Federal Circuit upholds Netlist patent validity in Samsung case

The U.S. Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board ruling upholding the validity of Netlist Inc.'s (OTCQB: NLST) U.S. Patent No. 10,268,608 in an Inter Partes Review brought by Samsung Electronics Co.

The Patent Trial and Appeal Board issued its final written decision in December 2024 validating the patent, known as the '608 Patent, after Samsung challenged its validity. Samsung has 90 days from the Federal Circuit's judgment to file a petition to the U.S. Supreme Court.

The '608 Patent had also been challenged in two other Inter Partes Reviews brought by Micron Technology Inc., both of which were denied institution by the Patent Trial and Appeal Board.

This marks the second time in 2025 that the Federal Circuit has affirmed a decision validating a Netlist patent. In March 2025, the appellate court issued a judgment affirming the Patent Trial and Appeal Board's decision upholding the validity of Netlist's U.S. Patent No. 10,217,523 in another Inter Partes Review brought by Samsung.

The '608 and '523 Patents are among six patents Netlist has asserted in its complaint before the U.S. International Trade Commission against Samsung, Google Inc. and Super Micro Computer Inc. At the International Trade Commission, Netlist seeks exclusion and cease and desist orders that would direct U.S. Customs and Border Protection to stop Samsung memory products from entering the U.S.

The '608 Patent was part of a November 2024 jury verdict in the U.S. District Court for the Eastern District of Texas where Netlist obtained a $118 million damages award against Samsung.

"We are pleased with the appellate court's ruling," said C.K. Hong, Netlist's Chief Executive Officer. "These rulings support Netlist's efforts to prevent the use of its intellectual property without a license."

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