Its Transfer Motion Languishing for Months, SK hynix Asks CAFC to Step In

January 31, 2021

Since 2016, Netlist has twice sued SK hynix in the Central District of California. Each of those suits has been stayed in whole or in part to await the outcome of two parallel actions that Netlist filed against SK hynix before the International Trade Commission (ITC), as well as final outcomes in a storm of corresponding inter partes reviews (IPRs). Last year, things looking tough both domestically and in analogous international proceedings, Netlist sued SK hynix twice more, this time in the Western District of Texas before Judge Alan D. Albright. In May 2020, SK hynix moved for a transfer to California so that the issues universally presented, including Netlist’s declaration of essentiality to JEDEC standards for memory modules and SK hynix’s counterclaims concerning fair, reasonable, and non-discriminatory (FRAND) licensing, might be resolved in a single district court. However, while the transfer motion sat fully briefed for months, the West Texas court pressed forward instead on claim construction, setting a hearing in March 2021. SK hynix has now turned to the Federal Circuit for help.

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