USPTO and USDOJ File Public Interest Comment in Netlist' U.S. International Trade Commission Action Against Samsung

Rhea-AI Summary

{"summary":"","positive":[],"negative":[],"faq":[]}

News Market Reaction

+22.45%

1 alert

+22.45% News Effect

On the day this news was published, NLST gained 22.45%, reflecting a significant positive market reaction.

Data tracked by StockTitan Argus on the day of publication.

Market Reality Check

Price: $1.23 Vol: Volume 1,288,399 is 1.33x...

normal vol

$1.23 Last Close

Volume Volume 1,288,399 is 1.33x the 20-day average of 969,220 shares. normal

Technical Pre-news price of $0.782 was indicated as trading below the 200-day MA of $0.77.

Peers on Argus

Peers in Electronics & Computer Distribution were mixed, with SPRS -2.12% and BR...

Peers in Electronics & Computer Distribution were mixed, with SPRS -2.12% and BRCHF -5.93% while others were flat. This contrasts with NLST’s IP-focused catalyst, suggesting a stock-specific driver rather than a sector-wide move.

Historical Context

5 past events · Latest: Dec 01 (Positive)

Pattern 5 events

Date	Event	Sentiment	Move	Catalyst
Dec 01	ITC support comment	Positive	+22.4%	USPTO and USDOJ support Netlist public interest position in ITC case.
Nov 06	Q3 2025 earnings	Neutral	-2.1%	Q3 sales and gross profit up year over year but losses persist.
Oct 28	Earnings call schedule	Neutral	+0.7%	Announcement of date and time for Q3 results and conference call.
Oct 06	Registered offering	Negative	-34.9%	Dilutive $10.0M registered direct equity and warrant financing.
Sep 30	ITC legal action	Positive	+9.4%	ITC complaint over six patents covering DDR5 modules and HBM imports.

Pattern Detected

Recent history shows strong negative reaction to equity offerings but positive alignment with IP enforcement milestones, while routine earnings and scheduling updates produced modest moves.

Recent Company History

Over the last few months, Netlist combined IP enforcement with balance sheet actions. A Sept 30 ITC complaint against Samsung, Google, and Super Micro tied to DDR5 and HBM patents saw a +9.4% move. The Oct 6 $10.0M registered direct offering drew a sharp -34.86% reaction. Q3 results on Nov 6 with $42.2M net sales and improved gross profit led to only a -2.07% move. The USPTO/USDOJ public-interest comment on Dec 1 then aligned with a strong +22.45% reaction, reinforcing the market’s focus on IP enforcement progress.

Market Pulse Summary

The stock surged +22.4% in the session following this news. A strong positive reaction aligns with t...

Analysis

The stock surged +22.4% in the session following this news. A strong positive reaction aligns with the pattern seen in prior IP enforcement milestones, such as the earlier ITC filing that preceded a +9.4% move. The USPTO and USDOJ public-interest comment underscored support for Netlist’s patent position at the ITC, which previously drove a +22.45% move. However, recent capital raises that led to a -34.86% reaction highlight financing risk that could temper sustained enthusiasm.

Key Terms

united states patent and trademark office (uspto), united states department of justice (usdoj), united states international trade commission (itc), cease and desist orders, +4 more

8 terms

united states patent and trademark office (uspto) regulatory

"announced the United States Patent and Trademark Office (USPTO) and the United States"

The United States Patent and Trademark Office (USPTO) is the federal agency that examines and grants patents and registers trademarks, giving creators official, time-limited rights to inventions and brand names. For investors, USPTO decisions matter because patents and trademarks can protect a company’s products and brand from copycats, support higher pricing or licensing revenue, and influence a company’s value and legal risk—think of it as an official lock and record that helps secure a business’s competitive edge.

united states department of justice (usdoj) regulatory

"Patent and Trademark Office (USPTO) and the United States Department of Justice (USDOJ)"

The United States Department of Justice (USDOJ) is the federal agency that enforces U.S. laws, prosecutes criminal and civil cases, and represents the government in court. Its investigations, lawsuits, consent decrees or fines can materially affect a company’s finances, operations and reputation — like a referee issuing penalties that change the score and the way teams play — making DOJ actions important to investors.

united states international trade commission (itc) regulatory

"complaint before the United States International Trade Commission (ITC) against Samsung"

A U.S. government agency that reviews disputes about imports, anti-dumping or unfair trade practices, and patent-based complaints to decide whether foreign goods should be restricted from U.S. markets. Think of it as a gatekeeper or referee at the border: its rulings can block products, impose duties, or change market access, which can quickly alter a company’s sales, supply chain costs, and competitive position — key factors for investors.

cease and desist orders regulatory

"seeking exclusion and cease and desist orders against the Respondents, which would"

A cease and desist order is an official instruction from a regulator, court, or other authority telling a company or individual to stop a specific activity immediately and to refrain from repeating it, similar to a stop sign enforced by law. For investors, such an order can halt product sales or operations, harm reputation, trigger fines or lawsuits, and create uncertainty that may reduce revenue and depress a company’s stock price.

ddr5 technical

"the following products: DDR5 memory modules, e.g., DDR5 RDIMM, UDIMM, SODIMM"

DDR5 is the latest generation of high-speed volatile memory used as the short-term workspace for computers and servers, like a faster, larger desk where a processor keeps information it’s actively using. It matters to investors because upgrades to DDR5 drive demand across chip makers, computer builders and data-centre operators, affecting sales, pricing power and product cycles; companies that lead in DDR5 production or adoption can gain a competitive and financial edge.

high-bandwidth memory ("hbm") technical

"SODIMM, and MRDIMM, and high-bandwidth memory ("HBM").C.K. Hong, Netlist's"

High-bandwidth memory (HBM) is a type of very fast, power-efficient computer memory built by stacking chips and placing them close to a processor so data can move much faster than with ordinary memory. For investors, HBM matters because it can materially boost performance and battery life in high-end chips for data centers, AI, and graphics, creating product advantages, pricing power, and concentrated supplier or manufacturing risks that affect profits and growth.

antitrust division regulatory

"The Department of Justice's Antitrust Division enforces the federal antitrust laws"

A government office that enforces laws meant to stop companies from unfairly restricting competition, such as forming monopolies, fixing prices, or blocking rivals. Think of it as a referee for the marketplace: its investigations, lawsuits or approvals can block mergers, impose fines, or force behavior changes, and those actions can materially affect a company’s growth prospects, costs and stock value — so investors watch it closely.

u.s. customs and border protection regulatory

"orders against the Respondents, which would direct U.S. Customs and Border Protection"

U.S. Customs and Border Protection (CBP) is the federal agency that controls and inspects goods and people entering and leaving the United States, acting like a gatekeeper for cross‑border trade and travel. Investors care because CBP enforces import rules, duties, inspections and detentions that can delay shipments, raise costs, trigger fines, or block products — effects that can quickly alter a company’s revenues, supply chains and regulatory risk profile.

AI-generated analysis. Not financial advice.

IRVINE, CA / ACCESS Newswire / December 1, 2025 / Netlist, Inc. (OTCQB:NLST) today announced the United States Patent and Trademark Office (USPTO) and the United States Department of Justice (USDOJ) have filed a joint public interest comment in connection with Netlist's complaint before the United States International Trade Commission (ITC) against Samsung, Google and Super Micro (Respondents).

Netlist is seeking exclusion and cease and desist orders against the Respondents, which would direct U.S. Customs and Border Protection to stop Samsung memory products that infringe Netlist's patents from entering the U.S. In the ITC complaint, Netlist asserts that the Respondents infringe U.S. Patent Nos. 12,737,366, 10,025,731, 10,268,608, 10,217,523, 9,824,035, and 12,308,087, by importing into the U.S. the following products: DDR5 memory modules, e.g., DDR5 RDIMM, UDIMM, SODIMM, and MRDIMM, and high-bandwidth memory ("HBM").

C.K. Hong, Netlist's Chief Executive Officer, said "This is the first time in history that the USPTO and USDOJ have weighed in on a public interest issue in a 337 investigation, and they did so in support of Netlist's position on the matter. The USPTO and USDOJ are agencies that advise the President on U.S. IP policy, and this submission reflects the Administration's strong support for American innovation and the enforcement of US patent rights, particularly through injunctive remedy. Netlist anticipates the ITC will decide on institution of an investigation by the end of the year."

As noted in the joint public interest statement, "[t]he USPTO, as the Executive-branch agency charged with examining patent applications, issuing patents, and advising the President on intellectual property policy, has a fundamental interest in ensuring that valid patent rights receive appropriate protection. The Department of Justice's Antitrust Division enforces the federal antitrust laws and has a strong interest in promoting competition, including by promoting a strong and effective patent system to spur innovation and fuel economic growth. Together, the Agencies share the view that the public interest favors robust, predictable enforcement of valid patent rights, particularly at the border, where American innovation often confronts foreign imitation."

The ITC is an independent, non-partisan agency that investigates and makes determinations against unfair acts in the import trade that violate U.S. intellectual property rights. ITC investigations proceed on an expedited basis, commonly progressing to trial within a year.

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 Samsung will appeal the final orders by the trial court for the Samsung litigation, risks that Micron will appeal the final orders by the trial court (appeals in general could cause a lengthy delay in Netlist's ability to collect damage awards, could overturn the verdicts or reduce the damages awards); 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; risks associated with Netlist's product sales, including the market and demand for products sold by Netlist and its ability to successfully develop and launch new products that are attractive to the market; the success of product, joint development and licensing partnerships; 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