This summer, Netlist ratcheted up its long-running memory technology campaign, filing new suits against Micron Technology (2:22-cv-00203, 2:22-cv-00294) and Samsung (2:22-cv-00293) in the Eastern District of Texas. Meanwhile, on August 1, 2022, Delaware District Judge Richard G. Andrews resolved a set of motions filed in connection with a declaratory judgment action that Samsung initiated against Netlist last October, a day after a California court ruled, among other things, that Samsung’s license to Netlist’s patents had been properly terminated. That ruling will also affect a 2009 case that Netlist filed against Alphabet (Google), as Samsung’s customer—litigation that came back to life after an extensive reexamination of the patent-in-suit concluded but was stayed again, in mid-July of this year, to await Judge Andrews’s ruling.
Samsung (1:21-cv-01453)has filed a District of Delaware complaint seeking, among other things, declaratory judgments of noninfringement, invalidity, and unenforceability of four memory technology patents from a Netlist portfolio that has been in litigation since 2008. The case follows a May 2020 complaint that Netlist filed against Samsung in the Central District of California alleging breach of a November 2015 joint development and license agreement between the parties. Samsung’s case also drops after a ten-year stay in litigation between Alphabet (Google) and Netlist was lifted earlier this year, after the patent asserted there—one of the four subject to Samsung’s new complaint—emerged from extensive and multiple reexamination proceedings.