DRAM Netlist/Samsung 337-TA-1472: terminated on settlement
ITC terminated Investigation 337-TA-1472 after declining to review an ALJ ID granting Netlist and Samsung settlement. Parties, patents, and the customs note for DRAM importers.
The U.S. International Trade Commission determined not to review an initial determination (Order No. 31) terminating Investigation No. 337-TA-1472, Certain Dynamic Random Access Memory (DRAM) Devices, Products Containing the Same, and Components Thereof, based on settlement (91 FR 64678; FR Doc. 2026-20716), published October 9, 2026. The investigation is terminated. The Commission vote and issuance were October 6, 2026.
Netlist and Samsung settled; Google and Super Micro did not oppose. The ALJ granted termination under Commission Rule 210.21(b)(1). No petition for review; the Commission did not review the ID.
Parties and patents
The Commission instituted the investigation on January 2, 2026 on a complaint by Netlist, Inc. (Irvine, California) (91 FR 155-56). The complaint alleged a section 337 violation based on infringement of certain claims of U.S. Patent Nos. 12,373,366; 10,025,731; 10,268,608; 10,217,523; the '035 patent; and 12,308,087. Respondents: Samsung Electronics Co., Ltd. (Suwon, Republic of Korea); Samsung Electronics America, Inc. (Plano, Texas); Samsung Semiconductor, Inc. (Plano, Texas); Google LLC (Mountain View, California); and Super Micro Computer, Inc. (San Jose, California). The Office of Unfair Import Investigations participated. Docket materials are on EDIS.
Partial claim withdrawal, then settlement
On August 24, 2026, the Commission partially terminated the investigation as to listed withdrawn claims (Order No. 29, July 23, 2026, unreviewed August 24, 2026), including all asserted claims of the '035 patent and specified claims of the other asserted patents.
On August 18, 2026, Netlist and Samsung filed a joint motion to terminate as to all Respondents based on settlement. The agreements, per the motion, "completely resolve the dispute between the Settling Parties in this Investigation, as well as between Netlist and any remaining Respondents who receive their accused products from the Samsung Respondents." Google and SMC did not oppose. OUII supported the motion on August 27, 2026. Settlement terms are not described in the Federal Register notice.
Instituted Jan 2, 2026 · Netlist v. Samsung / Google / SMC · OUII participating
Joint settlement motion Aug 18, 2026 · ALJ ID (Order No. 31) Sep 4, 2026 · Rule 210.21(b)(1) · no petition for review
Commission vote and notice issued Oct 6, 2026 · investigation terminated
Termination on settlement ends this investigation without an exclusion order from it. Importers of DRAM devices and products containing them should still monitor other DRAM-related section 337 matters separately. An exclusion order, if issued in another investigation, would govern entry; that is separate from drawback eligibility.
Action items
- Treat 337-TA-1472 as terminated; there is no exclusion order from this investigation.
- Monitor other DRAM 337 dockets on EDIS if your SKUs overlap accused product families.
- Do not infer settlement terms from the FR notice; confidential agreement details are not public there.
- FR Doc. 2026-20716 (91 FR 64678): ITC determined not to review ALJ ID (Order No. 31) terminating 337-TA-1472 on settlement. Vote and issuance Oct 6, 2026; published Oct 9. Investigation terminated.
- Instituted Jan 2, 2026 on Netlist complaint alleging infringement of certain claims of U.S. Patent Nos. 12,373,366; 10,025,731; 10,268,608; 10,217,523; the '035 patent; and 12,308,087. Respondents: Samsung entities, Google, and Super Micro. OUII participating.
- Partial claim withdrawal unreviewed Aug 24, 2026 (Order No. 29). Netlist/Samsung joint settlement motion Aug 18, 2026; Google and SMC did not oppose; OUII supported Aug 27.
- ALJ ID Sep 4, 2026 granted under Commission Rule 210.21(b)(1); confidential and public agreement versions filed; public interest favors settlement. No petition for review.
- No exclusion order from this investigation; monitor other DRAM 337 matters separately. Entry remedies are separate from drawback eligibility.
- Certain Dynamic Random Access Memory (DRAM) Devices, Products Containing the Same, and Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation (91 FR 64678; FR Doc. 2026-20716) · U.S. International Trade Commission
- Electronic Document Information System (EDIS) · U.S. International Trade Commission
This article is for general information and is not legal or tax advice. Drawback eligibility depends on your specific facts, and final refunds are determined by CBP at liquidation. Consult a licensed customs broker or attorney for your situation.