Case 2:21-cv-00463-JRG Document 23 Filed 05/03/22 Page 1 of 71 PageID #: 436
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`NETLIST, INC.
`
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA,
`INC., SAMSUNG SEMICONDUCTOR,
`INC.
`
`Defendants.
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`Civil Action No. 2:21-CV-463-JRG
`
`JURY TRIAL DEMANDED
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`FIRST AMENDED COMPLAINT
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`1.
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`Plaintiff Netlist, Inc. (“Netlist”), by its undersigned counsel, for its First Amended
`
`Complaint against defendants Samsung Electronics Co., Ltd. (“SEC”), Samsung Electronics
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`America, Inc. (“SEA”), and Samsung Semiconductor, Inc. (“SSI”) (collectively, “Samsung” or
`
`“Defendants”), states as follows, with knowledge as to its own acts, and on information and belief
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`as to the acts of others:
`
`2.
`
`Netlist filed its initial complaint against Defendants on December 20, 2021. Dkt.
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`1 (“Initial Complaint”). In its Initial Complaint, Netlist presented allegations regarding
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`Defendants’ infringement of three of Netlist’s patents: U.S. Patent Nos. 10,860,506 (the “’506
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`Patent,” Ex. 1), 10,949,339 (the “’339 Patent,” Ex. 2), and 11,016,918 (the “’918 Patent,” Ex. 3).
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`Netlist also indicated its intent to assert then pending U.S. Pat. No. 11,232,054 (the “’054 Patent,”
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`Ex. 4) upon issuance. On December 28, 2021, Defendants filed an unopposed motion confirming
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`Petitioners
`Ex. 1073, p. 1
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`

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`
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`the parties’ agreement to waive service for SEC, and set the deadline for Defendants’ answer to
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`the Initial Complaint as April 12, 2022. Dkt. 10. Defendants collectively filed an answer on April
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`12, 2022 (Dkt. 16) without moving to dismiss the Initial Complaint. Netlist now enters its First
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`Amended Complaint as a matter of course pursuant to Fed. R. Civ. Proc., Rule 15(a)(1)(B).
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`3.
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`Upon the entry of this First Amended Complaint, this action now involves six of
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`Netlist’s patents: the ’506 Patent, the ’339 Patent, the ’918 Patent, the ’054 Patent, and U.S. Patent
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`Nos. 8,787,060 (the “’060 Patent,” Ex. 5), and 9,318,160 (the “’160 Patent,” Ex. 6) (collectively,
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`the “Patents-in-Suit”).
`
`I.
`
`THE PARTIES
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`4.
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`Plaintiff Netlist is a corporation organized and existing under the laws of the State
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`of Delaware, having a principal place of business at 111 Academy Drive, Suite 100, Irvine, CA
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`92617.
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`5.
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`On information and belief, SEC is a corporation organized and existing under the
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`laws of the Republic of Korea, with its principal place of business at 129 Samsung-ro, Yeongtong-
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`gu, Suwon, Gyeonggi, 16677, Republic of Korea. On information and belief, SEC is the
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`worldwide parent corporation for SEA and SSI, and is responsible for the infringing activities
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`identified in this First Amended Complaint. On information and belief, SEC’s Device Solutions
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`division is involved in the design, manufacture, use, offering for sale and/or sales of certain
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`semiconductor products, including the Accused Instrumentalities as defined below. On
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`information and belief, SEC is also involved in the design, manufacture, and provision of products
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`sold by SEA.
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`6.
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`On information and belief, SEA is a corporation organized and existing under the
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`laws of the State of New York. On information and belief, SEA, collectively with SEC, operates
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`the Device Solutions division, which is involved in the design, manufacture, use, offering for sale
`
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`Petitioners
`Ex. 1073, p. 2
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`

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`Case 2:21-cv-00463-JRG Document 23 Filed 05/03/22 Page 3 of 71 PageID #: 438
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`and/or sales of certain semiconductor products, including the Accused Instrumentalities as defined
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`below. Defendant SEA maintains facilities at 6625 Excellence Way, Plano, Texas 75023. SEA
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`may be served with process through its registered agent for service in Texas: CT Corporation
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`System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201. SEA is a wholly owned subsidiary of
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`SEC.
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`7.
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`On information and belief, SSI is a corporation organized and existing under the
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`laws of the State of California. On information and belief, SSI, collectively with SEC, operates
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`the Device Solutions division, which is involved in the design, manufacture, use, offering for sale
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`and/or sales of certain semiconductor products, including the Accused Instrumentalities as defined
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`below. On information and belief, Defendant SSI maintains facilities at 6625 Excellence Way,
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`Plano, Texas 75023. Defendant SSI may be served with process through its registered agent
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`National Registered Agents, Inc., 1999 Bryan St., Ste. 900, Dallas, TX 75201-3136. On
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`information and belief, SSI is a wholly owned subsidiary of SEA.
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`8.
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`On information and belief, Defendants have used, sold, or offered to sell products
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`and services, including the Accused Instrumentalities, in this judicial district.
`
`II.
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`JURISDICTION AND VENUE
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`9.
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`Subject matter jurisdiction is based on 28 U.S.C. § 1338, in that this action arises
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`under federal statute, the patent laws of the United States (35 U.S.C. §§ 1, et seq.).
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`10.
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`Each Defendant is subject to this Court’s personal jurisdiction consistent with the
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`principles of due process and/or the Texas Long Arm Statute.
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`11.
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`Personal jurisdiction exists generally over the Defendants because each Defendant
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`has sufficient minimum contacts and/or has engaged in continuous and systematic activities in the
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`forum as a result of business conducted within the State of Texas and the Eastern District of Texas.
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`Personal jurisdiction also exists over each Defendant because each, directly or through
`
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`- 3 -
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`Petitioners
`Ex. 1073, p. 3
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`

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`
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`subsidiaries, makes, uses, sells, offers for sale, imports, advertises, makes available, and/or
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`markets products within the State of Texas and the Eastern District of Texas that infringe one or
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`more claims of the Patents-in-Suit. Further, on information and belief, Defendants have placed or
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`contributed to placing infringing products into the stream of commerce knowing or understanding
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`that such products would be sold and used in the United States, including in this District.
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`12.
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`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b) and (c) and/or
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`1400(b). For example, SEC maintains a regular and established place of business in this judicial
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`district at 6625 Excellence Way, Plano, Texas 75023 and has committed acts of infringement in
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`this judicial district. As another example, SEA maintains a regular and established place of
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`business in this judicial district at 6625 Excellence Way, Plano, Texas 75023 and has committed
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`acts of infringement in this judicial district. Venue is also proper for SSI because it maintains a
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`regular and established place of business in this judicial district at 6625 Excellence Way, Plano,
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`Texas 75023 and has committed acts of infringement in this judicial district.
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`13.
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`Defendants have not contested proper venue in this District. See, e.g., Answer at ¶
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`10, Arbor Global Strategies LLC v. Samsung Elecs. Co., Ltd., No. 2:19-cv-333, Dkt. 43 (E.D. Tex.
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`Apr. 27, 2020); Answer at ¶ 29, Acorn Semi, LLC v. Samsung Elecs. Co., Ltd., No. 2:19-cv-347,
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`Dkt. 14 (E.D. Tex. Feb. 12, 2020).
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`III.
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`FACTUAL ALLEGATIONS
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`Background
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`14.
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`Since its founding in 2000, Netlist has been a leading innovator in high-
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`performance memory module technologies. Netlist designs and manufactures a wide variety of
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`high-performance products for the cloud computing, virtualization and high-performance
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`computing markets. Netlist’s technology enables users to derive useful information from vast
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`Petitioners
`Ex. 1073, p. 4
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`amounts of data in a shorter period of time. These capabilities will become increasingly valuable
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`as the volume of data continues to dramatically increase.
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`15.
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`Netlist has a long history of being the first to market with disruptive new products
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`such as the first load-reduced dual in-line memory module (“LR-DIMM”), HyperCloud®, based
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`on Netlist’s distributed buffer architecture later adopted by the industry for DDR4 LRDIMM.
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`Netlist was also the first to bring NAND flash to the memory channel with its NVvault®
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`NVDIMM. These innovative products built on Netlist’s early pioneering work in areas such as
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`embedding passives into printed circuit boards to free up board real estate, doubling densities via
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`quad-rank double data rate (DDR) technology, and other off-chip technology advances that result
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`in improved performance and lower costs compared to conventional memory.
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`16.
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`In many commercial products, a memory module is a printed circuit board that
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`contains, among other components, a plurality of individual memory devices (such as DRAMs).
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`The memory devices are typically arranged in “ranks,” which are accessible by a processor or
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`memory controller of the host system. A memory module is typically installed into a memory slot
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`on a computer motherboard.
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`17. Memory modules are designed for, among other things, use in servers such as those
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`supporting cloud-based computing and other data-intensive applications. The structure, function,
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`and operation of memory modules is defined, specified, and standardized by the JEDEC Solid
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`State Technology Association (“JEDEC”), the standard-setting body for the microelectronics
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`industry. Memory modules are typically characterized by, among other things, the generation of
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`DRAM on the module (e.g., DDR5, DDR4, DDR3) and the type of module (e.g., RDIMM,
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`LRDIMM).
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`Petitioners
`Ex. 1073, p. 5
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`

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`Case 2:21-cv-00463-JRG Document 23 Filed 05/03/22 Page 6 of 71 PageID #: 441
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`
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`The ’506 Patent
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`The Asserted Netlist Patents
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`18.
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`The ’506 Patent is entitled “Memory Module With Timing-Controlled Data
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`Buffering.” Netlist owns the ’506 Patent by assignment from the listed inventors Hyun Lee and
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`Jayesh R. Bhakta. The ’506 Patent was filed as Application No. 16/391,151 on April 22, 2019,
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`issued as a patent on December 8, 2020, and claims priority to, among others, a utility application
`
`filed on July 27, 2013 (No. 13/952,599) and a provisional application filed on July 27, 2012 (No.
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`61/676,883).
`
`19.
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`Samsung had knowledge of the ’506 Patent no later than August 2, 2021 via its
`
`access to Netlist’s patent portfolio docket. Samsung has also gained knowledge of the ’506 Patent
`
`via the Initial Complaint filed on December 20, 2021.
`
`20.
`
`As described in the ’506 Patent, in conventional memory modules, the “distribution
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`of control signals and a control clock signal in the memory module is subject to strict constraints”
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`to ensure that memory devices on the memory module can be properly accessed. Ex. 1 at 2:16-
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`17. For example, in some conventional memory modules, “control wires are routed so there is an
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`equal length to each memory component, in order to eliminate variation of the timing of the control
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`signals and the control clock signal between different memory devices in the memory modules.”
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`Id. at 2:20-24. But as noted in the ’506 Patent, “[t]he balancing of the length of the wires to each
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`memory devices compromises system performance, limits the number of memory devices, and
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`complicates their connections.” Id. at 2:24-27. In yet other conventional memory systems, the
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`memory controller includes mechanisms such as read or write leveling for compensating for
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`unbalanced wire lengths on the memory module. Id. at 2:30-32. However, with increasing
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`memory operating speed and memory density “such leveling mechanisms are also insufficient to
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`Petitioners
`Ex. 1073, p. 6
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`

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`ensure proper timing of the control and/or data signals received and/or transmitted by the memory
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`modules.” Id. at 2:32-36.
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`21.
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`The ’506 Patent discloses a memory module operable in a memory system with a
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`memory controller that includes memory devices, a module control circuit, and a plurality of buffer
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`circuits coupled between respective sets of data signal lines in a data bus and respective sets of the
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`memory devices. As summarized in the Abstract, “[e]ach respective buffer circuit is configured
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`to receive the module control signals and the module clock signal, and to buffer a respective set of
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`data signals in response to the module control signals and the module clock signal. Each respective
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`buffer circuit includes a delay circuit configured to delay the respective set of data signals by an
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`amount determined based on at least one of the module control signals.” Id., Abstract.
`
`22.
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`The buffer circuits (118, highlighted below) are associated with respective groups
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`of memory devices and are distributed across the memory module at positions corresponding to
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`the respective groups of memory devices as illustrated in the exemplary configuration of Figure
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`2A.
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`Petitioners
`Ex. 1073, p. 7
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`

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`Case 2:21-cv-00463-JRG Document 23 Filed 05/03/22 Page 8 of 71 PageID #: 443
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`23.
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`However, because the buffer circuits—or “isolation devices”—are distributed
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`across the memory module, at high speeds of operation, the same set of module control signals
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`sent by the module control circuit in the module may reach different buffer circuits at different
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`times across one cycle of the system clock. Id. at 9:51-62 (“Because the isolation devices 118 are
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`distributed across the memory module 110, during high speed operations, it may take more than
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`one clock cycle time of the system clock MCK for the module control signals to travel along the
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`module control signals lines 230 from the module control device 116 to the farthest positioned
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`isolation devices 118, such as isolation device ID-1 and isolation device ID-(n−1) in the exemplary
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`configuration shown in FIG. 2.”). The ’506 Patent discloses an embodiment wherein “each
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`isolation devices includes signal alignment circuits that determine, during a write operation, a time
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`interval between a time when one or more module control signals are received from the module
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`control circuit 116 and a time when a write strobe or write data signal is received from the MCH
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`101. This time interval is used during a subsequent read operation to time the transmission of read
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`data to the MCH 101, such that the read data follows a read command by a read latency value
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`associated with the system 100.” Id. at 10:11-21.
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`The ’339 Patent
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`24.
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`The ’339 Patent is entitled “Memory Module With Controlled Byte-Wise Buffers.”
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`Netlist owns the ’339 Patent by assignment from the listed inventors Hyun Lee and Jayesh R.
`
`Bhakta. The ’339 Patent was filed as Application No. 15/470,856 on March 27, 2017, issued as a
`
`patent on March 16, 2021, and claims priority to U.S. Patent Application No. 12/504,131 filed on
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`July 16, 2009, U.S. Patent Application No. 12/761,179 filed on April 15, 2010 and U.S.
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`Application No. 13/970,606 filed on August 20, 2013.
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`Petitioners
`Ex. 1073, p. 8
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`

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`Case 2:21-cv-00463-JRG Document 23 Filed 05/03/22 Page 9 of 71 PageID #: 444
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`25.
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`Samsung had knowledge of the ’339 Patent no later than August 2, 2021 via its
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`access to Netlist’s patent portfolio docket. Samsung has also gained knowledge of the ’339 Patent
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`via the Initial Complaint filed on December 20, 2021.
`
`26.
`
`As described in the ’339 Patent, in optimizing performance of memory subsystems
`
`(e.g. memory modules) “consideration is always given to memory density, power dissipation (or
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`thermal dissipation, speed, and cost.” Ex. 2 at 2:5-7. The ’339 Patent further explains that
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`“[g]enerally, these attributes are not orthogonal to each other, meaning that optimizing one
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`attribute may detrimentally affect another attribute. For example, increasing memory density
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`typically causes higher power dissipation, slower operational speed, and higher costs.” Id. at 2:7-
`
`12. The ’339 Patent is generally directed to a memory module optimized to reduce the load
`
`experienced by a system memory controller via the use of configurable data transmission circuits.
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`27.
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`The ’339 Patent discloses a memory module configured to communicate with a
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`memory controller that includes DDR DRAM devices arranged in multiple ranks each of the same
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`width as the memory module, and a module controller configured to receive and register input
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`control signals for a read or write operation from the memory controller and to output registered
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`address and control signals. As summarized in the Abstract, “[t]he registered address and control
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`signals selects one of the multiple ranks to perform the read or write operation. The module
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`controller further outputs a set of module control signals in response to the input address and
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`control signals. The memory module further comprises a plurality of byte-wise buffers controlled
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`by the set of module control signals to actively drive respective byte-wise sections of each data
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`signal associated with the read or write operation between the memory controller and the selected
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`rank.” Id., Abstract.
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`28.
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`Figure 3A illustrates an example of a memory subsystem consistent with
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`embodiments disclosed in the ’339 Patent.
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`Petitioners
`Ex. 1073, p. 9
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`Case 2:21-cv-00463-JRG Document 23 Filed 05/03/22 Page 10 of 71 PageID #: 445
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`29.
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`As shown above, Figure 3A depicts a memory subsystem 400 including memory
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`modules 402 comprising memory devices 412, data transmission circuits 416 (highlighted above),
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`and module control circuits 430. The data transmission circuits 416 operate to reduce the load
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`experienced by the memory controller 420 to improve performance of a read or write operation.
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`Id. at 17:14-44 (“Referring again to FIG. 3A, when the memory controller 420 executes read or
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`write operations, each specific operation is targeted to a specific one of the ranks A, B, C, and D
`
`of a specific memory module 402. The data transmission circuit 416 on the specifically targeted
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`one of the memory modules 402 functions as a bidirectional repeater/multiplexor, such that it
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`drives the data signal when connecting from the system memory controller 420 to the memory
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`devices 412. The other data transmission circuits 416 on the remaining memory modules 402 are
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`disabled for the specific operation. . . . Thus, the memory controller 420, when there are four four-
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`rank memory modules, sees four load-reducing switching circuit loads, instead of sixteen memory
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`device loads. The reduced load on the memory controller 420 enhances the performance and
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`reduces the power requirements of the memory system . . . .”). In certain embodiments, “the data
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`- 10 -
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`Petitioners
`Ex. 1073, p. 10
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`transmission circuit 416 comprises or functions as a byte-wise buffer. In certain such
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`embodiments, each of the one or more data transmission circuits 416 has the same bit width as
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`does the associated memory devices 412 per rank to which the data transmission circuit 416 is
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`operatively coupled.” Id. at 13:31-36.
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`The ’918 Patent
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`30.
`
`The ’918 Patent is entitled “Flash-DRAM Hybrid Memory Module.” Netlist owns
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`the ’918 Patent by assignment from the listed inventors Chi-She Chen, Jeffrey C. Solomon, Scott
`
`H. Milton, and Jayesh Bhakta. The ’918 Patent was filed as Application No. 17/138,766 on
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`December 30, 2020, issued as a patent on May 25, 2021, and claims priority to, among others, U.S.
`
`Application No. 13,559,476 filed on July 26, 2012; U.S. Application No. 12/240,916 filed on
`
`September 29, 2008; U.S. Application No. 12/131,873 filed on June 2, 2008; as well as to two
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`provisional applications, filed on June 1, 2007 (No. 60/941,586) and July 28, 2011 (No.
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`61/512,871).
`
`31.
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`Samsung had knowledge of the ’918 Patent no later than August 2, 2021 via its
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`access to Netlist’s patent portfolio docket via notice of U.S. Patent Application No. 12/240,916
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`and U.S. Patent Application No. 12/131,873 on August 2, 2021. Samsung has also gained
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`knowledge of the ’918 Patent via the Initial Complaint filed on December 20, 2021.
`
`32.
`
`As summarized in the Abstract, the ’918 Patent discloses a memory module that
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`includes a printed circuit board with an interface that couples it to a host system for provision of
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`power, data, address and control signals, and additionally features “[f]irst, second, and third buck
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`converters [that] receive a pre-regulated input voltage and produce first, second and third regulated
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`voltages. A converter circuit reduces the pre-regulated input voltage to provide a fourth regulated
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`voltage. Synchronous dynamic random access memory (SDRAM) devices are coupled to one or
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`more regulated voltages of the first, second, third and fourth regulated voltages, and a voltage
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`Petitioners
`Ex. 1073, p. 11
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`monitor circuit monitors an input voltage and produces a signal in response to the input voltage
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`having a voltage amplitude that is greater than a threshold voltage.” Ex. 3, Abstract.
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`33.
`
`The ’918 Patent discloses, inter alia, a power module that provides power to various
`
`components of the memory system as depicted in Figure 16, shown below.
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`
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`34.
`
`The ’918 Patent explains that “[t]he power module 1100 provides a plurality of
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`voltages to the memory system 1010 comprising non-volatile and volatile memory subsystems
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`1030, 1040. The plurality of voltages comprises at least a first voltage 1102 and a second voltage
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`1104. The power module 1100 comprises an input 1106 providing a third voltage 1108 to the
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`power module 1100 and a voltage conversion element 1120 configured to provide the second
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`voltage 1104 to the memory system 1010. The power module 1100 further comprises a first power
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`element 1130 configured to selectively provide a fourth voltage 1110 to the conversion element
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`1120. In certain embodiments, the first power element 1130 comprises a pulse-width modulation
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`power controller.” Id. at 28:3-15. “The conversion element 1120 can comprise one or more buck
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`converters and/or one or more buck-boost converters.” Id. at 29:18-19.
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`Petitioners
`Ex. 1073, p. 12
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`35.
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`This design represents a fundamental departure from prior generations of DDR
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`modules for which the voltage regulation was provided by power management units located on
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`motherboards, external to the DDR modules. In contrast, the ’918 Patent (as well as its
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`continuation, the ’054 Patent, discussed below), moves the voltage regulation and many other
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`power management functions into the DDR modules themselves, therefore allowing for more
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`precise and accurate regulation of voltages and more efficient power management.
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`36.
`
`The inventions of the ’918 Patent provide for the effective operation of DDR5
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`memory modules, by enabling, among other benefits, greater power efficiency than previous
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`generations of DDR technology. The DDR5 standard is characterized by the use of an on-module
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`power management system. Samsung itself notes “[t]he on-DIMM PMIC further boosts power
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`management efficiency and power supply stability.” Ex. 12 at 5.
`
`The ’054 Patent
`
`37.
`
`The ’054 Patent is entitled “Flash-DRAM Hybrid Memory Module.” Netlist owns
`
`the ’054 Patent by assignment from the listed inventors Chi-She Chen, Jeffrey C. Solomon, Scott
`
`H. Milton, and Jayesh Bhakta. The ’054 Patent was filed as Application No. 17/328,019 on May
`
`24, 2021, issued as a patent on January 25, 2022, and claims priority to, among others, U.S.
`
`Application No. 13,559,476 filed on July 26, 2012; U.S. Application No. 12/240,916 filed on
`
`September 29, 2008; U.S. Application No. 12/131,873 filed on June 2, 2008; as well as to two
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`provisional applications, filed on June 1, 2007 (No. 60/941,586) and July 28, 2011 (No.
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`61/512,871).
`
`38.
`
`Samsung has had knowledge of the application leading to the ’054 Patent no later
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`than December 20, 2021, and the patent itself no later than January 25, 2022.
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`39.
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`As summarized in the Abstract, the ’054 Patent discloses a memory module that
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`includes a printed circuit board with an interface that couples it to a host system for provision of
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`- 13 -
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`Petitioners
`Ex. 1073, p. 13
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`Case 2:21-cv-00463-JRG Document 23 Filed 05/03/22 Page 14 of 71 PageID #: 449
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`power, data, address and control signals, and additionally features “[f]irst, second, and third buck
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`converters [that] receive a pre-regulated input voltage and produce first, second and third regulated
`
`voltages. A converter circuit reduces the pre-regulated input voltage to provide a fourth regulated
`
`voltage. Synchronous dynamic random access memory (SDRAM) devices are coupled to one or
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`more regulated voltages of the first, second, third and fourth regulated voltages, and a voltage
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`monitor circuit monitors an input voltage and produces a signal in response to the input voltage
`
`having a voltage amplitude that is greater than a threshold voltage.” Ex. 4, Abstract.
`
`40.
`
`The ’054 Patent discloses, inter alia, a power module that provides power to various
`
`components of the memory system as depicted in Figure 16, shown below.
`
`41.
`
`Like the inventions of the ’918 Patent, the inventions of the ’054 Patent provide for
`
`the effective operation of DDR5 memory modules, by enabling, among other benefits, greater
`
`power efficiency than previous generations of DDR technology. See supra ¶¶ 35-36.
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`Petitioners
`Ex. 1073, p. 14
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`

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`Case 2:21-cv-00463-JRG Document 23 Filed 05/03/22 Page 15 of 71 PageID #: 450
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`
`
`The ’060 and ’160 Patents
`
`42.
`
`The ’060 Patent is entitled “Method and Apparatus for Optimizing Driver Load in
`
`a Memory Package.” Netlist owns the ’060 Patent by assignment from listed inventor Hyun Lee.
`
`The ’060 Patent was filed as Application No. 13/288,850 on November 3, 2011, issued as a patent
`
`on July 22, 2014, and claims priority to a provisional application filed on November 3, 2010 (No.
`
`61/409,893).
`
`43.
`
`The ’160 Patent is a continuation of the ‘060 patent and is entitled “Memory
`
`Package with Optimized Driver Load and Method of Operation.” Netlist owns the ’160 Patent by
`
`assignment from listed inventor Hyun Lee. The ’160 Patent was filed as Application No.
`
`14/337,168 on July 21, 2014, issued as a patent on April 19, 2016, and claims priority to, among
`
`others, a utility application filed on November 3, 2011 (No. 13/288,850, which issued as the ‘060
`
`patent) and a provisional application filed on November 3, 2010 (No. 61/409,893).
`
`44.
`
`Samsung had knowledge of the ’060 and ’160 Patents no later than August 2, 2021
`
`via its access to Netlist’s patent portfolio docket. Samsung also has knowledge of the two patents
`
`as of the filing of this First Amended Complaint.
`
`45.
`
`The ’060 and ’160 Patents disclose systems and methods for optimizing a load in a
`
`memory package featuring a control die, array dies, and numerous die interconnects. In contrast
`
`to traditional DDR modules in which different DRAM devices are packaged individually and then
`
`assembled on a common printed circuit boards, the inventions of the ’060 and ’160 Patents are
`
`directed to DDR modules each having multiple vertically stacked DRAM devices interconnected
`
`to a common control circuit, all packaged in a same package.
`
`46.
`
`For example, as summarized in the Abstract, the memory package features at least
`
`two die interconnects, where “[t]he first die interconnect is in electrical communication with a data
`
`port of a first array die and a data port of a second array die and not in electrical communication
`
`
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`- 15 -
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`Petitioners
`Ex. 1073, p. 15
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`

`

`Case 2:21-cv-00463-JRG Document 23 Filed 05/03/22 Page 16 of 71 PageID #: 451
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`
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`with data ports of a third array die. The second die interconnect is in electrical communication
`
`with a data port of the third array die and not in electrical communication with data ports of the
`
`first array die and the second array die.” Ex. 5, Abstract; Ex. 6, Abstract. The memory package’s
`
`control die includes “a first data conduit configured to transmit a data signal to the first die
`
`interconnect and not to the second die interconnect, and at least a second data conduit configured
`
`to transmit the data signal to the second die interconnect and not to the first die interconnect.” Id.
`
`47.
`
`The ’060 and ’160 Patents explain that in conventional memory packages, the die
`
`interconnects are in communication with each of the array dies, which disadvantageously increases
`
`the load on the data conduit. Ex. 5, at 11:32-40. To address this problem, the ’060 and ’160
`
`Patents disclose memory packages with multiple die interconnects in electrical communication
`
`with some, but not all of the array dies, as illustrated below. Id. at 5:46-6:36.
`
`48.
`
`As the ’060 and ’160 Patents explain, in the disclosed memory packages “[e]ach
`
`of these die interconnects 320 may be coupled to, or in electrical communication with at least one
`
`
`
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`- 16 -
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`Petitioners
`Ex. 1073, p. 16
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`

`

`Case 2:21-cv-00463-JRG Document 23 Filed 05/03/22 Page 17 of 71 PageID #: 452
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`
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`port of at least one of the array dies 310. As with the memory package 200, in certain embodiments,
`
`at least one of the die interconnects 320 is in electrical communication with at least one port from
`
`each of at least two array dies 310 without being in electrical communication with a port from at
`
`least one array die 310, which may be in electrical communication with a different die interconnect
`
`320. Id. at 5:54-62 (emphasis added). This enables the memory packages to be designed with
`
`smaller form factor in mind, and lowers power consumption. See id. at 7:22-8:62.
`
`Samsung’s Infringing Activities
`
`49.
`
`Samsung is a global technology company and one of the largest manufacturers of
`
`semiconductor memory products such as DRAM, NAND Flash, and MCP (Multi-Chip Package)
`
`such as high-bandwidth memories (“HBM”). Samsung develops, manufactures, sells, offers to
`
`sell, and imports into the United States memory components and memory modules designed for,
`
`among other things, use in servers such as those supporting cloud-based computing and other data-
`
`intensive applications.
`
`50.
`
`Samsung and Netlist were initially partners under a 2015 Joint Development and
`
`License Agreement (“JDLA”), which granted Samsung a 5-year paid-up license to Netlist’s patents
`
`“having an effective first filing date on or prior to” November 12, 2020. See Netlist Inc. v. Samsung
`
`Elecs. Co., Ltd., No. 20-cv-993, Dkt. 186 at 20-21 (C.D. Cal. Oct. 14, 2021). On information and
`
`belief, Samsung used Netlist’s technologies to develop products both in the mature markets such
`
`as DDR4 memory modules and the emerging market for new generations of DRAM technologies,
`
`including DDR5 and HBMs. Under the JDLA, Samsung was obligated to supply Netlist certain
`
`memory products at competitive prices. Samsung, however, did not honor its promises and
`
`repeatedly failed to fulfill Netlist’s product orders. As a result, Netlist terminated the JDLA on
`
`July 15, 2020, which termination was found effective by a federal district court in the Central
`
`District of California on October 14, 2021. Id.
`
`
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`- 17 -
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`Petitioners
`Ex. 1073, p. 17
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`

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`Case 2:21-cv-00463-JRG Document 23 Filed 05/03/22 Page 18 of 71 PageID #: 453
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`
`
`51.
`
`On February 15, 2022 the Central District Court entered judgement in favor of
`
`Netlist on all three of its contract claims. See Netlist Inc. v. Samsung Elecs. Co., Ltd., No. 20-cv-
`
`993, Dkt. 306 (C.D. Cal. Feb. 15, 2022).
`
`52.
`
`In entering judgement in favor of Netlist on all its claims, Judge Scarsi stated
`
`explicitly that “Netlist terminated the JDLA pursuant to JDLA § 13.2, and Samsung’s licenses and
`
`rights under the JDLA have ceased.” Id. at 2.
`
`53.
`
`Following the entry of Judgment in the Central District, Defendants responded to
`
`Netlist’s Initial Compl