The United States International Trade Commission (USITC) has launched an investigation into dynamic random access memory (DRAM) devices, products containing such devices, and their components. Netlist claims that DRAM imported into the United States and products based on these wafers infringe its patents. In this case, the company referred to the Tariff Act of 1930.
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This investigation stems from a complaint filed on behalf of Netlist on August 11, 2026, and was amended on August 25. The complaint alleges violations of Section 337 of the Tariff Act of 1930 involving the import and sale into the United States of certain dynamic random access memory (DRAM) devices, products containing such devices, and components thereof. The plaintiffs asked the ITC to issue a limited exclusion order and a cease-and-desist order.
Defendants include Micron Technology, Hewlett Packard Enterprise, Lenovo and Advanced Micro Computer. They are accused of infringing certain claims in U.S. Patent Nos. 10,025,731 (‘731 patent), 10,217,523 (‘523 patent), 12,373,366 (‘366 patent), and 12,675,407 (‘407 patent). The complaint further alleges that an industry exists or is emerging in the United States related to these products, as required by applicable federal law.
The U.S. International Trade Commission’s Notice of Investigation describes the products under investigation: “Certain DRAM devices (especially DDR5 generation DIMMs), products containing such devices (such as servers, computing and storage systems), and their components.”
The investigation, numbered 337-TA-1523, may take a long time. The ITC Chief Administrative Judge assigns the case to one of the ALJs, who schedules and conducts an evidentiary hearing. Its preliminary decisions are subject to review by the U.S. International Trade Commission.
The USITC will set a target date for completion within 45 days of the start of the investigation. USITC’s remedial orders in Section 337 cases are effective upon issuance and become final 60 days later, unless USTR denies approval on public policy grounds within that 60-day period.
In July 2026, Netlist accused Samsung of infringing on memory chip patents used in Google, Nvidia, Broadcom and Super Micro computer products. Little-known company BoomCloud 360 has filed a similar patent lawsuit against Apple, Google, and Samsung with the U.S. International Trade Commission — an outcome that could affect the ability of devices like the AirPods 5 and Galaxy Z Fold8 Ultra to be sold in the country.
If the U.S. International Trade Commission finds that the charges are true, the Commission may impose restrictions on the import and sale of related DRAM-containing products. Such restrictions could fundamentally alter the balance of power in the RAM market.
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