DRAM Drama: ITC Probes Patent Pirates in Memory Chip Wars
Published Date: 1/2/2026
Notice
Summary
Netlist, Inc. has asked the U.S. International Trade Commission to investigate certain DRAM memory chips and products that might be breaking their patents. This could lead to import bans and sales stops on these products in the U.S., shaking up the tech market and possibly affecting prices and availability soon. The investigation started in early 2026 and could bring big changes for companies selling these memory devices.
Analyzed Economic Effects
5 provisions identified: 0 benefits, 4 costs, 1 mixed.
Investigation Opened on DRAM Patent Claims
The U.S. International Trade Commission instituted an investigation on December 29, 2025 into alleged patent infringement involving certain DRAM devices. The complaint (filed September 30, 2025 and supplemented on November 20, December 5, December 12, and December 16, 2025) alleges infringement of claims of U.S. Patent Nos. 12,373,366; 10,025,731; 10,268,608; 10,217,523; 9,824,035; and 12,308,087.
Request for Import Bans and Sales Stops
Netlist requested that the Commission issue a limited exclusion order and cease and desist orders after the investigation. Those remedies would block importation into the United States, sale for importation, and sale within the United States after importation of accused products.
Products in Scope: DDR5 DIMMs and HBM
The Commission defined the accused products as "dynamic random access memory devices (specifically DDR5 generation DIMMs and high bandwidth memory (HBM)), products containing the same (such as servers, computing systems, and storage systems), and components thereof." Companies selling or importing these specific products are within the scope of the investigation.
Named Respondents Must Respond Quickly or Risk Waiver
The notice names respondents including Samsung Electronics Co., Samsung Electronics America, Samsung Semiconductor, Google LLC, and Super Micro Computer, Inc. Responses must be submitted in accordance with 19 CFR 210.13 and will be considered if received not later than 20 days after the date of service by the Commission; failure to respond timely may be deemed a waiver and can lead to issuance of exclusion or cease and desist orders.
Public Interest Record and Hearing on Remedies
The presiding administrative law judge will take evidence and hear arguments about the public interest as part of the investigation, and will provide the Commission with findings limited to the statutory public interest factors in 19 U.S.C. 1337(d)(1), (f)(1), and (g)(1).
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