Certain Dynamic Random Access Memory (DRAM) Devices, Products Containing the Same, and Components Thereof (III); Inv. No. 337-TA-1523 (Violation)

This supplemental complaint, filed by Netlist, Inc. in Inv. No. 337-TA-1523, revises the accused product definition to DDR5 generation DIMM DRAM devices and products containing them, adds domestic industry subheadings, and discloses parallel district court litigation involving the '523 and '407 Patents. The supplement narrows and clarifies the accused products to DDR5 DIMMs and downstream servers, computing systems and storage systems. It also informs the Commission of related actions between Netlist and Micron in C.D. Cal. and D. Del. involving the same patents. The text does not itself state the relief sought, though the investigation is a Section 337 violation proceeding. Complainant is Netlist, Inc., represented by Latham & Watkins LLP; the document does not name respondents. Paragraph 4.3 is replaced to define Accused Products as certain DRAM devices (specifically DDR5 generation DIMM), products containing them such as servers, computing systems and storage systems, and components thereof. Subheadings are inserted in the domestic industry section: Significant Investment in Facilities, Significant Employment of Labor, and Substantial Investment in Patent Exploitation. New paragraphs 10.11(a) and 10.11(b) state the '523 Patent is the subject of Netlist v. Micron, No. 8:26-cv-02167 (C.D. Cal.) and Micron's declaratory judgment action of non-infringement, No. 1:26-cv-01014 (D. Del.), both filed August 10, 2026. New paragraphs 10.21 and 10.22 state the same related actions concern the '407 Patent.