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Mintz IP Team Delivers ITC Initial Determination Win for Standard Essential Patent

ITC Judge Ruled that Korean Manufacturer SK Hynix Infringed on Mintz Client Netlist’s Standard Essential Patent Related to Server Memory Modules

This important victory solidifies Mintz’s successes on behalf of patent owners at the ITC

A team of Mintz intellectual property attorneys achieved a favorable Notice of Initial Determination at the U.S. International Trade Commission on behalf of the firm’s client Netlist, Inc., a California-based technology company focused on developing innovative server memory module products, including technology that is essential to certain JEDEC memory standards.  Significantly, this is the first time since 2013 that a Section 337 violation has been found based on a standard-essential patent.

For background, Netlist filed a complaint in October 2017 alleging that SK hynix’s LRDIMM and RDIMM products infringed two of Netlist’s standard-essential patents.  Netlist relied on Mintz’s award-winning team of intellectual property attorneys to architect the case. 

The Mintz team expertly presented the complex, technical issues of the case to the Chief Administrative Law Judge (“CALJ”) of the ITC during an evidentiary hearing, and successfully demonstrated that the accused memory module products infringed one of two asserted standard-essential patents. The Mintz team also defeated all of SK hynix’s affirmative defenses, including the contention that Netlist had violated its RAND obligations to implementers of the JEDEC standards.

As a result, on October 21, the CALJ issued a Notice of Initial Determination finding that SK hynix’s sale, sale for importation, and importation into the United States of accused LRDIMM memory modules violated Section 337 due to their infringement of Netlist’s ’907 patent.

“This victory continues Mintz’s successes on behalf of patent owners at the ITC. It is also an important reminder that, contrary to reports otherwise, enforcement of standard-essential patents at the ITC is still possible,” said Michael Renaud, Chair of Mintz’s Intellectual Property Division.

“It was rewarding to deliver a long-fought win for our client, one that recognizes the standard-essential nature of Netlist’s patents and protects the intellectual property that drives their valuable innovations,” said Mintz Member and Lead Counsel James Wodarski.

The Mintz team representing Netlist includes Members James Wodarski, Drew DeVoogd, Steve Akerley, Aarti Shah, and Associates Kristina Cary, Matthew Galica, and Tiffany Knapp.

The matter is ITC Section 337 Investigation No. 1089.

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