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 toFlash) memory solutions for the cloud computing and storage markets,announced today that it has filed a First Amended Complaint in theUnited States District Court for the Central District of Californiain Santa Ana, California against Smart Modular Technologies, Inc.,Smart Storage Systems, Inc., Smart Worldwide Holdings, Inc. andDiablo Technologies, Inc (Diablo).Among other things, Netlist's complaint alleges infringement of fiveNetlist patents by the defendants, based in part on the recentlyannounced ULLtraDIMM memory module. Netlist's complaint also allegesantitrust violations by Smart Modular and Smart Worldwide, contendingthat Smart Modular procured a patent (U.S. Patent No. 8,250,295) withblatant inequitable conduct at the US Patent and Trademark Office(USPTO), withheld the patent application leading to the patent fromrelevant JEDEC committees for more than eight years, sought toimproperly enforce that patent against Netlist's JEDEC-compliantHyperCloud(R) product by seeking a preliminary injunction, which wasdenied by the Court, and made deceptive statements to the publicabout its lawsuit against Netlist. Netlist's complaint also allegestrade secret misappropriation and trademark infringement againstDiablo, claiming that Diablo misused Netlist trade secrets and theHyperCloud(R) technology to create the ULLtraDIMM product and othercompeting products.