The Federal Circuit Affirms PTAB Ruling Upholding Validity of Netlist '314 Patent

Rhea-AI Summary

Netlist (OTCQB:NLST) said the U.S. Court of Appeals for the Federal Circuit affirmed a October 2023 PTAB final written decision upholding the validity of U.S. Patent No. 10,489,314 on February 23, 2026. Micron has 90 days to seek Supreme Court review.

The release notes this is the third CAFC patent affirmance for Netlist within 12 months and lists related patents asserted in U.S. district court and before the ITC, where Netlist seeks exclusion and cease-and-desist relief against certain Samsung products.

Positive

• CAFC affirmed validity of '314 patent (final court outcome)
• Three CAFC affirmances of Netlist patents within 12 months
• ITC complaint seeks exclusion and cease-and-desist orders

Negative

• WDTX case against Micron is currently stayed

IRVINE, CA / ACCESS Newswire / February 23, 2026 / Netlist, Inc. (OTCQB:NLST) today announced that the U.S. Court of Appeals for the Federal Circuit (CAFC) has affirmed the October 2023 final written decision by the Patent Trial and Appeal Board (PTAB) upholding the validity of Netlist's U.S. Patent No. 10,489,314 (the '314 Patent) in an Inter Partes Review (IPR) brought by Micron. Micron has 90 days from the CAFC's judgment to file a petition to the U.S. Supreme Court.

C.K. Hong, Netlist's Chief Executive Officer, said: "We are pleased that the CAFC affirmed the validity of the '314 Patent. This is the third time within the past 12 months that the CAFC has affirmed the validity of Netlist patents asserted against Micron and/or Samsung. These affirmances of the validity of Netlist's patented technologies attest to Netlist's role as an innovation leader in the semiconductor memory industry."

In 2025, the CAFC affirmed the validity of Netlist's U.S. Patent Nos. 10,268, 608 (the '608 Patent) and 10,217,523 (the '523 Patent), which had been unsuccessfully challenged by both Micron and Samsung before the PTAB. The '314 and '608 Patents are asserted in Netlist's case against Micron in the U.S. District Court for the Western District of Texas (WDTX), which is currently stayed. Netlist U.S. Patent No. 9,824,035 is also asserted against Micron in the WDTX. The PTAB previously found that claims 2 and 6 of the '035 Patent were not invalid. Micron did not appeal that finding.

The '608 and '523 Patents are two of the six patents Netlist has asserted in its complaint before the U.S. International Trade Commission (ITC) against Samsung, Google and Super Micro. At the ITC, Netlist is seeking exclusion and cease and desist orders, which would direct U.S. Customs and Border Protection to stop Samsung memory products that infringe Netlist's patents from entering the U.S.

About Netlist

Netlist is a leading innovator in advanced memory and storage solutions. With a rich portfolio of patented technologies, Netlist's inventions are foundational to the advancement of AI computing. To learn more about Netlist, please visit www.netlist.com.

Safe Harbor Statement

This news release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements contained in this news release include, without limitation, statements about Netlist's ability to execute on its strategic initiatives, the results of pending litigations and Netlist's ability to successfully defend its intellectual property. Forward-looking statements are statements other than historical facts and often address future events or Netlist's future performance and reflect management's present expectations regarding future events and are subject to known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those expressed in or implied by any forward-looking statements. These risks, uncertainties and other factors include, among others: risks that Netlist will suffer adverse outcomes in its litigation with Samsung, Micron or Google or in its various other active proceedings to defend the validity of its patents; risks related to Netlist's plans for its intellectual property, including its strategies for monetizing, licensing, expanding, and defending its patent portfolio; risks associated with patent infringement litigation initiated by Netlist, or by others against Netlist, as well as the costs and unpredictability of any such litigation; the competitive landscape of Netlist's industry; and general economic, political and market conditions, including the ongoing conflicts between Russia and Ukraine and Israel and Palestine, factory slowdowns and/or shutdowns, and changes in international tariff policies. All forward-looking statements reflect management's present assumptions, expectations and beliefs regarding future events and are subject to known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those expressed in or implied by any forward-looking statements. These and other risks and uncertainties are described in Netlist's Annual Report on Form 10-K for the fiscal year ended December 28, 2024 filed with the SEC on March 28, 2025, and the other filings it makes with the U.S. Securities and Exchange Commission from time to time, including any subsequently filed quarterly and current reports. In particular, you are encouraged to review the Company's Quarterly Report on Form 10-Q for the quarter ended September 27, 2025 filed with the SEC on November 12, 2025. In light of these risks, uncertainties and other factors, these forward-looking statements should not be relied on as predictions of future events. These forward-looking statements represent Netlist's assumptions, expectations and beliefs only as of the date they are made, and except as required by law, Netlist undertakes no obligation to revise or update any forward-looking statements for any reason.

For more information, please contact:

Investors/Media
Mike Smargiassi
The Plunkett Group
NLST@theplunkettgroup.com
(212) 739-6729

SOURCE: Netlist, Inc.

View the original press release on ACCESS Newswire

FAQ

What did Netlist announce on February 23, 2026 regarding patent NLST '314?

The Federal Circuit affirmed the PTAB's October 2023 decision upholding U.S. Patent No. 10,489,314. According to the company, Micron has 90 days from the judgment to file a Supreme Court petition.

How many Netlist patent affirmances has the CAFC issued in the past 12 months for NLST?

The company reported three CAFC affirmances of Netlist patents within the past 12 months. According to the company, the '314, '608 and '523 patents were affirmed against prior PTAB challenges.

What is the status of Netlist's district court case against Micron (NLST)?

Netlist's WDTX case against Micron is currently stayed, and the '314 and '608 patents are asserted there. According to the company, the stay remains in place while appeals proceed.

Which Netlist patents are asserted before the ITC and what relief is NLST seeking?

Netlist has asserted the '608 and '523 patents among six total before the ITC and is seeking exclusion and cease-and-desist orders. According to the company, those orders would block infringing Samsung imports.

Did Micron appeal other PTAB findings related to NLST patents?

Micron did not appeal the PTAB finding that claims 2 and 6 of U.S. Patent No. 9,824,035 were not invalid. According to the company, that decision therefore stood without further appeal by Micron.