The Federal Circuit Affirms PTAB Ruling Upholding Validity of Netlist ‘608 Patent

-The ‘608 Patent Asserted in the ITC and Part of $118 Million Damages Award Against Samsung-

IRVINE, CA / ACCESS Newswire / December 11, 2025 / Netlist, Inc. (OTCQB:NLST) today announced that the U.S. Court of Appeals for the Federal Circuit (CAFC) has affirmed the December 2024 final written decision by the Patent Trial and Appeal Board (PTAB) upholding the validity of Netlist’s U.S. Patent No. 10,268,608 (the ‘608 Patent) in an Inter Partes Review (IPR) brought by Samsung. The ‘608 Patent had also been challenged in two other IPRs brought by Micron, both of which were denied institution by the PTAB. Samsung has 90 days from the CAFC’s judgment to file a petition to the U.S. Supreme Court.

C.K. Hong, Netlist’s Chief Executive Officer, said: “We are pleased with the appellate court’s ruling. This is the second time this year the CAFC has affirmed a decision validating a Netlist patent. These rulings support Netlist’s efforts to prevent the use of its intellectual property without a license.” In March 2025, the CAFC had issued a judgment affirming the PTAB’s decision upholding the validity of Netlist’s U.S. Patent No. 10,217,523 (the ‘523 Patent) in another IPR brought by Samsung.

The ‘608 and ‘523 Patents are two of the six patents Netlist has asserted in its complaint before the U.S. International Trade Commission (ITC) against Samsung, Google and Super Micro. At the ITC, Netlist is seeking exclusion and cease and desist orders, which would direct U.S. Customs and Border Protection to stop Samsung memory products that infringe Netlist’s patents from entering the U.S. The ‘608 Patent is also part of the November 2024 jury verdict in the U.S. District Court for the Eastern District of Texas where Netlist obtained a $118 million damages award against Samsung.

About Netlist
Netlist is a leading innovator in advanced memory and storage solutions. With a rich portfolio of patented technologies, Netlist’s inventions are foundational to the advancement of AI computing. To learn more about Netlist, please visit www.netlist.com.

Safe Harbor Statement
This news release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements contained in this news release include, without limitation, statements about Netlist’s ability to execute on its strategic initiatives, the results of pending litigations and Netlist’s ability to successfully defend its intellectual property. Forward-looking statements are statements other than historical facts and often address future events or Netlist’s future performance and reflect management’s present expectations regarding future events and are subject to known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those expressed in or implied by any forward-looking statements. These risks, uncertainties and other factors include, among others: risks that Samsung will appeal the final orders by the trial court for the Samsung litigation, risks that Micron will appeal the final orders by the trial court (appeals in general could cause a lengthy delay in Netlist’s ability to collect damage awards, could overturn the verdicts or reduce the damages awards); risks that Netlist will suffer adverse outcomes in its litigation with Samsung, Micron or Google or in its various other active proceedings to defend the validity of its patents; risks related to Netlist’s plans for its intellectual property, including its strategies for monetizing, licensing, expanding, and defending its patent portfolio; risks associated with patent infringement litigation initiated by Netlist, or by others against Netlist, as well as the costs and unpredictability of any such litigation; risks associated with Netlist’s product sales, including the market and demand for products sold by Netlist and its ability to successfully develop and launch new products that are attractive to the market; the success of product, joint development and licensing partnerships; the competitive landscape of Netlist’s industry; and general economic, political and market conditions, including the ongoing conflicts between Russia and Ukraine and Israel and Palestine, factory slowdowns and/or shutdowns, and changes in international tariff policies. All forward-looking statements reflect management’s present assumptions, expectations and beliefs regarding future events and are subject to known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those expressed in or implied by any forward-looking statements. These and other risks and uncertainties are described in Netlist’s Annual Report on Form 10-K for the fiscal year ended December 28, 2024 filed with the SEC on March 28, 2025, and the other filings it makes with the U.S. Securities and Exchange Commission from time to time, including any subsequently filed quarterly and current reports. In particular, you are encouraged to review the Company’s Quarterly Report on Form 10-Q for the quarter ended September 27, 2025 filed with the SEC on November 12, 2025. In light of these risks, uncertainties and other factors, these forward-looking statements should not be relied on as predictions of future events. These forward-looking statements represent Netlist’s assumptions, expectations and beliefs only as of the date they are made, and except as required by law, Netlist undertakes no obligation to revise or update any forward-looking statements for any reason.

For more information, please contact:
Investors/Media
Mike Smargiassi
The Plunkett Group
NLST@theplunkettgroup.com
(212) 739-6729

SOURCE: Netlist, Inc.

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