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Samsung files suit in U.S. over HBM patent in continuing legal battle with Netlist

Published: 28 May. 2025, 09:49 Updated: 28 May. 2025, 16:40

A flag with Samsung Electronics' logo flies next to the Korean flag in front of the firm's offices in Seocho District, southern Seoul, on April 8. [NEWS1]

Samsung Electronics has filed a lawsuit in the United States to preempt a patent infringement case from Netlist over high bandwidth memory (HBM) technology, escalating a years-long legal feud that has now shifted to the AI-driven memory sector.

On May 20, Samsung filed a complaint in the U.S. District Court for the District of Delaware seeking a declaratory judgment that it does not infringe on Netlist's U.S. Patent No. 12,308,087, according to public filings accessed Tuesday. The patent covers a DRAM die stacking technique used in HBM.

The move came just one day after Netlist sued Samsung in the Eastern District of Texas, a jurisdiction widely regarded in the industry for being favorable to plaintiffs in patent disputes, alleging that the Korean tech giant infringed on the same patent.

“This lawsuit stems from Netlist’s repeated allegations of patent infringement,” Samsung said in its court filing. “We are asking the court to declare that Samsung Electronics has not infringed on Patent 087.”

The company also argued that “Netlist began threatening to assert this patent even before it was officially issued.”

A view shows Samsung Electronics' chip production plant at Pyeongtaek, Gyeonggi, in this handout picture obtained by Reuters on September 7, 2022. [REUTERS/YONHAP]

Ongoing legal saga

Netlist, founded in 2000 by Hong Chun-ki, a former LG Semicon engineer, has been locked in litigation with Samsung for years.

The two companies signed a cross-licensing agreement in 2015, but the dispute reignited after the deal expired.

A jury in the Eastern District of Texas ordered Samsung to pay $303 million to Netlist in damages in 2023 and another $118 million in a separate case in 2024, both of which are currently under appeal. Multiple other lawsuits between the companies remain ongoing.

Frequent target of 'patent trolls'

Samsung has become a frequent target for patent litigation in the United States, particularly from non-practicing entities — firms that acquire patents for the sole purpose of pursuing licensing fees or settlements.

In 2024 alone, Samsung faced 86 patent lawsuits in the United States, up 70 percent from 51 the previous year. That far exceeds the number of suits filed against other major tech companies: Apple faced 43, Amazon 46, Google 39 and Meta 11.

Experts point to Samsung’s broad product portfolio, large revenue base and active presence in the U.S. market as factors that attract litigation.

“To patent-holding companies, Samsung is a deep pocket,” said Jung Cha-ho, a law professor at Sungkyunkwan University. “With so many products, it becomes a natural target.”

Samsung's logo is seen outside Samsung Electronics' offices in Seocho District, southern Seoul, on April 30. [YONHAP]

The sectors with the highest share of patent disputes in the United States include software, manufacturing, networking, computing and electronics and semiconductors, according to global consulting firm Aon.

The Eastern District of Texas, where Netlist filed its suit, is especially popular among plaintiffs in patent litigation due to its reputation for favoring rights holders and awarding substantial damages. Of the 86 lawsuits Samsung faced in the United States last year, 63 were filed in that district.

Building a patent shield

To better defend itself, Samsung has steadily increased its U.S. patent holdings, registering 9,228 patents in 2024, up from 8,500 in 2022.

“We are expanding our U.S. patent portfolio to respond effectively to disputes,” a company spokesperson said. “We will continue to increase the number of filings to protect our technology.”

Jon Woo-jung, a legal professor at KAIST’s Master's Program in Future Strategy, said companies operating globally must prioritize proactive intellectual property management.

“Companies must build robust in-house patent systems and start managing patent portfolios from the development stage,” Jon said. “They should also consider acquiring patents to avoid potential lawsuits.”

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.
BY PARK HAE-LEE [[email protected]]