Netlist Patent Case Against SanDisk and Diablo Technologies

Netlist, Inc. announced that the United States District Court of the Northern District of California denied without prejudice a motion to stay Netlist’s patent infringement action against SanDisk Corp. and Diablo Technologies, Inc., who partnered to create the recently released ULLtraDIMM memory module which is accused of infringing seven Netlist patents.

In June of this year SanDisk and Diablo filed petitions in the United States Patent and Trademark Office (USPTO) requesting Inter Partes Review (IPR) of the seven asserted patents. They then joined in a motion to stay the patent case pending resolution of the IPRs. In the Court’s order denying the motion, United States District Judge Yvonne Gonzalez Rogers observed that the mere filing of an IPR petition says little about whether review will be granted.

“We welcome the Court’s decision to allow the patent lawsuit to continue,” said Netlist President and CEO, C.K. Hong. “We are confident in the strengths of our patents asserted in this case and we are eager to press ahead with the patent and related trade secret actions in order to enforce our IP rights. There is ongoing adoption of hybrid memory devices by the industry, and we intend to vigorously protect our industry-leading hybrid memory solution, NVvault NVDIMM, against competitors using our technology.“

Netlist’s IP portfolio now includes 51 issued or granted patents and more than 30 U.S. and foreign pending patent applications in the areas of high performance memory and hybrid memory technologies.