IRVINE, Calif., Nov. 14, 2017 /PRNewswire/ -- Netlist, Inc.
(NASDAQ: NLST), today announced the U.S. Court of Appeals for the
Federal Circuit affirmed earlier decisions from the U.S. Patent
Trial and Appeal Board (PTAB) confirming the validity of certain
claims of Netlist's U.S. Pat. Nos. 8,001,434 ("'434 Patent") and
8,359,501 ("'501 Patent").
Netlist's '434 and '501 patents cover self-test technologies
widely used in LRDIMMs, SSDs, and Storage Class Memory.
Netlist has asserted these patents as part of a seven-patent
lawsuit against SanDisk and Diablo Technologies. SanDisk and
Smart Modular filed a total of six petitions for Inter Partes
Review (IPR) challenging the validity of these two patents, which
have now been resolved in Netlist's favor by the Federal
Circuit.
Netlist has also asserted the '434 and '501 patents in the U.S.
International Trade Commission (ITC) against SK hynix's LRDIMM and
RDIMM enterprise memory products. The ITC is expected to
issue a final determination in its investigation of SK hynix by
March 14, 2018. Any appeals
from this final determination will also be heard by the Federal
Circuit.
"We are very pleased that the Federal Circuit has once again
validated key patents from our portfolio covering technologies
widely used in today's high-performance memory products," said
Netlist's Chief Executive Officer, C.K.
Hong. "These decisions bring the total to five Netlist
patents that have prevailed against challenges in the PTAB and
subsequent appeals to the Federal Circuit."
The parties will next have the opportunity to appeal the Federal
Circuit decisions to the U.S. Supreme Court. Petitions for
writ of certiorari must be filed within 90 days from today's
decisions.
About Netlist, Inc.
Netlist is a leading provider of
high-performance modular memory subsystems serving customers in
diverse industries that require superior memory performance to
empower critical business decisions. Flagship products NVvault® and
EXPRESSvault® enable customers to accelerate data running through
their servers and storage and reliably protect enterprise-level
cache, metadata and log data by providing near instantaneous
recovery in the event of a system failure or power outage.
HybriDIMM™, Netlist's next-generation storage class memory product,
addresses the growing need for real-time analytics in Big Data
applications and in-memory databases. Netlist holds a portfolio of
patents, many seminal, in the areas of hybrid memory, storage class
memory, rank multiplication and load reduction. Netlist is part of
the Russell Microcap® Index. To learn more, visit
www.netlist.com.
Safe Harbor Statement
This news release contains
forward-looking statements within the meaning of the Private
Securities Litigation Reform Act of 1995. Forward-looking
statements are statements other than historical facts and often
address future events or the future performance of Netlist.
Forward-looking statements contained in this news release include
express or implied statements regarding the anticipated outcome of
the Final Determination by the Commissioners at the ITC. All
forward-looking statements reflect management's present
expectations regarding future events and are subject to known and
unknown risks, uncertainties and other factors that could cause
actual results to differ materially from those expressed in or
implied by any forward-looking statements. Netlist can
provide no assurance regarding the outcome of the final review by
the Commissioners at the ITC, and if the Final Determination
concludes that Netlist's patents were not violated or that remedies
will not be imposed, then Netlist's prospects and financial
condition may be materially adversely affected. These and
other risks and uncertainties are described in Netlist's quarterly
report on Form 10-Q filed on May 16,
2017, and subsequent filings with the U.S. Securities and
Exchange Commission it makes from time to time. Given these risks,
uncertainties and other important factors, undue reliance should
not be placed on these forward-looking statements. These
forward-looking statements represent Netlist's estimates and
assumptions only as of the date made, and except as required by
law, Netlist undertakes no obligation to revise or update any
forward-looking statements for any reason.
For more information, please contact:
Brainerd Communicators,
Inc.
Mike Smargiassi/ Sharon
Oh
NLST@braincomm.com
(212)
986-6667
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SOURCE Netlist, Inc.