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Netlist (NLST) announced the United States Patent and Trademark Office and the United States Department of Justice have filed a joint public interest comment in connection with Netlist’s complaint before the United States International Trade Commission against Samsung (SSNLF), Google (GOOGL) and Super Micro (SMCI). 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. 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.”
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