Samsung Initiates U.S. Declaratory Judgment Action Amid Ongoing Patent Dispute with Netlist Over HBM Technology

Samsung Electronics has escalated its longstanding patent dispute with Netlist by filing a declaratory judgment complaint in the United States District Court for the District of Delaware on May 20, 2024. The Korean technology leader seeks a judicial declaration that it does not infringe U.S. Patent No. 12,308,087, which covers a DRAM die stacking technique integral to high bandwidth memory (HBM) technology.

This legal action was filed just one day after Netlist initiated a patent infringement lawsuit against Samsung in the U.S. District Court for the Eastern District of Texas, a venue known for its plaintiff-friendly stance in patent cases. Netlist alleges that Samsung’s products infringe the same patent at issue in the Delaware case.

In its Delaware court filing, Samsung characterized the lawsuit as a response to “Netlist’s repeated allegations of patent infringement,” asserting that it has not violated the patent rights claimed by Netlist. Samsung further contended that Netlist threatened to enforce the patent even before it was officially granted.

Netlist, founded in 2000 by former LG Semicon engineer Hong Chun-ki, has been engaged in patent litigation with Samsung for several years. The two companies previously entered into a cross-licensing agreement in 2015, but disputes reignited after the agreement expired.

The litigation history includes significant jury verdicts against Samsung: a $303 million damages award in 2023 and an additional $118 million in 2024, both rendered by courts in the Eastern District of Texas. Samsung is currently appealing these decisions, and multiple other lawsuits between the parties remain active.

Samsung has increasingly become a frequent defendant in U.S. patent litigation, particularly from non-practicing entities that acquire patents primarily to seek licensing fees or settlements. In 2024 alone, Samsung faced 86 patent lawsuits in the United States, marking a 70 percent increase from 51 cases in 2023. This volume surpasses litigation faced by other major technology companies, including Apple (43 suits), Amazon (46), Google (39), and Meta (11).

Legal experts attribute Samsung’s litigation exposure to its extensive product range, substantial revenue, and active presence in the U.S. market. Jung Cha-ho, a law professor at Sungkyunkwan University, noted, “To patent-holding companies, Samsung is a deep pocket. With so many products, it becomes a natural target.”

Patent disputes in the U.S. are most prevalent in sectors such as software, manufacturing, networking, computing, electronics, and semiconductors, according to global consulting firm Aon. The Eastern District of Texas remains a favored venue for patent plaintiffs due to its reputation for awarding substantial damages and protecting rights holders. Of the 86 lawsuits Samsung faced last year, 63 were filed in that district.

In response to the heightened litigation environment, Samsung has been actively expanding its U.S. patent portfolio, registering 9,228 patents in 2024, up from 8,500 in 2022. A company spokesperson stated, “We are expanding our U.S. patent portfolio to respond effectively to disputes. We will continue to increase the number of filings to protect our technology.”