Netlist Files Complaint for Patent Infringement, Antitrust Violations Against Smart Modular, Diablo, Others
Netlist, Inc. (NASDAQ: NLST), a leading provider of high performance and hybrid (DRAM to Flash) memory solutions for the cloud computing and storage markets, announced today that it has filed a First Amended Complaint in the United States District Court for the Central District of California in Santa Ana, California against Smart Modular Technologies, Inc., Smart Storage Systems, Inc., Smart Worldwide Holdings, Inc. and Diablo Technologies, Inc (Diablo).
Among other things, Netlist's complaint alleges infringement of five Netlist patents by the defendants, based in part on the recently announced ULLtraDIMM memory module. Netlist's complaint also alleges antitrust violations by Smart Modular and Smart Worldwide, contending that Smart Modular procured a patent (U.S. Patent No. 8,250,295) with blatant inequitable conduct at the US Patent and Trademark Office (USPTO), withheld the patent application leading to the patent from relevant JEDEC committees for more than eight years, sought to improperly enforce that patent against Netlist's JEDEC-compliant HyperCloud(R) product by seeking a preliminary injunction, which was denied by the Court, and made deceptive statements to the public about its lawsuit against Netlist. Netlist's complaint also alleges trade secret misappropriation and trademark infringement against Diablo, claiming that Diablo misused Netlist trade secrets and the HyperCloud(R) technology to create the ULLtraDIMM product and other competing products.
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