Netlist DRAM IV 337 complaint: Micron to Google
USITC receives Netlist DRAM IV section 337 complaint naming Micron, NVIDIA, Broadcom, and Google. Complaint only; distinct from 337-TA-1472.
The U.S. International Trade Commission published a notice of receipt of complaint and solicitation of public interest comments for Certain Dynamic Random Access Memory (DRAM) Devices, Products Containing the Same, and Components Thereof (IV), DN 3939, in the October 1, 2026 Federal Register (91 FR 62558-62559; FR Doc. 2026-20081). A complaint and 19 CFR 210.8(b) submission were filed on behalf of Netlist, Inc. on September 28, 2026. This is receipt of a complaint only; the Commission has not instituted an investigation.
Netlist DRAM IV complaint DN 3939 vs Micron, NVIDIA, Broadcom, and Google. Requested LEO, C&D orders, and a 1337(j) bond. Separate from terminated 337-TA-1472.
What was filed
- Allegation: section 337 violations (19 U.S.C. 1337) in the importation, sale for importation, and sale after importation of certain dynamic random access memory (DRAM) devices, products containing the same, and components thereof (IV).
- Respondents named: Micron Technology, Inc. and Micron Semiconductor Products, Inc. of Boise, Idaho; NVIDIA Corp. of Santa Clara, California; Broadcom Inc. of Palo Alto, California; and Google LLC of Mountain View, California.
- Requested relief: a limited exclusion order, cease and desist orders, and a bond during the 60-day Presidential review period under 19 U.S.C. 1337(j).
- IP detail: the Federal Register notice does not describe the patents or other intellectual property asserted.
- Contact: Lisa R. Barton, Secretary, (202) 205-2000.
Complaint filed Sep 28, 2026 on behalf of Netlist, Inc. · 19 U.S.C. 1337
Public interest comments: 8 calendar days after publication · by our count Oct 9, 2026 · window has passed · max 5 pages · Docket No. 3939
Complainant replies: 3 calendar days after submissions · EDIS electronic filing
Distinct from 337-TA-1472
This DRAM IV complaint is a new docket (DN 3939). It is separate from the earlier Netlist matter against Samsung (and others) in Investigation No. 337-TA-1472, which the Commission terminated based on settlement (see Netlist/Samsung 337-TA-1472 settlement termination). Do not conflate the terminated investigation with this complaint receipt.
Public interest clock
Public interest comments and other written submissions were due by close of business eight calendar days after publication (by our count, the window following October 1, 2026 publication has passed). Submissions are limited to five pages, must reference Docket No. 3939, and are filed on EDIS. The Commission asks about U.S. use of the articles; public health, safety, or welfare concerns; replacement articles and capacity; and impact on U.S. consumers.
This is a section 337 complaint, not an AD/CVD proceeding. If an exclusion order ever issued, it would bar entry of covered articles (no consumption entry, and no duty paid on excluded goods). Any bonded entry during a Presidential review period under 19 U.S.C. 1337(j) is a bond, not a duty.
Action items
- Monitor for institution: server, accelerator, and data center hardware importers with Micron memory or NVIDIA/Broadcom/Google systems in the supply chain should watch for a Federal Register institution notice. Receipt is not institution; do not predict the outcome.
- Track DN 3939 on EDIS: note the docket separately from terminated 337-TA-1472.
- Review supplier indemnities in general terms: procurement teams can check existing indemnity and IP clauses; this is not legal advice.
- FR Doc. 2026-20081 (91 FR 62558-62559): Netlist complaint DN 3939 on Certain Dynamic Random Access Memory (DRAM) Devices, Products Containing the Same, and Components Thereof (IV). Filed Sep 28, 2026. Not instituted.
- Respondents: Micron Technology and Micron Semiconductor Products (Boise, ID); NVIDIA Corp. (Santa Clara, CA); Broadcom Inc. (Palo Alto, CA); Google LLC (Mountain View, CA). Requested LEO, C&D orders, and a 1337(j) bond.
- Public interest comments were due eight calendar days after Oct 1 publication (by our count Oct 9, 2026); that window has passed. Separate from terminated 337-TA-1472 (Netlist/Samsung settlement).
- If an exclusion order ever issued, covered articles would be barred from entry; a Presidential-review bond is a bond, not a duty. Watch for an institution notice.
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