US Netlist files Section 337 investigation applications against Kingston, Lenovo, and other companies, involving DRAM and NAND flash memory products

Netlist filed a Section 337 complaint with the USITC on November 6 alleging that certain DRAM and NAND flash devices and downstream products imported into and sold in the US infringe its rights under the Tariff Act of 1930. The named respondents include Kingston, Lenovo and several affiliates, as well as US distributors CDW, Ingram Micro and Insight Enterprises. The action remains at the application stage, meaning the USITC has not yet formally instituted an investigation or found any violation. The case matters because a Section 337 proceeding can lead to exclusion orders barring affected memory products from the US market, potentially disrupting supply chains for major PC and storage vendors. What to watch next is whether the USITC votes to institute a formal investigation and how broadly any eventual exclusion order might reach across DRAM and NAND product categories.