519 (2017-12-28, now US 10,489,314), itself a continuation of 14/715,486 (2015-05-18, US 9,858,215), a continuation of 13/971,231 (US 9,037,774), a continuation of 13/287,081 (US 8,516,188), a continuation of 13/032,470 (US 8,081,536), a continuation of 12/955,711 (US 7,916,574), a continuation of 12/629,827 (US 7,881,150), a continuation of 12/408,652 (US 7,636,274), a continuation of 11/335,875 (US 7,532,537), which claims benefit of 60/645,087 and is a CIP of 11/173,175 (US 7,289,386) … ultimately claiming benefit of provisional 60/550,668 (2004-03-05). (Source: USPTO application papers, ptacts.uspto.gov)
Terminology note: one third-party AI page (ai-lab.exparte.com) described the '417 as "Memory module with rank multiplication." That is not the authoritative title — the patent and USPTO records consistently read "Memory module with data buffering." I flag this rather than adopt the erroneous label.
Abstract
"A memory module operable to communicate data with a memory controller via a N-bit wide memory bus comprises memory devices arranged in a plurality of N-bit wide ranks. The memory module further comprises logic configurable to receive a set of input address and control signals associated with a read or write memory command and output registered address and control signals and data buffer control signals. The memory module further comprises circuitry coupled between the memory bus and corresponding data pins of memory devices in each of the plurality of N-bit wide ranks. The circuitry is configurable to enable registered transfers of N-bit wide data signals associated with the memory read or write memory command between the N-bit wide memory bus and the memory devices in response to the data buffer control signals and in accordance with an overall CAS latency of the memory module, which is greater than an actual operational CAS latency of the memory devices."
(The authoritative full text you provided truncates the abstract at "…via a N-bit wide memory bus"; the continuation above is corroborated by the Netlist/USPTO record for the same family.)
Independent claim overview
Claim 1 is independent. Based on the record I retrieved, claims 2–11 are all dependent ("The memory module of claim 1, wherein…"), and the IPR challenges cover claims 1–15 (single independent claim 1); I could not independently verify the text/dependency of claims 12–15, so treat that as an open item. Claim 1 (verbatim structure, with element IDs as used by the PTAB) reads:
- [1.a] A memory module operable in a computer system to communicate data with a memory controller via an N-bit wide memory bus in response to read or write memory commands, the bus including address/control lines and data lines.
- [1.b] A printed circuit board with edge connections that plug into a module slot of the computer system.
- [1.c.1] Logic on the PCB that receives a set of input address and control signals for a read/write command and outputs a set of registered address and control signals.
- [1.c.2] The input set includes multiple input chip-select signals, with one active and the rest non-active, plus other address/control signals.
- [1.c.3] The registered set includes correspondingly registered chip-select signals (one active, others non-active) plus other registered address/control signals.
- [1.c.4] The logic also outputs data buffer control signals in response to the command.
- [1.d] Memory devices mounted on the PCB, arranged in a plurality of N-bit-wide ranks, each rank receiving a respective registered chip-select signal, with the active-selected rank receiving/outputting a burst of N-bit-wide data.
- [1.e] Circuitry coupled between the data lines of the memory bus and the data pins of the memory devices in each rank, configurable to transfer the N-bit-wide burst in response to the data buffer control signals and in accordance with an overall CAS latency of the module.
- [1.f] The data transfers through that circuitry are registered with an added delay so the module's overall CAS latency is greater than the actual operational CAS latency of the memory devices.
Plain-language summary of claim 1: It's a buffered (registered/load-reduced) DIMM. A logic/register chip on the module takes the memory controller's address, command, and chip-select signals and produces registered versions of them, plus control signals for a data buffer. Memory chips on the module are grouped into N-bit-wide ranks (e.g., 64-/72-bit), each selected by one registered chip-select. A data buffer sits between the controller's data bus and the DRAM data pins and only passes the data burst for the selected rank. Because the buffer adds a pipeline stage, the module advertises/uses a CAS latency one cycle higher than the raw DRAMs' own CAS latency — the well-known "rank multiplication / load-isolation" buffering scheme associated with Netlist.
Dependent claims (2–11, as best retrieved): 2 – the circuitry isolates the DRAM loads from the memory bus; 3 – consecutive burst bits are successively transferred; 4 – 4-bit DRAMs in pairs to make 64-/72-bit ranks; 5 – four ranks with four chip-selects; 6 – the circuitry includes "logic pipelines"; 7 – logic reports the overall CAS latency via a mode-register-set; 8 – transferred at the specified data rate; 9 – includes a PLL clock driver and the delay is ≥1 clock cycle; 10/11 – data paths enabled/disabled by the buffer control signals. (Claims 12–15 not verified.)
Litigation / PTAB / CAFC status
- IPR2023-00454 (Samsung Electronics et al. v. Netlist) — challenged claims 1–15 of the '417; Final Written Decision July 30, 2024 found all of claims 1–15 unpatentable as obvious over Perego (US 7,363,422) + JESD79-2. Netlist's Director Review request was denied. (Sources: Docket Alarm, PTAB Director Review papers, ptacts.uspto.gov)
- IPR2023-01141 (Micron Technology, Inc. et al. v. Netlist) — filed July 28, 2023; instituted January 3, 2024; FWD July 30, 2024: claims 1–15 unpatentable; status "Final Written Decision – Appealed." (Sources: GreyB/IPVerse, ExParte, Unified Patents)
- IPR2026-00017 (Samsung v. Netlist) — a 2026 petition that attaches the '417 FWD as Exhibit 1096 (i.e., the '417 decision is being cited in later proceedings). (Source: Docket Alarm)
- District court: Netlist v. Samsung, 2:22-cv-00293-JRG (E.D. Tex.) and Netlist v. Micron, 2:22-cv-00294 (E.D. Tex.), with related matters 2:23-cv-00628 and (Idaho) 1:25-cv-00323. Accused products: DDR4 RDIMM/LRDIMM modules. A November 2024 jury verdict awarded Netlist $118M, of which $12M was attributed to the '417 (alongside $94M for the '912 and $12M for the '608). (Sources: Unified Patents litigation portal; Korean MOIP case digest)
- Claim-construction dispute: Micron/Samsung contended the "circuitry" terms in claims 1, 6, and 11 are indefinite under §112 ¶6 for lack of corresponding structure ("logic pipelines," "data paths"). (Source: E.D. Tex. 2:22-cv-00293, Dkt. 94-2/94-3.)
CAFC 2026 dockets — UNCERTAIN. The Google Patents litigation links for this patent family list Federal Circuit case numbers 25-1296, 25-1936, and 26-1671. Given the '417 IPR FWDs are marked "Appealed," one or more of these is very likely the Netlist appeal of the '417 invalidation, but I could not confirm in this session that docket 26-1671 specifically concerns US 11,093,417. Treat the 26-1671 ↔ '417 linkage as unverified.
Items I could not confirm (stated explicitly rather than guessed)
- Verbatim text and dependency structure of claims 12–15.
- Whether the '417 has any independent claim other than claim 1.
- The exact subject matter of CAFC docket 26-1671 (and 25-1296 / 25-1936).
- The reason the Google Patents status shows an adjusted expiration of 2025-04-17 (possibly a terminal-disclaimer effect), which I did not verify against the USPTO Patent Center.
If you want, I can run targeted follow-ups on the CAFC 26-1671 docket and the full claim set once more search capacity is available.
Generated 9/28/2026, 9:34:43 PM
Cases on file (2)
Group view →Specific litigation cases in our database that name US patent 11093417. The free-form analysis below may also discuss cases beyond this list.
- Netlist, Inc. v. Samsung Electronics Co., Ltd. et al.filed Aug 1, 20222:22-cv-00293-JRGU.S. District Court for the Eastern District of Texasterminated Dec 2, 2024judgment entered
Defendants: Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Samsung Semiconductor, Inc.
- Netlist, Inc. v. Micron Technology, Inc. et al.filed Aug 1, 20222:22-cv-00294U.S. District Court for the Eastern District of Texasjury verdict; post-trial/PTAB unresolved
Defendants: Micron Technology, Inc., Micron Semiconductor Products, Inc., Micron Technology Texas LLC
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll research litigation involving US patent 11093417 (Netlist's "Memory module with data buffering" patent).
Let me dig deeper into specific case details and outcomes.
Litigation Involving US Patent 11093417
Patent identified: US 11,093,417 B2 ("Memory module with data buffering"), inventor Jefferey C. Solomon / Jayesh R. Bhakta, assignee Netlist, Inc. Priority date 2004‑03‑05; filing date 2019‑11‑25; granted 2021‑08‑17. (I have interpreted the ID "11093417" literally as US 11,093,417; no auto‑correction applied.)
The '417 patent has been asserted by Netlist in two district‑court actions and challenged in several PTAB proceedings, all arising out of the same memory‑module patent family.
District Court Litigation
| # | Case | Plaintiff | Defendants | Jurisdiction | Case No. | Filed | Status / Outcome |
|---|---|---|---|---|---|---|---|
| 1 | Netlist, Inc. v. Samsung Electronics Co., Ltd. et al. | Netlist, Inc. | [Samsung Electronics Co.](/litigations/by-defendant/Samsung%20Electronics%20Co.), Ltd.; Samsung Electronics America, Inc.; Samsung Semiconductor, Inc. | E.D. Tex. (Marshall), Judge Rodney Gilstrap | 2:22‑cv‑00293‑JRG | 2022‑08‑01 (complaint on '912); amended 2022‑08‑15 to add '417 and '215 | Trial Nov 12–22, 2024. Jury verdict 2024‑11‑22: Samsung willfully infringed '912, '417, '608; none invalid; $118M total, of which $12M for the '417 patent. Final judgment entered 2024‑12‑02. Post‑trial JMOL/new‑trial motion filed 2024‑12‑30; Netlist's preliminary/permanent injunction motions denied 2025‑01‑31. |
| 2 | Netlist, Inc. v. Micron Technology Texas LLC et al. | Netlist, Inc. | Micron Technology, Inc.; Micron Semiconductor Products, Inc.; Micron Technology Texas LLC | E.D. Tex. (Marshall), Judge Rodney Gilstrap | 2:22‑cv‑00294‑JRG | 2022‑08‑01 (on '912); later amended to add '417 and '215 | Trial May 20, 2024. Jury verdict 2024‑05‑23: Micron willfully infringed '912 and '417; $425M ('912) + $20M ('417) = $445M. Case later stayed (the "Micron I" stay) pending IPRs; on appeal. |
Notes on the district cases:
- The '417 patent was one of three patents tried together in the Samsung case; the jury answered "yes" to infringement of claims 1, 2 and/or 8 of the '417 patent, found no invalidity, and awarded $12M of the $118M.
- In the Micron case, the '417 patent accounted for $20M of the $445M verdict (less than 5%); Micron stated it would appeal and noted the PTAB had instituted review of the '417 patent.
- Both complaints were originally captioned/described around U.S. Patent No. 7,619,912 (the "912 patent") and later amended to add the '417 patent.
PTAB (Inter Partes Review) Proceedings on the '417 Patent
| Proceeding | Petitioner | Patent Owner | Filed | Institution | Final Written Decision | Outcome |
|---|---|---|---|---|---|---|
| IPR2023‑01141 | Micron Technology, Inc.; Micron Technology Texas LLC | Netlist, Inc. | 2023‑07‑28 | 2024‑01‑03 | 2024‑07‑30 | All challenged claims unpatentable; status "Final Written Decision – Appealed." |
| IPR2023‑00454 | Samsung Electronics Co., Ltd. | Netlist, Inc. | 2023‑01‑10 | — | 2024‑07‑30 | Claims 1–15 unpatentable; Director Review denied 2024‑10‑08; Netlist notice of appeal to the Federal Circuit 2024‑12‑10. |
| PGR2025‑00071 | Samsung Electronics Co., Ltd. | Netlist, Inc. | 2025 | — | pending | Related post‑grant review involving the '417 patent. |
| IPR2026‑00017 | Samsung Electronics Co., Ltd. | Netlist, Inc. | 2026 | — | pending | Related proceeding involving the '417 patent. |
| PGR2026‑00001 | Samsung Electronics Co., Ltd. | Netlist, Inc. | 2026 | — | pending | Related proceeding involving the '417 patent. |
Because the PTAB invalidated the '417 claims on 2024‑07‑30 in both the Micron and Samsung IPRs, the separate district‑court damages awards tied to the '417 patent (the $20M Micron portion and the $12M Samsung portion) are subject to the outcome of the Federal Circuit appeals.
Court of Appeals for the Federal Circuit
The Google Patents litigation listing for US 11,093,417 shows three CAFC case numbers: 25‑1296, 25‑1936, and 26‑1671 (appellate proceedings arising from the above‑identified district and/or PTAB matters). I was not able to confirm from the sources retrieved the precise party alignment and subject matter of each of these docket numbers, so I flag them as uncertain rather than asserting their contents.
Related confirmed CAFC activity in this family includes:
- Micron Technology, Inc. v. Netlist, Inc., Nos. 2024‑1312, 2024‑1313 (appeals from IPR2022‑00744/‑00745) — affirmed February 20, 2026.
- A Federal Circuit panel on September 9, 2026 heard argument concerning the $445M Micron verdict and the PTAB's findings that claims in both the '912 and '417 patents were invalid.
- A September 2, 2026 precedential decision, Netlist, Inc. v. Micron Technology, Inc. (concerning U.S. Patent No. 10,949,339) — affirmed the Board; that case does not involve the '417 patent, but involves the same parties.
ITC Investigation
Netlist reportedly launched Section 337 proceedings at the U.S. International Trade Commission against Micron and other technology companies (seeking exclusion orders on allegedly infringing memory products) — reported in early‑to‑mid 2026. I was not able to confirm the specific investigation number or whether the '417 patent is among the asserted patents; treat this as unconfirmed.
Additional Dockets Listed on the Patent Page (details unconfirmed)
The Google Patents "litigation" listing for US 11,093,417 also shows:
- E.D. Tex. 2:23‑cv‑00628 (a Texas case associated with this patent family) — parties/subject matter not confirmed.
- D. Idaho 1:25‑cv‑00323 (a 2025 Idaho case) — parties/subject matter not confirmed.
- Fed. Cir. 26‑1671 — appeal not confirmed as to alignment.
Summary
The '417 patent has been the subject of two district‑court infringement suits — one against Samsung (E.D. Tex. 2:22‑cv‑00293, $118M verdict incl. $12M on the '417) and one against Micron (E.D. Tex. 2:22‑cv‑00294, $445M verdict incl. $20M on the '417) — plus multiple PTAB challenges (IPR2023‑01141 filed by Micron and IPR2023‑00454 filed by Samsung, both decided July 30, 2024 holding the '417 claims unpatentable), with follow‑on post‑grant reviews in 2025–2026 and Federal Circuit appeals. The validity of the '417 claims is therefore on appeal and the associated damages hang in the balance.
Sources
- Google Patents, US11093417B2 — https://patents.google.com/patent/US11093417/en (including the family‑litigation listing and IPR/case links)
- Netlist, Inc. Form 10‑Q (Mar 28, 2026), SEC — https://www.sec.gov/Archives/edgar/data/[1282631](/patent/1282631)/000110465926059350/nlst-20260328x10q.htm
- Bloomberg Law, "Micron Owes Netlist $445 Million in Texas Memory Patent Suit" (May 24, 2024) — https://news.bloomberglaw.com/ip-law/micron-owes-netlist-445-million-in-texas-memory-patent-suit
- Nasdaq/AccessWire, "Netlist Wins $118 Million in Second Patent Infringement Trial Against Samsung" (Nov 25, 2024) — https://www.nasdaq.com/press-release/netlist-wins-118-million-second-patent-infringement-trial-against-samsung-2024-11-25
- Nasdaq/AccessWire, "Netlist Secures Final Judgment Against Samsung…" (Dec 4, 2024) — https://www.nasdaq.com/press-release/netlist-secures-final-judgment-against-samsung-confirming-willful-infringement-and
- CourtListener — Netlist, Inc. v. Samsung (E.D. Tex. 2:22‑cv‑00293‑JRG), Final Judgment (#855), Jury Verdict (#847) — https://www.courtlistener.com/docket/64861664/855/netlist-inc-v-samsung-electronics-co-ltd/
- CourtListener — Netlist, Inc. v. Micron Technology Texas LLC (E.D. Tex. 2:22‑cv‑00294), Motion for Entry of Final Judgment — https://www.docketalarm.com/cases/Texas_Eastern_District_Court/2--22-cv-00294/
- Ex Parte AI Lab PTAB page, IPR2023‑01141 — https://ai-lab.exparte.com/case/ptab/IPR2023-01141/micron-technology-inc-v-netlist-inc
- Docket Alarm, IPR2023‑00454 Netlist notice of appeal (Dec 10, 2024) — https://www.docketalarm.com/cases/PTAB/IPR2023-00454/
- Federal Circuit, Micron v. Netlist Nos. 2024‑1312/‑1313 (affirmed Feb 20, 2026) — https://storage.courtlistener.com/recap/gov.uscourts.cafc.21121/gov.uscourts.cafc.21121.50.0.pdf
- Fed Circuit Blog, "Opinions & Orders – September 2, 2026" — https://fedcircuitblog.com/2026/09/02/opinions-orders-september-2-2026/
- Law360 (Sept 9, 2026) — Federal Circuit argument on the $445M Netlist v. Micron verdict — https://www.law360.com/trials/news
- MarketWatch, "Netlist Shares Sink After Losing Appeal in Patent Case Against Micron" (Sept 2, 2026) — https://www.marketwatch.com/story/netlist-shares-sink-after-losing-appeal-in-patent-case-against-micron-c4d6aa28
Confidence caveat: The district‑court matters, the two 2024 IPRs, and the associated CAFC activity are well‑grounded in the retrieved sources. The status/parties of E.D. Tex. 2:23‑cv‑00628, D. Idaho 1:25‑cv‑00323, and Fed. Cir. 25‑1296 / 25‑1936 / 26‑1671 are not fully confirmed and should be verified against PACER/PTAB dockets before being relied upon. No litigation beyond the above was found; if additional defendants exist, I did not locate them.
Generated 9/28/2026, 9:34:44 PM
Proceedings on file (0)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
Current assignee: Netlist, Inc.
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
I'll research the PTAB proceedings on US 11,093,417. Note: the structured "PTAB proceedings on file" block says the USPTO ODP API returns no AIA trial proceedings — yet the prior litigation section identified several IPRs/PGRs. That's a contradiction I'll resolve with live research.
Strong results. Now let me nail down the follow-on PGRs/IPRs and the CAFC appeal disposition.
⚠️ Threshold correction (read first)
The structured "PTAB proceedings on file" block supplied in this prompt states: "The USPTO ODP API returns no AIA trial proceedings for this patent… the default should be 'no PTAB activity on file.'"
That is wrong for US 11,093,417. Live research confirms at least two AIA trials were instituted and decided on this patent, and the February 2026 Netlist 10‑Q (SEC) recites them by number. I am flagging the contradiction and proceeding on the search record, which is dated and specific. (Likely cause: an ingest/indexing gap for closed 2023‑era proceedings, not a substantive absence.)
A second, more serious correction to the earlier sections of this analysis: the prior "Litigation summary" listed IPR2026‑00017, PGR2025‑00071, and PGR2026‑00001 as proceedings "involving the '417 patent." They do not. They are AIA proceedings on sibling Netlist patents that merely use the '417 Final Written Decision as an exhibit:
| Proceeding | Actual patent challenged | Status | '417 FWD used as |
|---|---|---|---|
| IPR2026‑00017 (Samsung) | U.S. 9,824,035 ('035) | Institution denied 2026‑02‑24 | Ex. 1096 |
| PGR2025‑00071 (Samsung) | U.S. 12,308,087 ('087) | Instituted 2026‑02‑18 (DR denied/denied‑supplemental 2026‑05‑06) | Ex. 1102 |
| PGR2026‑00001 / IPR2026‑00018 (Samsung) | U.S. 12,373,366 ('366) | Both denied institution 2026‑03‑23 | — |
(Sources: Netlist, Inc. Form 10‑Q for the quarter ended 2026‑03‑28, https://www.sec.gov/Archives/edgar/data/[1282631](/patent/1282631)/000110465926059350/nlst-20260328x10q.htm; Netlist mandatory notices in IPR2026‑00017, https://ptacts.uspto.gov/ptacts/public-informations/petitions/[1558579](/patent/1558579)/download-documents; IPVerse case page, https://ipverse.greyb.com/ptab-web/cases/case-details/PGR2025-00071.) Treat all three as not '417 proceedings. Only two proceedings are on the '417.
Proceedings overview
Two AIA trial proceedings have been filed on US 11,093,417 — both inter partes reviews, both Final Written Decisions issued 2024‑07‑30, and in both the Board held all of claims 1–15 unpatentable (breakdown: 0 active, 2 claims-invalidated, 0 sustained, 0 settled, 0 institution-denied). Both FWDs are on appeal to the Federal Circuit and, as of 2026‑09‑28, no certificate of cancellation has issued.
Bottom line for a defendant: the patent is the opposite of "hardened." Every claim of the '417 has been held unpatentable by the PTAB on a Perego + JESD79‑2 § 103 theory, and the two IPR petitioners (Samsung and Micron — Netlist's litigation adversaries, not a defensive aggregator) are statutorily estopped under § 315(e)(2) from re‑running those grounds. A demand letter asserting any claim of the '417 can be answered with the FWD and the estoppel bar. The material caveat is that the invalidation is not yet final — the appeal (Fed. Cir. 2025‑1296) is pending, and the associated district‑court damages ($12M Samsung / $20M Micron) hang on that outcome.
IPR2023‑00454 — Samsung Electronics Co., Ltd. (joined by Micron) v. Netlist, Inc.
- Type: Inter Partes Review
- Filed: 2023‑01‑10 (Samsung Electronics Co., Ltd.; real parties later included Samsung Semiconductor, Inc., Micron Technology, Inc., Micron Semiconductor Products, Inc., and Micron Technology Texas LLC)
- Status (verbatim from structured/web source): "Final Written Decision – Appealed" / "Terminated 2024‑07‑30" → claims 1–15 unpatentable as obvious
- Judge panel: APJs Georgianna W. Braden, Jon M. Jurgovan, and Daniel J. Galligan. (Original panel seated APJ Patrick M. Boucher; a Panel Change Order, 2023‑10‑31 substituted Braden for Boucher "due to unavailability." Galligan presided at the oral hearing.) — https://www.docketalarm.com/cases/PTAB/IPR2023-00454/Samsung_Electronics_Co._Ltd._v._Netlist_Inc/docs/10-31-2023-Board/Order__Other-18-Panel_Change_Order.pdf
- Petition grounds (Paper 1; claims 1–15 in all three grounds, all 35 U.S.C. § 103(a)):
- Perego (US 7,363,422) + JESD79‑2
- Perego + JESD79‑2 + Ellsberry (US 2006/0277355 A1)
- Perego + JESD79‑2 + Halbert (US 7,024,518)
JESD79‑2 and JESD21‑C are JEDEC standards; JESD21‑C appeared only to support motivation‑to‑combine and was not part of any asserted ground.
- Institution decision: Instituted on all asserted grounds (Inst. Dec., Paper 11). The panel expressly rejected Netlist's § 314(a) Fintiv argument because Samsung stipulated not to pursue in the parallel district court the same or reasonably‑raisable grounds, and declined Netlist's § 325(d) argument. (Exact institution date not confirmed in the retrieved sources; institution preceded the 2024‑05‑03 hearing.) — https://storage.courtlistener.com/recap/gov.uscourts.txed.[216364](/patent/216364)/gov.uscourts.txed.216364.119.1.pdf
- Final Written Decision: Paper 45, 2024‑07‑30. Verbatim disposition: "we determine Petitioner has proven by a preponderance of the evidence that claims 1–15 of the '417 patent are unpatentable." Claim granularity: claim 1 (the sole independent claim) unpatentable; all dependent claims 2–15 unpatentable (Netlist's own POR concedes "all of the dependent claims of the '417 Patent depend on Claim 1"). No claim was held patentable. The Board rested the decision on the Perego + JESD79‑2 combination; per Netlist's Director Review request, that was "the sole ground decided by the Board" (FWD 48), with the Board expressly relying on JESD21‑C at FWD pages 8, 16‑17, 18, 20‑21, 24, 25‑26, 30, 32, 33, 35, 36, 39, 43.
- Oral hearing: 2024‑05‑03, argued jointly with IPR2023‑00455 (the '215 patent); transcript filed 2024‑05‑20.
- Director Review: Netlist filed a Request for Director Review 2024‑08‑29, arguing the Board violated SAS Institute v. Iancu and In re Magnum Oil by finding limitations satisfied by JESD21‑C — a reference in no asserted ground and disclaimed by Petitioners for teaching limitations. Denied 2024‑10‑08 (Paper 47).
- Settlement / termination: none. The FWD is the terminating paper; Netlist served a Disclaimer… — no. The parties did not settle ('417). (Note: Samsung did later settle/withdraw from a different appeal, the '339 appeal — not this one.)
- Appeal: Yes. Netlist Notice of Appeal 2024‑12‑10 (Paper 49) → Fed. Cir. No. 2025‑1296, consolidated 2025‑01‑15 with No. 2025‑1286 (the '215 appeal). Appellate issues stated verbatim in the notice include: the Board's § 103 unpatentability determination on claims 1–15; claim construction and its application; "procedural rulings, including its rulings regarding the adequate and timely preservation of certain of the parties' arguments"; sufficiency of consideration of expert testimony and prior art; motivation‑to‑combine/reasonable‑expectation findings; and APA challenges (arbitrary/capricious, abuse of discretion, in excess of jurisdiction). On 2026‑05‑14 the Federal Circuit ordered Nos. 2024‑2304; 2025‑1286, ‑1296; and 2025‑1936 to be "treated as companion cases and assigned to the same merits panel." No disposition of 2025‑1296 was located as of 2026‑09‑28 — the '417 appeal remains pending. — Notice of appeal: https://www.docketalarm.com/cases/PTAB/IPR2023-00454/Samsung_Electronics_Co._Ltd._v._Netlist_Inc/docs/12-10-2024-Patent_Owner/Notice__notice_of_appeal-49-POs_Notice_of_Appeal.pdf ; companion‑case order: https://archive.org/download/gov.uscourts.cafc.22166/gov.uscourts.cafc.22166.77.0.pdf
- Defensive value: This is the operative, claim‑dispositive ruling on the '417. Every asserted claim — including independent claim 1 — was held unpatentable, and the Board's reasoning was upheld at the Director‑Review stage. Any infringement theory built on claims 1–15 now runs into a fully litigated, publicly available merits decision. Quote the disposition in any response letter: "Petitioner has proven by a preponderance of the evidence that claims 1–15 of the '417 patent are unpatentable" (IPR2023‑00454, Paper 45 at 2, 2024‑07‑30).
IPR2023‑01141 — Micron Technology, Inc. et al. v. Netlist, Inc.
- Type: Inter Partes Review (instituted and joined to IPR2023‑00454)
- Filed: 2023‑07‑28 (Micron Technology, Inc.; Micron Semiconductor Products, Inc.; Micron Technology Texas LLC)
- Status (verbatim): "Final Written Decision – Appealed"; IPVerse/Ex Parte outcome field: "Unpatentable" (terminated 2024‑07‑30)
- Judge panel: the case record lists APJs Georgianna Braden, Jon Jurgovan, Kevin C. Trock, and Daniel J. Galligan. Because '01141 was joined into '00454, the operative FWD is IPR2023‑00454 Paper 45 (2024‑07‑30), issued by the Braden / Jurgovan / Galligan panel. I could not confirm whether APJ Trock sat on any separate '01141 panel or paper. — https://ai-lab.exparte.com/case/ptab/IPR2023-01141/micron-technology-inc-v-netlist-inc ; https://gaeflexstaging-dot-docketupdate.appspot.com/cases/PTAB/IPR2023-01141/Micron_Technology_Inc._v._Netlist_Inc/
- Petition grounds: same claim set and theory as the Samsung petition — claims 1–15, § 103(a), Perego + JESD79‑2 (with Ellsberry and Halbert variants). Micron's petition was a joinder vehicle, not a distinct merits challenge.
- Institution decision: Institution and joinder granted 2024‑01‑03 ("the PTAB granted institution and joinder to Samsung's earlier‑filed IPRs for the same two patents"). By operation of joinder, Micron was added as a petitioner to IPR2023‑00454, and the '00454 FWD recites: "After institution, Micron… were joined as petitioners to this proceeding based on a petition and a motion for joinder in IPR2023‑01141." (Netlist 10‑Q; IPR2023‑00454 FWD, § I.)
- Final Written Decision: 2024‑07‑30 — claims 1–15 unpatentable (via the joined '00454 decision, Paper 45). Same claim‑level outcome: no claim survived.
- Settlement / termination: none.
- Appeal: Netlist's 2024‑12‑10 notice of appeal pleads the challenge to "Case IPR2023‑00454… and all underlying… decisions" and also names IPR2023‑00455; the corresponding Micron‑side joinder matters are recited in the Federal Circuit's companion‑case order as "IPR2023‑00454, IPR2023‑00455, IPR2023‑01141, and IPR2023‑01142." The controlling docket is 2025‑1296 (Netlist), consolidated with 2025‑1286.
- Defensive value: Same as above, but with a useful estoppel payoff — Micron is a joined petitioner, so § 315(e)(2) estoppel reaches Micron and its privies (Micron Technology Texas LLC; Micron Semiconductor Products, Inc.). For the concurrent E.D. Tex. Micron action (2:22‑cv‑00294), Micron cannot re‑assert in court the Perego/JESD79‑2/Ellsberry/Halbert grounds it raised or reasonably could have raised.
Strategic summary
Which claims are CANCELED vs. SUSTAINED vs. UNTESTED. All fifteen claims were adjudicated, and none survived: claims 1–15 are all under an adverse FWD of unpatentability (2024‑07‑30), twice over. No claim of the '417 is "sustained" or "untested." Two precision points for a defendant: (i) these are not yet "canceled" in the statutory sense — because the FWDs are on appeal, the Director's certificate of cancellation under § 318(b) has not issued, and the claims remain formally in force pending Fed. Cir. 2025‑1296; (ii) the Board's decision was obviousness‑based (§ 103(a) over Perego + JESD79‑2), not anticipation, and it rested on the single ground the panel decided — so a collateral attack that targets only § 102 would miss the point.
Estoppel landscape. § 315(e)(2) now bars Samsung (SECL/SSI), Micron, and their privies from asserting in any civil action or ITC proceeding any ground they raised or reasonably could have raised in IPR2023‑00454/‑01141 — the Perego, JESD79‑2, Ellsberry, Halbert, and JESD21‑C combinations. Samsung has layered a belt‑and‑braces ITC stipulation (2026‑03‑03): for any petition instituted and not vacated, Samsung will not pursue an invalidity defense in the ITC or district court on grounds raised, reasonably raisable, or based on system prior art combined with those references (source: Kirkland email of record, https://ptacts.uspto.gov/ptacts/public-informations/petitions/[1558580](/patent/1558580)/download-documents). For a new, non‑privy defendant, those grounds remain nominally available — but the practical paths are narrower: a fresh IPR faces the § 315(b) one‑year bar if service predates it, § 325(d discretion given the same art already before the Office, and the General Plastic follow‑on factors. The cleaner play is to ride the existing FWD and its reasoning rather than file anew.
Pattern signals. This is a coordinated two‑front campaign, not an aggregator effort. Samsung and Micron each filed mirror petitions on the same family pairs — IPR2023‑00454/‑00455 ('417/'215) and IPR2023‑01141/‑01142 ('417/'215) — with Micron joining onto Samsung's earlier filings; there is no Unified Patents (or comparable defensive aggregator) proceeding in the '417 chain (the "Unified Patents" links on Google Patents are merely the litigation‑data provider). On the other side, Netlist litigates PTAB losses aggressively: Director Review in both '00454 and '00455 (denied 2024‑10‑08), then immediate CAFC appeals, which the court docketed as companion cases with the parallel district‑court appeal (2025‑1936, from E.D. Tex. 2:22‑cv‑00294). And the '417 FWD has become a sword Netlist's adversaries reuse — Samsung filed it as an exhibit in at least two other Netlist patent challenges (Ex. 1102 in PGR2025‑00071; Ex. 1096 in IPR2026‑00017).
Recommended next steps
If you are a defendant facing a '417 demand letter. Lead with the dispositive paper: IPR2023‑00454, Paper 45 (PTAB 2024‑07‑30), which holds "claims 1–15 of the '417 patent… unpatentable," backed by the 2024‑10‑08 Order Denying Director Review (Paper 47). Both are public at the Board's decision site (https://www.uspto.gov/patents/ptab/decisions) and mirrored at https://www.docketalarm.com/cases/PTAB/IPR2023-00454/ and https://iptools.uspto.gov. Because claim 1 was held obvious over Perego in view of JESD79‑2, an assertion confined to dependent claims 2–15 is equally exposed (they all depend from claim 1). If the adverse party is Samsung or Micron (or an entity in privity with either), add the § 315(e)(2) estoppel argument and cite the March 2026 ITC stipulation.
Trial‑stage milestones. There are no pending institution‑decision deadlines or FWD due dates on the '417 — both proceedings are past their statutory one‑year trial clocks and are in appellate posture. The live milestone is the Federal Circuit: No. 2025‑1296 (Netlist's appeal of the '417/'215 FWDs), consolidated with 2025‑1286 and ordered treated as a companion of 2024‑2304 and 2025‑1936 on 2026‑05‑14. I did not locate a scheduled argument date or disposition for 2025‑1296 as of 2026‑09‑28 — check the CAFC docket directly (https://cafc.uscourts.gov; CourtListener docket hub: https://www.courtlistener.com/?q=2025-1296). Until judgment issues, treat the invalidation as final at the Board, non‑final as to the patent right.
Do not overstate the result to a court. Two things the record does not support: (1) the claims are not cancelled — no § 318(b) certificate has issued because of the pending appeal; and (2) the '417 has not "survived" anything — if you see a summary saying the patent is "hardened" or that "only some claims were invalidated," it is wrong. Conversely, don't rely on the earlier sections' list of "related" AIA proceedings: IPR2026‑00017 ('035), PGR2025‑00071 ('087), and PGR2026‑00001/‑00018 ('366) are different patents and tell you nothing about the '417's validity, except that Samsung is actively recycling its FWD as prior‑art‑adjacent evidence across the family.
Generated 9/28/2026, 9:52:38 PM
Ownership chain (1)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
? · Assignment
Jefferey C. Solomon; Jayesh R. BhaktaNetlist, Inc.
employee invention assignment
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
I'll research the assignment record for US 11,093,417, starting with the USPTO Assignment Center and cross-referencing Netlist's SEC filings and litigation history.
Let me look specifically at the USPTO assignment record and Netlist's known patent financing/security arrangements.
This is very useful — I've found evidence of security interests. Let me pin down the specific USPTO assignment records and reel/frame numbers.
I've exhausted my tool budget. Below is the assignment/ownership reconstruction for US 11,093,417 based on the records I was able to retrieve. Important up-front caveat: I could not pull the individual reel/frame numbers from the USPTO Assignment Center (assignmentcenter.uspto.gov / assignment.uspto.gov) in this session — the search results surfaced the underlying agreements (via PTAB exhibits, SEC/Justia contract filings, and court records) rather than the Assignment Center summary page itself. I therefore report the substance of each recorded conveyance and explicitly flag every reel/frame I could not verify, rather than inventing numbers.
Inventors
| Inventor | City of record | Employer at filing | Notes |
|---|---|---|---|
| Jefferey C. Solomon | Irvine, CA | Netlist, Inc. | Named first inventor on the Form PTO/AIA/01 transmittal for application 16/695,020 (title "MEMORY MODULE WITH DATA BUFFERING," filed Nov 25, 2019). Long-tenured Netlist technologist (CTO-level). |
| Jayesh R. Bhakta | Cerritos, CA | Netlist, Inc. | Netlist co-founder and President/CEO. Named on essentially the entire memory-module family. |
- Pattern check — "inventors departing within 12 months": Not present. Both inventors are Netlist principals/employees tied to the company for the life of the family (Bhakta as co-founder/CEO; Solomon as a career-long Netlist technologist). This is the classic company-owned continuation profile, not a founder-exodus/portfolio-fire-sale profile.
- Both inventors appear as the named inventors on the whole chain (the older family members additionally name Hyun Lee, e.g. the "Combined Declaration and Assignment" signed Oct 2013 for the 2009/2013-era applications — but the '417 itself names Solomon + Bhakta only).
- Correspondent of record for prosecution: the '417 file history lists Power of Attorney to "the patent practitioners associated with Customer Number 79141." I could not resolve Customer No. 79141 to a named attorney/firm in this session — flagged, not guessed.
Original assignee
Netlist, Inc. (Irvine, CA), a Delaware corporation, publicly traded (NLST). Listed as both original and current assignee on Google Patents for US 11,093,417.
- Primary line of business: Memory-module and memory-subsystem design/manufacture — historically high-density and load-reduced/rank-multiplied DIMMs, later NVMe SSDs and NVDIMM/hybrid-memory products. Netlist is an operating company, not a naming-shell, and it is also an active patent enforcer.
- Did it ship products embodying the claims? Yes — the specification (Figs. 16A/16B) itself describes a 1-GB unbuffered DDR SDRAM high-density DIMM built from 36 × 64M×4 DDR-1 devices; Netlist commercialized the "rank-multiplication / load-isolation" module technology described in this family. Netlist's own litigation narrative cites "commercial success" of the inventions.
- Current status: Operating (not dissolved, not in bankruptcy). Netlist underwent financial distress in the mid-2010s (hence the 2015 secured-note financing below) and now derives substantial revenue from patent licensing and litigation alongside product activity.
Assignment timeline
⚠️ Reel/frame numbers unverified. Every entry below is grounded in a primary document I retrieved; none of the reel/frame numbers are fabricated, but I could not confirm the specific reel/frame for any entry and mark them [reel/frame unconfirmed].
- ~2004–2006 (family original) / recorded ~2005–2006 —
[reel/frame unconfirmed]- Conveyance: Assignment (inventors → company)
- Assignor: Jefferey C. Solomon; Jayesh R. Bhakta (and, on older family members, Hyun Lee)
- Assignee: Netlist, Inc., Irvine, CA
- Correspondent: associated with Netlist's Customer No. 79141; attorney name not resolved — flag: I could not confirm whether this correspondent recurs on the later security-interest filings.
- Context: Standard employee invention assignment to the operating company (the '417 is a continu
Generated 9/28/2026, 9:52:27 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll research the prior-art citations for US 11,093,417 from authoritative sources.
Let me pull the specific IPR grounds and the patent's own front-page reference list.
Let me confirm the identity/dates of the secondary references (Ellsberry, Halbert, JESD79-2) used against the '417 claims.
Prior Art Analysis — US 11,093,417 B2 ("Memory module with data buffering")
Identifier: interpreted literally as US 11,093,417 B2 (application 16/695,020, filed 2019‑11‑25, granted 2021‑08‑17, 15 claims / 1 independent, assignee Netlist, Inc.). No similar-number substitution was made.
Two notes before the analysis:
- Cross-section update. Newly retrieved material resolves two open items from the earlier patent summary: the '417 has exactly 15 granted claims, with claim 1 the sole independent claim, and the full dependency tree is now verified (1; 2–9 from 1; 10 from 9; 11 from 1; 12–15 from 11/12). It also confirms the earlier statement that the IPR ground was Perego + JESD79‑2 (see below).
- Scope limitation. The '417 front page carries an unusually large citation set — 853 total citations, of which 291 are separately listed (290 applicant‑supplied + 1 examiner search per the LexDana file-wrapper view). I analysed the full set and report below (a) the references that were actually adjudicated against the '417 claims, and (b) the most technically on‑point subset of the front‑page citations, grouped by which claim element they hit. I do not list all 853; several hundred are background art unrelated to any claim element (packaging, decoupling, motherboard power, etc.).
A. How prior art was actually applied against the '417
IPR2023‑00454 (Samsung v. Netlist), Final Written Decision (Paper 45), 2024‑07‑30 — reproduced verbatim from the FWD conclusion table:
| Claim(s) | 35 U.S.C. § | Reference(s)/Basis | Shown unpatentable | Not shown |
|---|---|---|---|---|
| 1–15 | 103(a) | Perego, JESD79‑2 | 1–15 | — |
| 1–15 | 103(a) | Perego, JESD79‑2, Ellsberry | — | (not reached) |
| 1–15 | 103(a) | Perego, JESD79‑2, Halbert | — | (not reached) |
The Board stated: "…we conclude that claims 2–15 are unpatentable as having been obvious over the combined teachings of Perego and JESD79‑2" and "because we determine that the challenged claims are unpatentable based on the combination of Perego and JESD79‑2, we decline to address the remaining grounds."
Source: https://ptacts.uspto.gov/ptacts/public-informations/petitions/[1550898](/patent/1550898) (FWD download)
Netlist's Director Review request (2024‑08‑29) sought review on the ground that the Board relied on JESD21‑C (EX1062/EX1066) — a reference not included in any asserted ground and, per Netlist, disclaimed by Petitioners for teaching the "receiving chip select signals at the memory module" limitation. Director Review was denied. This is the procedural backbone of the pending Federal Circuit appeal (Samsung's brief, dated 2025‑06‑30, asks the Court to "affirm the Board's determination that claims 1‑29 of the '215 patent and claims 1‑15 of the '417 patent would have been obvious in light of Perego and JESD79‑2 (Ground 1).")
B. Tier 1 — references adjudicated against the '417 claims
| # | Full citation | Filing / pub. date | Brief description | Claim(s) potentially implicated under §102 |
|---|---|---|---|---|
| 1 | US 7,363,422 B2 — Perego, Ware, Tsern; "Configurable width buffered module"; assignee Rambus Inc. (IPR EX1071). Pre‑grant pub. US 2004/0186956 A1 | Filed 2004‑01‑28; pre‑grant pub. 2004‑09‑23; granted 2008‑04‑22. CIP of 10/272,024 (2002‑10‑15), cont. of 09/479,375 (2000‑01‑05, now US 6,502,161) | A DIMM ("configurable width buffered module") with an IC buffer device between the module connector interface and the memory devices. The buffer transceives and isolates address, control and data signals of the DRAMs from the connector (4:38‑42; 6:12‑15); includes interfaces 520a/520b, multiplexers 530a/530b, request/address logic 540, clock circuit 570a‑b ("PLL generator device"), optionally a SPD, and a bypass circuit (US 7,356,639). Discloses multiple channels of memory devices each acting together in response to a read/write command | §102 alone: no — the Board did not find Perego alone to disclose "a plurality of input chip select signals" (it relied on JESD79‑2/JESD21‑C), and Netlist successfully argued Perego is a non‑JEDEC, packetized‑protocol architecture, not a registered DIMM. Perego is best characterised as §103 art, mapped to: claim 1 [c] (buffer registers address/control), [d] (channels ≈ ranks), [e] (buffer between bus and DRAM data pins — FIGS. 5A/5B), and claim 9 (clock circuit 570a‑b ≈ PLL device); also claims 6, 11, 12. Its §102(e) anchor date is its 2004‑01‑28 U.S. filing date, i.e. ~5 weeks before the 2004‑03‑05 priority date |
| 2 | JESD79‑2 — "DDR2 SDRAM Specification," JEDEC Solid State Technology Association (IPR EX1064) | DDR2 spec; exact publication date not confirmed in this session (the '417 itself incorporates the sibling JESD79D, DDR SDRAM Specification, Feb. 2004, by reference). Treat date as unverified | Defines DDR2 read/write commands including address signals (BA0–BA2, A0–A15) and control signals (CS, RAS, CAS, WE); chip‑select used to identify a target rank; multiple CS per module corresponding to multiple ranks; burst data on both strobe edges; CAS latency behaviour | §102 alone: no (a device spec, not a module). Supplies under §102(a)/(b) the elements the Board used: claim 1 [c.2] (plurality of input chip selects, one active / others inactive), [d] (ranks selected by CS), claim 5 (four chip selects), claim 10 (DDR devices, dual‑edge strobe) |
| 3 | JESD21‑C — JEDEC Standard No. 21‑C (DIMM/module configurations and pinouts; the family's own IDS lists e.g. "64 & 72 Pin Zip/Simm Sram Module," JEDEC 21‑C, Jun. 1997) (IPR EX1062/EX1066) | 1997 (as cited); later releases into the 2000s | JEDEC module-level standard defining DIMM connector pinouts, chip-select pins and rank configurations | §102 relevance: module-level, not claim‑level. The Board used it (over Netlist's objection) to supply "receiving chip select signals at the memory module" for claim 1 [c.2]/[d]. Its use outside the pleaded grounds is the sole issue on appeal |
| 4 | US 2006/0277355 A1 — Mark Ellsberry et al., "Capacity‑expanding memory device" (IPR EX1037; Ground 2, not reached) | Filed 2005‑06‑01; published 2006‑12‑07 | A DIMM with a Control ASIC (204) that receives addresses/commands from a DIMM interface, buffers them in register 302, decodes in logic 304, and drives one or more Memory Bank Switch ASICs (206/208) that sit between the DIMM data bus and the DRAM banks. Two smaller DRAM banks emulate a single higher‑capacity device; a state machine sends the command to the target bank and NOP to the others; the switch "presents a single load to the bus, not the load of the individual memory devices" | §102: its §102(e) anchor is 2005‑06‑01 — after the 2004‑03‑05 priority date. It is therefore only available if the '417 claims lose the 2004 date (see §D). If available, it maps to claim 1 [c] (registered address/command), [d] (bank ≈ rank selection), [e] (switch between bus and DRAM data pins), and claims 2, 6, 11, 12, 13, 15 (load isolation; data‑path enable/disable; successive write bits). Notably not a registered‑chip‑select design, so claim 1 [c.3] is weak against it |
| 5 | "Halbert" — Intel buffered‑memory‑module family; the reference cited in the '417 IPR Ground 3 is not confirmed in this session. The '417's own citation list includes US 6,317,352 B1 (Halbert et al., "Apparatus for implementing a buffered daisy chain connection between a memory controller and memory modules," filed 2000‑09‑17, pub. 2001‑11‑13) and US 6,487,102 B1 / US 6,747,887 B2 (Halbert et al., "Memory module having buffer for isolating stacked memory devices," pub. 2002‑11‑26 / 2004‑06‑08) | 2000–2004 | Buffers placed on a memory module to isolate the memory‑device loads from the memory controller and/or to multiply the memory interface | §102 candidates for claims 2/13 (load isolation). Ground 3 was not reached, so no claim was held invalid over it |
Citation quirk worth flagging. The front pages of the '417's immediate family members list, under OTHER PUBLICATIONS, the item "US 6,832,284 B1, 12/2004, Perego et al. (withdrawn)." US 6,832,284 is the earlier Perego/Rambus buffered‑module patent in the same family as US 7,363,422. The "(withdrawn)" tag reflects an IDS procedural status, not that the reference is unavailable — and Perego is precisely the art that invalidated the '417 claims.
C. Tier 2 — the most on‑point front‑page citations, by claim element
Publication dates below are as printed in the '417 front‑page "References Cited" table.
C‑1. Data‑bus isolation by switches / buffers between the bus and DRAM data pins (claim 1 [e]; claims 2, 11, 12, 13)
| Citation | Pub. date | Description | §102 claim mapping |
|---|---|---|---|
| US 6,070,217 A (IBM) | 2000‑05‑30 | "High density memory module with in‑line bus switches being enabled in response to read/write selection state of connected RAM banks to improve data bus performance" | Closest single‑reference hit on [e] + [claim 2] + [claim 12] — switches in the data path, enabled by the read/write selection state. Filing ~1996‑07‑07, well before any priority date |
| US 6,115,278 A (Silicon Graphics) | 2000‑09‑05 | "Memory system with switching for data isolation" | [e], claims 2, 13 |
| US 6,061,754 A (Compaq) | 2000‑05‑09 | "Data bus having switch for selectively connecting and disconnecting devices to or from the bus" | [e], claims 12, 13 |
| US 6,011,710 A (Hewlett‑Packard) | 2000‑01‑04 | "Capacitance reducing memory system, device and method" | claims 2, 13 (load isolation/capacitance) |
| US 5,802,395 A (IBM) | 1998‑09‑01 | "High density memory modules with improved data bus performance" | claims 2, 13 |
| US 6,552,450 B1 (Intel, Halbert) | 2003‑04‑22 | "Buffer to multiply memory interface" | [e], and the rank/width‑multiplication idea underlying claims 4, 5 |
| US 6,625,687 B1 (Intel) | 2003‑09‑23 | "Memory module employing a junction circuit for point‑to‑point connection isolation, voltage translation, data synchronization, and multiplexing/demultiplexing" | [e] and claim 11 (data paths via a junction/mux) |
| US 5,953,215 A (Karabatsos) | 1999‑09‑14 | "Apparatus and method for improving computer memory speed and capacity" | claims 2, 4, 13 |
| US 6,446,158 B1 (Karabatsos) | 2002‑09‑03 | "Memory system using FET switches to select memory banks" | claims 2, 11, 13 |
| US 6,854,042 B1 (Karabatsos) | 2005‑02‑08 | "High‑speed data‑rate converting and switching circuit" | claims 8, 11, 14 |
C‑2. Registered / buffered address‑and‑control, rank decoding and SPD (claim 1 [c], [d]; claims 5, 7)
| Citation | Pub. date | Description | §102 claim mapping |
|---|---|---|---|
| US 6,314,? — see below | |||
| US 7,149,841 B2 (Micron) | 2006‑12‑12 | "Memory devices with buffered command address bus" (filed 2003‑03‑31) | [c] (buffering of command/address on the module) |
| US 7,266,639 B2 (Infineon) | 2007‑09‑04 | "Memory rank decoder for a multi‑rank dual in‑line memory module (DIMM)" (filed 2004‑12‑10) | [d], claim 5 |
| US 7,072,231 B2 (Micron) | 2006‑07‑04 | "Reduced power registered memory module and method" | [c] (registered module) |
| US 7,334,150 B2 (Infineon) | 2008‑02‑19 | "Memory module with a clock signal regeneration circuit and a register circuit for temporarily storing the incoming command and address signals" | [c], claim 9 |
| US 5,513,135 A (IBM) | 1996‑04‑30 | "Synchronous memory packaged in single/dual in‑line memory module and method of fabrication" | The canonical pre‑existing registered DIMM disclosure — buffers/registers RAS, CAS and address, but leaves data I/Os direct to the connector. Anticipates [c] only, and is the reference Perego expressly distinguishes itself from |
| US 7,206,021 B2 (Infineon) | 2007‑04‑03 | "Stacked DRAM memory chip for a dual inline memory module (DIMM)" | claims 4, 5 |
| US 6,982,893 B2 (Infineon) | 2006‑01‑03 | "Memory module having a plurality of integrated memory components" | [d] |
C‑3. Rank / density emulation and SPD reporting (claims 4, 5, 7)
| Citation | Pub. date | Description | §102 claim mapping |
|---|---|---|---|
| US 5,590,071 A (IBM) | 1996‑12‑31 | "Method and apparatus for emulating a high capacity DRAM" | claims 4, 5 |
| US 6,470,417 B1 (IBM) | 2002‑10‑22 | "Emulation of next generation DRAM technology" | claims 4, 5 |
| US 5,764,590 A (Mitsubishi) | 1998‑06‑09 | "Synchronous semiconductor memory device which allows switching of bit configuration" | claim 4 |
| US 6,? — US 8,250,295 B2 (Smart Modular Technologies) | 2012‑08‑21 | "Multi‑rank memory module that emulates a memory module having a different number of ranks" | claims 4, 5, 7 — closest analogue to the '417's "virtual memory module / SPD reports fewer ranks with higher density" teaching (spec ¶¶ re SPD device 240) |
| US 4,980,850 A (Digital Equipment) | 1990‑12‑25 | "Automatic sizing memory system with multiplexed configuration signals at memory modules" | claim 7 (module configuration reported to the system) |
| US 6,209,074 B1 / US 6,446,184 B2 (IBM) | 2001‑03‑27 / 2002‑09‑03 | "Address re‑mapping for memory module using presence detect data" (and its continuation) | claim 7 |
| US 6,? — US 6,414,868 B1 (Sun) | 2002‑07‑02 | "Memory expansion module including multiple memory banks and a bank control circuit" | [d], claim 5 |
C‑4. CAS latency, pipelining and burst timing (claim 1 [f]; claims 3, 6, 8, 10, 14)
| Citation | Pub. date | Description | §102 claim mapping |
|---|---|---|---|
| US 5,926,839 A (IBM) | 1999‑07‑20 | "Method and apparatus of burst read and pipelined dynamic random access memory having multiple pipelined stages with DRAM controller and buffers integrated on a single chip" | claim 6 ("logic pipelines") — the single best front‑page hit on that term |
| US 6,262,938 B1 (Samsung) | 2001‑07‑17 | "Synchronous DRAM having posted CAS latency and method for controlling CAS latency" | claim 1 [f], claim 7 |
| US 6,880,094 B2 (Micron) | 2005‑04‑12 | "CAS latency select utilizing multilevel signaling" | claim 7 |
| US 6,636,446 B2 (Samsung) | 2003‑10‑21 | "Semiconductor memory device having write latency operation and method thereof" | claim 15 |
| US 6,546,476 B1 (Advanced Memory International) | 2003‑04‑08 | "Read/write timing for maximum utilization of bi‑directional read/write bus" | claim 8, claim 14 |
| US 6,044,032 A (Micron) | 2000‑03‑28 | "Addressing scheme for a double data rate SDRAM" | claim 3, claim 10 |
| US 6,415,374 B1 (Mosel Vitelic) | 2002‑07‑02 | "System and method for supporting sequential burst counts in double data rate (DDR) SDRAM" | claim 3 |
| US 6,154,419 A (ATI) | 2000‑11‑28 | "Method and apparatus for providing compatibility with SDRAM and DDR memory" | claim 3 |
| US 6,134,638 A (Compaq) | 2000‑10‑17 | "Memory controller supporting DRAM circuits with different operating speeds" | claim 1 [f] (latency differential between controller and devices) |
D. Two §102 caveats that materially narrow the field
1. The effective filing date controls which references are §102 art at all.
The '417 claims a 2004‑03‑05 priority, but the issued claim language ("plurality of N‑bit wide ranks," "registered chip select signals," "data buffer control signals," "overall CAS latency … greater than an actual operational CAS latency") first appears in the 2015 application (14/715,486 → US 9,858,215). If the '417 claims are not §112‑supported by the 2004/2005 applications, the effective filing date moves forward — which would (a) disqualify US 7,363,422 as §102(e) art (its filing date 2004‑01‑28 would then be irrelevant) unless it qualifies as a printed publication, and (b) admit the whole class of 2005–2012 module/module‑buffer art (Ellsberry 2005, Smart Modular US 8,250,295, Netlist's own US 8,516,185/9,128,632, Google/Metaram US 8,089,795). Conversely, if the 2004 date holds, Ellsberry (2005‑06‑01), JESD79‑2 (2004+) and every post‑2005 reference on the front page are not §102 prior art and are relevant only as §103 background or as evidence of the state of the art. The Board's use of pre‑AIA §103(a) implies it applied a pre‑2013 effective filing date — the precise date it used is not confirmed here, and this is the pivotal unresolved question for any §102 mapping.
2. No single reference anticipates claim 1 as issued.
The record does not show any one reference disclosing, together: (i) a data buffer between the memory‑bus data lines and the DRAM data pins, (ii) registered address/control including registered per‑rank chip selects with one active and the rest inactive, and (iii) an overall module CAS latency deliberately greater than the DRAMs' own CAS latency. That is why the Board needed a three‑reference‑class combination (Perego + JESD79‑2 + JESD21‑C), and why the anticipation case (§102) is weaker than the obviousness case (§103). The honest §102 statement is therefore: the strongest §102 candidates reach individual dependent claims (2, 3, 6, 7, 10, 11, 12, 13), not claim 1.
E. What I could not verify (stated rather than guessed)
- Exact publication date of JESD79‑2 and of the JESD21‑C release relied on — my search budget was exhausted before confirming these against JEDEC. They are cited here as they appear in the IPR record.
- Which Halbert patent is EX‑"Halbert" in Ground 3 (US 6,317,352 vs. US 6,487,102/US 6,747,887 vs. US 6,622,224). The '417's own citation list contains all of the Halbert‑family items named above.
- The effective filing date the Board used for the '417 claims (see §D‑1).
- The complete 853‑reference list and non‑patent‑literature set — I verified and mapped the ~30 most relevant, plus all five references actually litigated.
- Status of Fed. Cir. 25‑1296 / 25‑1936 / 26‑1671 as to the '417 specifically. What is now documented is the appellate merits briefing: Samsung's answering brief (2025‑06‑30) defending the Perego + JESD79‑2 ground for both the '215 and '417 patents, and Netlist's reply (CourtListener CAFC docket 22549) attacking Perego's JEDEC compliance as the case‑dispositive issue. No appellate outcome has been retrieved.
Sources
- Google Patents, US11093417B2 — https://patents.google.com/patent/US11093417/en (front page, citation table, family, litigation list)
- LexDana file‑wrapper view, US 11,093,417 — https://lexdana.ai/patent/[11093417](/patent/11093417) (853 citations / 291 listed; 15 claims, 1 independent; 59 prosecution transactions)
- PTAB, IPR2023‑00454 FWD (Paper 45) and Netlist Request for Director Review — https://ptacts.uspto.gov/ptacts/public-informations/petitions/1550898 ; https://www.docketalarm.com/cases/PTAB/IPR2023-00454/
- PTAB, IPR2023‑01141 (Micron v. Netlist) — https://ai-lab.exparte.com/case/ptab/IPR2023-01141/micron-technology-inc-v-netlist-inc
- US 7,363,422 B2 (Perego, Configurable width buffered module) as IPR EX1071 — https://www.docketalarm.com/cases/PTAB/IPR2023-00454/Samsung_Electronics_Co._Ltd/docs/01-10-2023-Petitioner/Exhibit-1071-EX1071___US7363422_to_Perego.pdf
- US 2006/0277355 A1 (Ellsberry, Capacity‑expanding memory device) — https://patents.google.com/patent/[US9128632](/patent/US9128632) (family/citation view)
- CAFC Nos. 24‑1312/‑1313 briefs (Perego/JESD79‑2 ground, '215 and '417) — https://storage.courtlistener.com/recap/gov.uscourts.cafc.22549/gov.uscourts.cafc.22549.25.0.pdf ; …/22549.28.0.pdf
- E.D. Tex. 2:22‑cv‑00293‑JRG, Dkt. 94‑2/94‑3 (Micron indefiniteness contentions re claims 1, 6, 11 of the '417) — https://www.courtlistener.com/docket/64861664/94/3/netlist-inc-v-samsung-electronics-co-ltd/
- WO 2020/172395 A1 search report (family comparison) — https://patentimages.storage.googleapis.com/0c/63/66/ad493352b2cf98/WO2020172395A1.pdf
Generated 9/28/2026, 9:53:34 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll ground this obviousness analysis in the actual prior-art record from the '417 IPR proceedings. Let me pull the key references and the Board's stated grounds.
Let me pull the Board's specific reasoning on the key limitations (CAS latency, data buffer control signals, dependent claims) and the reference details.
Obviousness Analysis — US 11,093,417 B2 under 35 U.S.C. § 103(a)
Patent under analysis: US 11,093,417 B2, "Memory module with data buffering" (Netlist, Inc.; Solomon & Bhakta). Interpreted literally as US 11,093,417; no auto-correction applied. Where a third-party source (e.g., ai-lab.exparte.com) labels the '417 as "Memory module with rank multiplication," I treat that as an unofficial label and defer to the patent's own title, consistent with the earlier sections.
Building on prior sections: This analysis does not repeat the bibliographic, litigation, or assignment content already generated. It uses those facts only where they bear on the §103 inquiry — chiefly the prosecution/PTAB posture (claim 1 as the sole independent claim; claims 2–15 dependent), the two July 30, 2024 Final Written Decisions invalidating claims 1–15, and the pending appeals.
1. Analytical framework
1.1 Legal standard
Under § 103(a) (pre-AIA, which governs on this record), a claim is unpatentable "if the differences between the claimed subject matter and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art." The Board applied Graham v. John Deere (383 U.S. 1, 17–18 (1966)) and KSR Int'l Co. v. Teleflex Inc. (550 U.S. 398 (2007)) — see the '417 FWD, § II.A. KSR supplies the key rationales I rely on below: (i) combining familiar elements according to known methods to yield predictable results; (ii) a "design incentive" or "market pressure" to solve a known problem; and (iii) "obvious to try."
1.2 Level of ordinary skill (POSITA)
Petitioners proposed, and the record reflects, a POSITA with "an advanced degree in electrical or computer engineering and at least two years working in the field, or a bachelor's degree in such engineering disciplines and at least three years working in the field," with additional training substituting for experience. (Ex. 1003 ¶¶; '417 FWD § II.B.) Netlist contested only the word "design" in the proposal; the Board treated the dispute as largely immaterial because the claims are directed to the memory module, not to DRAM internals. (IPR2023-00454 FWD; hearing transcript, May 20, 2024.) For the analysis below I use the Petitioner's/Board's level of skill.
1.3 Effective filing date — threshold issue that drives the prior-art set
This is the pivot of the whole obviousness case, and it is contested:
- The '417 claims priority through a chain reaching provisional 60/550,668 (filed March 5, 2004).
- Petitioners asserted the '417 is entitled to no date earlier than July 1, 2005 (IPR2023-01141 Petition, § IV.A), and Micron separately moved for summary judgment that claim 1 gets no date earlier than its own filing date of November 25, 2019, on the ground that the term "data buffer control signals" appears for the first time in the '417 application (E.D. Tex. 2:22-cv-00293, Dkt. 467/495; UMF No. 8; redline comparison Ex. C).
- If either position holds, Ellsberry (filed June 1, 2005; published Dec. 7, 2006) is § 102(e)/§ 102(a)(2) prior art, and even Netlist's own earlier family members ('314, '215, '150, etc.) can become prior art. The Board found Ellsberry to be § 102(e) prior art. ('417 FWD at 38–39.)
I flag this because it materially expands the prior art available for combination and is unresolved on appeal.
2. The prior art of record
| Ref. | Identifier | Date / status | What it teaches | Used for |
|---|---|---|---|---|
| Perego | US 7,363,422 B2, "Configurable width buffered module" (Rambus Inc.; Perego, Ware, Tsern) — Ex. 1071 | Filed Jan. 28, 2004; issued Apr. 22, 2008 | Buffered memory module (400/395) with a buffer device (405/391) between the memory controller and memory devices (360/410a–h); registers address/control; routes data to/from a selected set of memory devices; supports DDR2 memory devices; configurable 64-bit data width; per-device channels; access-latency values and buffer latching (latches 597f–m, Fig. 5C; clock circuit 570a–b) | Primary reference — supplies the buffered-module architecture of claim 1 |
| JESD79-2 | JEDEC DDR2 SDRAM specification (Sept. 2003) — Ex. 1064 | Published Sept. 2003 | DDR2 signaling and commands: chip-select (CS), RAS/CAS/WE, burst transfers, CAS-latency values/timing, ADD/CAS timing | Secondary reference — supplies conventional JEDEC implementation details |
| JESD21-C | JEDEC module/SPD standard — Exs. 1062, 1066 | 2002-era | DIMM module format, 64-bit data width, module-level CS lines, SPD encoding of CAS latency | Cited for motivation to combine (and the subject of the procedural dispute — see § 9) |
| Ellsberry | US 2006/0277355 A1 — Ex. 1073 | Filed June 1, 2005; pub. Dec. 7, 2006 | "Rank multiplication": control unit + bank switch make two lower-capacity DDR SDRAM devices emulate one double-capacity device without additional chip-select lines; generates registered chip-selects (CS0A/CS0B) and sends NOP to non-targeted ranks; MRS command sets device CL one less than module CL; PLL clock driver; x4 devices in pairs forming 72-bit ranks | Ground 2 — supplies rank-multiplication, registered CS, and the added-CL limitation |
| Halbert | US 7,024,518 — Ex. 1078 | Issued Apr. 4, 2006 | Memory module with a data buffer that isolates memory devices from the capacitive loading of the data bus; m-bit-wide ranks (m can be 64); module CAS latency exceeding device CAS latency; timing of back-to-back reads through the buffer | Ground 3 — supplies load isolation and the module-CL-exceeds-device-CL teaching |
| Amidi (noted) | Cited in the related family IPR2023-00203 | — | Configuring a module with one device type to present a different device configuration to the controller | Corroborates the rank-multiplication motivation (sibling proceeding) |
3. Ground 1 — Perego in view of JESD79-2 (claims 1–15)
This is the ground the Board decided and on which it held all of claims 1–15 unpatentable. ('417 FWD, § IV; "[W]e conclude that claims 2–15 are unpatentable as having been obvious over the combined teachings of Perego and JESD79-2.")
3.1 Claim 1 element mapping
| Element | Where taught | Support |
|---|---|---|
| [1.a] module communicating with controller via N-bit-wide bus, in response to read/write commands | Perego module 400/395 with buffer 405/391; bus/DQ + address-control lines; 64-bit width (WDP = 64) | Ex. 1071, Figs. 3B, 3C, 4A, 4B, 5A/5B; 3:12–22, 5:12–24, 9:50–60, 14:19–23; Ex. 1062, 5 |
| [1.b] PCB with edge connections into a module slot | Perego: memory subsystems "incorporated onto individual substrates (e.g., PCBs)" with connectors 390a | Ex. 1071, 5:56–6:11, 7:39–41, Fig. 3C |
| [1.c.1] logic receiving input address/control and outputting registered address/control | Perego buffer device receives RQ and registers address/control "similar to a JEDEC-compliant conventional registered DIMM" | Ex. 1071, 6:15–30, 13:54–59, Fig. 5C; Ex. 1062, 12 |
| [1.c.2] input set includes multiple chip-select signals, one active, others non-active | JESD79-2: every read/write command includes a CS signal, multiple CS lines per DIMM for multiple ranks; Perego's multiple sets of memory devices each targetable by a command | Ex. 1064, 6, 24–33, 49; Ex. 1062, 6; Ex. 1003 ¶¶ 251–252 |
| [1.c.3] registered chip-select signals corresponding to the inputs | Perego's buffer registers/carries control information to the selected memory devices | Ex. 1071, Figs. 4A/4B, 5A/5B; Ex. 1003 ¶¶ 244–248 |
| [1.c.4] logic outputs data buffer control signals | Perego's buffer device controls data routing between its module interface and the memory devices (control of the data path) | Ex. 1071, Figs. 5B/5C, 9:43–60; Ex. 1003 ¶¶ |
| [1.d] memory devices in a plurality of N-bit-wide ranks, each receiving a registered CS; active rank outputs a burst of N-bit data | Perego's multiple sets ("ranks") of memory devices selected by a command, acting together; 64-bit width; burst transfers per JESD79-2 | Ex. 1071, 6:12–24, 15:37–45, Figs. 3C, 4A–4C; Ex. 1064 |
| [1.e] circuitry coupled between the bus data lines and the memory-device data pins, configurable to transfer the burst in response to buffer control signals and in accordance with an overall CAS latency | Perego's buffer device 405 between module DQ lines and device channels; "access latency values" | Ex. 1071, Figs. 4A/4B, 12:65–13:5, 18:65–19:3; Ex. 1064 (CL values) |
| [1.f] transfers registered with an added delay, so module overall CL > device operational CL | Perego latches data through latches 597f–m using clock circuit 570a–b ("adds a predetermined amount of time delay for each data transfer"); + JESD79-2's RDIMM extra cycle; "latching delays in the buffer device increase the overall CAS latency of the memory module compared to the CAS latency of the memory devices" | Ex. 1071, 12:65–13:5, 18:65–19:3, Fig. 5C; Ex. 1003 ¶¶ 350–351, 360–362; Ex. 1062, 68 n.1 |
The Board credited Petitioner's evidence on every disputed limitation, including [1.f]: "we agree with Petitioner and find that Perego teaches the coupled circuitry and CAS latency as recited by the challenged claim." ('417 FWD.)
3.2 Motivation to combine Perego + JESD79-2
- Express disclosure link. Perego itself discloses using DDR2 SDRAM devices (Ex. 1071, 3:62–4:12, 8:1–4, 10:54–67), and JESD79-2 is the JEDEC standard for DDR2 devices. A POSITA seeking to implement Perego would turn to the governing standard as a matter of course. (IPR2023-00454 Petition at 30–33; Ex. 1003 ¶¶ 180–185.)
- JEDEC interoperability / market dominance. The record shows JEDEC-compliant modules were dominant; Perego is designed for backward compatibility and expressly contemplates a bus (not only point-to-point) interconnect (Ex. 1071, 2:4–6, 3:41–47, 6:27–39). Making Perego's module JEDEC-compliant lets it be used in JEDEC systems. (FWD; Fed. Cir. brief at Appx 27–28, 81–82.)
- KSR "familiar elements, known methods." Perego supplies a buffered module; JESD79-2 supplies the known, standardized signal set (CS, RAS/CAS, burst timing, CL) with no change in principle of operation.
- Reasonable expectation of success. Combining a memory system with the very standard governing its memory devices is a routine engineering step yielding a functioning JEDEC-compliant module.
4. Ground 2 — Perego + JESD79-2 + Ellsberry (claims 1–15)
This is the ground that most cleanly addresses the limitations Netlist argued were missing from Perego alone — rank multiplication, registered chip-select generation, and the one-cycle-added module latency.
Key Ellsberry mappings:
- Rank multiplication / registered CS: Ellsberry's control unit receives a single chip-select and generates registered chip-selects (e.g., CS0A/CS0B), driving only the targeted rank with an active CS and sending NOP/Deselect to the non-targeted rank — mapping to [1.c.2], [1.c.3], [1.d]. (Ex. 1073 ¶¶ [0010], [0012], [0036], [0046], Claim 1, Figs. 7A–7F, 10–13; Ex. 1060 p.13 n.9; Ex. 1074 pp.31–37.)
- Module CL exceeding device CL (claims 1/9): Ellsberry's MRS/EMRS command sets the DDR devices' CL to cl−1, so the module's overall latency is one clock greater than the devices' — i.e., "the module's overall CAS latency is one clock cycle more than the actual operational CAS latency of each of the memory devices." (Ex. 1073 ¶ [0044], Figs. 8A–8B; Ex. 1003 ¶¶ 374–378, 434–436.)
- PLL clock driver (claim 9): Ellsberry discloses a "PLL." (Ex. 1073 ¶¶ [0030], [0048], Figs. 2–6, 10–13.)
- x4 pairs / 72-bit ranks (claim 4): Ellsberry ¶ [0051], Figs. 6 and 11 (nine pairs of stacked x4 devices per rank; DQA(3:0)/DQA(7:4)). (Ex. 1074 pp.66–68, 76–81.)
- Distributed data buffering / data paths (claims 10–11): Ellsberry's Port A/Port B architecture and bank switch.
Motivation to combine (Ground 2)
- Same problem, same field, same technique. Both Perego and Ellsberry buffer data signals on the module and use JEDEC-compliant devices — the Board and Petitioner characterized them as "alternative, predictable solutions for operating memory modules with data buffering." (Ex. 1003 ¶ 194.)
- Cost-saving incentive (KSR design incentive). Rank multiplication lets lower-density (cheaper) devices emulate a higher-density device without adding chip-select lines — the same economic driver recited in the '417 specification itself (which discusses DRAM price-per-bit inversion and "cost savings" from substituting pairs of lower-density parts).
- Known design alternatives. Centralized (Perego) vs. distributed (Ellsberry) data buffering were recognized alternatives (Ex. 1078, 10:1–6), so a POSITA would look to analogous art for implementation detail.
- Predictable variation, no unexpected results.
5. Ground 3 — Perego + JESD79-2 + Halbert (claims 1–15)
Halbert reinforces the load-isolation and module-CL-exceeds-device-CL limitations:
- Halbert's module isolates memory devices "from the full capacitive loading effects of the system memory data bus" and avoids "competing memory banks that load each other" (Ex. 1078, 1:16–19, 3:58–4:8, 3:67–4:5) → maps to claim 2 (circuitry isolates DRAM loads).
- Halbert's m-bit-wide ranks (m can be 64) → [1.d].
- Halbert's module CAS latency exceeding the device CAS latency, and its timing of back-to-back reads through the data buffer → [1.e.3], [1.f], claim 9.
Motivation: Halbert is analogous art addressing the same problem (bus loading) that Perego's buffered module solves; a POSITA would apply Halbert's rank-based isolation and latency handling to Perego's module to make it "compatible with an existing memory controller/bus and existing memory devices." (Ex. 1078, 3:48–57; Ex. 1003 ¶¶ 197–199.) Because the Board found the Perego + JESD79-2 combination sufficient, it did not reach Grounds 2 and 3. ('417 FWD, § IV.)
6. Dependent claims 2–15
The Board's table shows claims 1–15 all unpatentable over Perego + JESD79-2 alone. ('417 FWD, § IV.) Mapping by element:
| Claim | Limitation | Primary support relied on |
|---|---|---|
| 2 | Circuitry isolates DRAM loads from the bus | Perego buffer; Halbert (isolation from capacitive loading), Ellsberry (single-load switch ASIC — Ex. 1074 pp.52–56) |
| 3 | Successive write-data bits transferred over data paths | Perego data paths; JESD79-2 bursts |
| 4 | 4-bit devices in pairs → 64/72-bit ranks | Ellsberry Figs. 6, 11 ([0051]); Ex. 1074 pp.66–68, 76–81 |
| 5 | Four ranks / four chip-selects | JESD79-2 CS scheme; Perego multi-set modules |
| 6 | Circuitry includes "logic pipelines" | Perego buffer logic/latches (Fig. 5C) |
| 7 | Overall CAS latency reported via mode-register-set | JESD79-2 MRS/CL values (Ex. 1064) |
| 8 | "Specified data rate" | JESD79-2 data-rate timing |
| 9 | PLL clock driver; delay ≥ 1 clock cycle | Ellsberry PLL ([0030], [0048]) + CL−1 MRS trick ([0044]); Halbert |
| 10–11 | Data paths enabled/disabled by buffer control signals | Perego buffer control; Ellsberry Port A/B |
| 12–15 | Not separately substantiated in this session; the Petition's table shows 13↔2, 14↔8, 15↔3 ("substantially identical to earlier limitations") | Grounds 1/2 for the same reasons |
7. Synthesis — why the combinations are legally sufficient
Applying the KSR rationales to the record:
- Combining familiar elements according to known methods: A buffered module architecture (Perego) + the governing DDR2 standard (JESD79-2) + a known rank-multiplication technique (Ellsberry) + known load isolation (Halbert) — each element is drawn from the same field (JEDEC memory modules), performs its known function, and yields the predictable result of a JEDEC-compliant, capacity-multiplied, load-reduced buffered DIMM.
- Design incentive / market pressure: The specification itself (and Ellsberry) recite the cost-per-bit incentive to emulate higher-density devices with pairs of lower-density devices, and the capacity/rank-limit problem the invention purports to solve.
- Predictable variation: The Board adopted Petitioner's rationale that the combination "would have resulted in a predictable variation, which would improve similar devices like Perego in the same way and not yield unexpected results or challenges." (Pet. 122; Ex. 1003 ¶ 198.)
- Reasonable expectation of success, since the added on-module logic (register + data buffer) and its one-cycle latency are exactly what RDIMM/JEDEC practice already contemplates.
Result: On this record, the Board concluded by a preponderance that claims 1–15 are unpatentable over Perego + JESD79-2, and did not need Ellsberry or Halbert. Two independent panels reached that result (IPR2023-00454, Samsung; IPR2023-01141, Micron), both on July 30, 2024.
8. The strongest counterargument — and why the analysis is not yet final
Obviousness here is not a slam dunk; the record contains substantial—and partially successful—rebuttal:
- Perego is a Rambus point-to-point/XDR-oriented reference. Netlist argued Perego's modules are "fundamentally at odds with" a JEDEC-style module and "do not include chip-select lines." The Board disagreed, reading Perego's disclosure of "one or more busses or a plurality of point-to-point links" (Ex. 1071, 3:41–47) as permitting a bus-based, JEDEC-compatible embodiment. (FWD at 21–23.) This is the central factual dispute.
- JESD79-2 is a memory-device standard, not a module standard. Netlist's position is that chip-select-at-the-module limitations are supplied only by JESD21-C, which was not in any proposed ground.
- The procedural defect (preserved for appeal). Because the Board relied on JESD21-C for missing limitations while Petitioners cited it only for motivation, Netlist sought Director Review on Aug. 29, 2024 (citing SAS v. Iancu and In re Magnum Oil). The earlier litigation section reports Director Review was denied; the FWDs are on appeal.
- Sibling-patent contrast. In the parallel IPRs on the '314 patent (Netlist family), the Board and the Federal Circuit rejected Micron's obviousness challenges — the Board found Halbert did not disclose the "specified data rate" limitation and found no motivation to combine Halbert's Fig. 2 with Fig. 4 because it would sacrifice performance (Micron v. Netlist, Nos. 24-1312/24-1313, aff'd Feb. 20, 2026). That holding is not controlling for the '417 (different claim language — the '314 requires matched data rates across the module/logic/ranks), but it demonstrates that the motivation-to-combine prong is the live battleground on appeal.
- Priority/§112 overlay. If the '417 is held entitled only to a 2005 (or 2019) date, the prior-art universe expands (e.g., Netlist's own earlier family members), which only strengthens the §103 case; conversely, if Netlist preserves the 2004 priority, the date-sensitive Ellsberry analysis changes.
9. Bottom line
- Primary §103 ground: Perego (US 7,363,422) + JESD79-2 renders claims 1–15 obvious. This is the ground the Board decided and sustained, with express motivation (Perego uses DDR2 → apply its governing standard) and a predictable-improvement/expectation-of-success rationale.
- Alternative/backup grounds: Perego + JESD79-2 + Ellsberry (rank multiplication, registered chip-selects, CL = device CL + 1, PLL, x4 pairs) and Perego + JESD79-2 + Halbert (load isolation, m-bit ranks, module CL > device CL). These supply, with particularity, the very limitations Netlist attacked as missing from Perego alone.
- Status caveat: Both FWDs are on appeal, and the JESD21-C/procedural ground is the principal issue preserved. The invalidity holding is therefore not final. Per the earlier sections, the Fed. Cir. activity in this family (25-1296, 25-1936, 26-1671) was not confirmed to map to the '417 specifically, so the precise appeal posture remains flagged as unverified.
Confidence: High for the Ground-1 mapping, citation set, and Board findings (all drawn from the FWD, petitions, and hearing transcripts). Lower for claims 12–15 verbatim text and for the exact appellate alignment — I have not fabricated these; per the earlier sections they remain open items.
Sources
- IPR2023-00454 Final Written Decision, Samsung v. Netlist, Patent 11,093,417 B2 (July 30, 2024) — https://ptacts.uspto.gov/ptacts/public-informations/petitions/[1550898](/patent/1550898)/download-documents
- IPR2023-01141 Petition, Micron v. Netlist, U.S. Patent No. 11,093,417 — https://www.courtlistener.com/docket/64861664/657/3/netlist-inc-v-samsung-electronics-co-ltd/ ; https://ai-lab.exparte.com/case/ptab/IPR2023-01141/micron-technology-inc-v-netlist-inc
- Netlist Request for Director Review, IPR2023-00454 (Aug. 29, 2024) — https://www.docketalarm.com/cases/PTAB/IPR2023-00454/
- Ex. 1071, US 7,363,422 (Perego) — https://www.docketalarm.com/cases/PTAB/IPR2023-00454/Samsung_Electronics_Co._Ltd/docs/01-10-2023-Petitioner/Exhibit-1071-EX1071___US7363422_to_Perego.pdf
- Ex. 1073, US 2006/0277355 A1 (Ellsberry)
- Ex. 1078, US 7,024,518 (Halbert)
- Micron's SJ briefing on priority/written description — E.D. Tex. 2:22-cv-00293, Dkt. 467/495
- Micron Technology, Inc. v. Netlist, Inc., Nos. 24-1312, 24-1313 (Fed. Cir. Feb. 20, 2026) (affirming PTAB on the '314 patent) — https://www.vitallaw.com/news/patent-fed-cir-ptab-properly-rejected-micron-s-obviousness-challenges.../ipm015a3350827ef744d79636c8726e1ec2d4
Generated 9/28/2026, 9:53:21 PM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
Keep exploring
More patents asserted by Netlist, Inc.
- US 12308087Summary of U.S. Patent 12,308,087 A concise summary of U.S. Patent 12,308,087 is provided below, including details on the patent's title, assignee, inventor, key dates, and a plain-language explanation of its independent claims. Title…
- US 10268608Here's a concise summary of US Patent 10,268,608 based on the provided authoritative patent text and an updated search for its legal status: US Patent 10,268,608 Summary Title: Memory module with timing-controlled data paths in distributed…
- US 10217523B1Here's a concise summary of US Patent 10217523B1: Title: Multi-mode memory module with data handlers Assignee: Netlist Inc. Inventors: Hyun Lee Jayesh R. Bhakta Soonju Choi Filing Date: 2014-03-29 Issue Date: 2019-02-26 Abstract: A memory…
- US 8756364Summary of U.S. Patent 8,756,364 B1 (US8756364B1) Note: I interpret the identifier literally as patent number 8,756,364 (publication US8756364B1, application 13/287,042). I did not find any record for a differently-numbered patent that…
- US 8516185Summary — U.S. Patent 8,516,185 B2 ("8516185") Search scope note: I searched for patent number 8516185 only (not similar numbers). The USPTO/Google Patents record and litigation databases were consulted. No CAFC 2026 docket specifically…
- US 8001434US Patent 8,001,434 B1 — Search Results & Summary Verification notes on searches I searched the USPTO-derived databases (uspto.report, FreePatentsOnline, Google Patents, Unified Patents) and the CAFC/PTAB/ITC litigation record for patent…
- US 8359501Summary of U.S. Patent 8,359,501 (US8359501B1) I ran web searches for the specific patent number 8359501 (and its US 8,359,501 B1 publication). No results for a CAFC 2026 docket specific to this patent surfaced — the CAFC appeals I found…
- US 8689064Search notes (performed) - I searched for USPTO/Patent Center records for 8,689,064 / US8689064 and for CAFC 2026 docket entries tied to that exact patent number. The USPTO-site-restricted search returned no usable results, so I relied on…
Other patents in Semiconductor (T)
- US 6412917I'll search for authoritative records on this patent number, including any 2026 CAFC docket activity. Let me refine with targeted searches on the litigation and any 2026 appellate activity. Search summary — US 6,412,917 (patent number…
- US 10475147I'll search for authoritative information on this patent number and any related litigation. Let me search for the patent's claims and any litigation/docket activity. Let me look for the claims text and any litigation involving this…
- US 5530467I'll search for this specific patent number, including any litigation or CAFC activity. Let me run more targeted searches for any litigation or administrative proceedings. Search scope and limitations I ran multiple queries against the…
- US 5640020I'll search for this specific patent number across patent databases and litigation dockets. Let me run a couple more targeted searches for litigation/CAFC activity and the patent family. US Patent 5,640,020 — Verified Summary Sourcing…
- US 8338929I'll search for information on this specific patent number. The CAFC/litigation search returned nothing. Let me try a couple more targeted checks. Let me do one more targeted check for any CAFC or litigation activity. Search scope and…
- US 7863717I'll search for authoritative information on this specific patent number, including any litigation activity. The CAFC search returned an unrelated patent (7,679,637). Let me verify litigation/docket activity specifically for 7,863,717. US…
- US 7906363I'll search for authoritative information on this patent, including any 2026 CAFC activity. Let me check for any 2026 litigation or CAFC docket activity specifically involving this patent. Let me verify the claim set and confirm no 2026…
- US 6954348I'll verify the patent's bibliographic data and check for any 2026 CAFC/USPTO activity. Let me pull the full claim set and check for any 2026 litigation/docket activity. US Patent 6,954,348 — verification summary Sourcing note: I searched…
This patent in court (2)
2 tracked lawsuits name US 11093417.