On September 1, 2016, Netlist, Inc. of Irvine, California (“Netlist”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that SK Hynix Inc. of South Korea, SK Hynix America Inc. of San Jose, California, and SK Hynix Memory Solutions Inc. of San Jose, California (collectively, “SK Hynix”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain memory modules and components thereof, and products containing same, that infringe one or more claims of U.S. Patent Nos. 8,756,364 (the ’364 patent), 8,516,185 (the ’185 patent), 8,001,434 (the ’434 patent), 8,359,501 (the ’501 patent), 8,689,064 (the ’064 patent), and 8,489,837 (the ’837 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to memory modules and components thereof. In particular, the ’364 patent relates to a memory module that can be used in a host computer system such as a server and that provides improved performance by isolating the host computer system from the load associated with memory devices in the memory module. The ’185 patent relates to a memory module with a distributed buffer architecture. The ’434 patent relates to a self-testing memory module that can be used in a host computer system such as a server. The ’501 and ’064 patents relate to various self-test technologies to test a memory module. Lastly, the ’837 patent relates to a memory module that performs handshaking during or upon completion of initialization.
In the complaint, Netlist states that SK Hynix imports and sells products that infringe the asserted patents. The complaint specifically refers to various LRDIMM and RDIMM products, and products containing same, as infringing products.
Regarding domestic industry, Netlist states that its HyperCloud and HybriDIMM memory module products practice at least one claim of each asserted patent. Netlist further states that it designed and developed these products in the U.S. and that it has approximately 45 regular U.S. employees, many of whom work on the development, design, engineering, and testing of products that practice the asserted patents. Netlist specifically refers to its headquarters facility in California, which occupies approximately 8,203 square feet of space.
As to related litigation, Netlist states that it has previously asserted the ’185, ’434, and ’501patents in district court litigations against Smart Module Technologies, Inc. and Diablo Technologies, Inc. Netlist also states that these three patents have been targeted by several petitions for inter partes review at the U.S. Patent and Trademark Office.
With respect to potential remedy, Netlist requests that the Commission issue a limited exclusion order and a permanent cease and desist order directed at SK Hynix.