ITC Opens Section 337 Investigation into DRAM: Sparked by Netlist

2026-09-28

On September 23, 2026, the U.S. International Trade Commission (ITC) voted to institute a Section 337 investigation into certain dynamic random access memory (DRAM) devices and downstream products and components thereof, Investigation No. 337-TA-1523. The case stems from a complaint filed by Netlist, Inc. with the ITC on August 11, 2026. Netlist alleges that the relevant products violate Section 337 of the U.S. Tariff Act of 1930 in their importation into the U.S., sale for importation, and sale within the U.S. after importation, asserting U.S. Patent Nos. 10,025,731, 10,217,523, 12,373,366, and 12,675,407, and requesting that the ITC issue a limited exclusion order and cease and desist order.

US ITC Opens Section 337 Investigation into DRAM

The named respondents are six entities: Micron Technology, Micron Semiconductor Products, Hewlett Packard Enterprise, Lenovo Group, Lenovo (United States), and Super Micro Computer. In its notice of institution, the ITC defined the scope of investigation as DDR5 DIMMs and servers, computing systems, and storage systems containing such memory, and components thereof. Notably, Hewlett Packard Enterprise, Lenovo, and Super Micro Computer are not DRAM manufacturers; they were included because Netlist alleges that these companies also infringe the patents by importing into or selling within the U.S. downstream products incorporating the accused DRAM. The ITC also stated that institution of the investigation does not mean it has determined that these companies have infringed.

Netlist's Enforcement Model

Netlist was founded in 2000 and is headquartered in Irvine, California. In recent years, the company has gradually shifted its business focus toward IP licensing and litigation monetization. In its annual report, it explicitly states that it will monetize its IP portfolio through selling and licensing technology, and devotes substantial resources to enforcing its rights through patent litigation.

This strategy has yielded considerable returns. In 2021, SK hynix paid a $40 million settlement and entered a five-year patent cross-license agreement; in 2023, a jury awarded approximately $303 million in a Samsung patent case; in 2024, another Samsung case resulted in a $118 million damages award, and Micron was ordered to pay $445 million in another case that year.

Netlist is equally adept at using the Section 337 mechanism. On September 30, 2025, the company filed a Section 337 complaint regarding DDR5 DIMMs and HBM products against Samsung, Google, and Super Micro Computer; on June 16, 2026, it filed again, naming Samsung and users of the relevant products, including NVIDIA, Broadcom, and Google, as respondents. The ITC formally instituted Investigation No. 337-TA-1511 in July.

In Section 337 investigations, the core remedy is not damages but exclusion orders—directly barring the relevant products from entering the U.S. market. Its proceedings are known for “fast institution, tight timeline, and strong sanctions.” Investigations are typically completed within 12 to 16 months after institution, and respondents must file answers within 20 to 30 days after institution, or be deemed in default and face unfavorable rulings.

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