The U.S. International Trade Commission (ITC) has launched an investigation into whether memory semiconductors such as Samsung Electronics' high-bandwidth memory (HBM) and DDR5 infringe patents. The move follows a complaint by Netlist, a U.S. semiconductor corporations often called a "patent troll," alleging violations of Section 337 of the U.S. Customs Act.
According to the industry on the 31st, the ITC announced on the 29th (local time) that it would investigate whether Samsung Electronics' HBM and DDR5 memory semiconductors violate Section 337 of the U.S. Customs Act. Those surveyed include Samsung Electronics, Samsung Electronics' U.S. subsidiary, Samsung Electronics' semiconductor U.S. subsidiary, as well as customer Google.
Netlist filed the lawsuit on Sept. 30. The entities subject to investigation are Samsung Electronics, Samsung Electronics America, and Samsung Electronics' semiconductor U.S. entity, and customer Google also made the list of those surveyed.
Netlist said Samsung Electronics' HBM and DDR5 memory semiconductors infringe its DRAM-related patents, and requested that the ITC issue a limited exclusion order and a cease-and-desist order for patent infringement. If granted, the measures could restrict imports and sales in the United States not only of Samsung Electronics' memory semiconductors but also of finished goods servers equipped with them.
There is also talk that this investigation could extend to servers and computing systems that use memory. As a result, some expect the scope to expand beyond standalone memory to the broader system. In the industry, the view is that Netlist included customer Google among those surveyed to increase pressure on Samsung Electronics.
The industry is paying attention to the possibility that the ITC probe could raise uncertainty surrounding Samsung Electronics' next-generation HBM business. Samsung Electronics is seeking to supply HBM4 for Nvidia's next-generation AI accelerator "Rubin" and Google's tensor processing unit (TPU).
However, the prevailing view is that the investigation is unlikely to actually block Samsung Electronics' memory exports to the United States. Many major big tech corporations in the United States receive memory supplies from Samsung Electronics, making it difficult for the ITC to impose a broad import ban, analysts say.
The ITC also said, "The initiation of an investigation does not imply a determination on the merits."
Samsung Electronics also said, "The patent dispute with Netlist is an extension of litigation already underway," adding, "The ITC's initiation of an investigation is a procedure typically carried out when a lawsuit is filed." Samsung Electronics held back on offering a specific stance.
Netlist has been engaged in litigation over alleged patent infringement with Samsung Electronics since 2020. SK hynix also concluded its long-running dispute with Netlist in 2021 by agreeing to pay royalties.