CA (January 28, 2010) - Netlist, Inc. (NASDAQ: NLST) today announced
that it has reached a settlement in the patent infringement lawsuits
with San Jose, CA-based MetaRAM, Inc. The settlement resolves a dispute
between the two companies concerning the use of proprietary memory
modules, power management operations and other related technology.
Under the terms of the settlement, filed in U.S. District Courts in
Delaware and Northern California, MetaRAM will not sell, offer to sell,
release, or commercialize the MetaRAM DDR3 controllers in the U.S. or
outside the U.S. Netlist contended that MetaRAM's DDR3 controllers and
memory modules incorporating such controllers infringed its U.S. Patent
No. 7,289,386, entitled "Memory Module Decoder." A provision in the
settlement protects Netlist if another company purchases MetaRAM's
patent and attempts to seek action against Netlist in the future.
"We are pleased to have successfully resolved this case," said C.K.
Hong, President and CEO of Netlist. "As the pioneer of this technology,
the results of this settlement clearly underscore Netlist's fundamental
patent and product leadership. Netlist's HyperCloud product-line
embodies this foundational technology and Netlist remains committed to
protecting its portfolio of intellectual property."
About Netlist, Inc.
Netlist designs and manufactures high-performance memory subsystems for
the server and high- performance computing and communications markets.
The Company's memory subsystems are developed for applications in which
high-speed, high-capacity memory, functionality, small form factor, and
heat dissipation are key requirements. These applications include
tower-servers, rack-mounted servers, blade servers, high-performance
computing clusters, engineering workstations, and telecommunication
equipment. Netlist maintains its headquarters in Irvine, California with
manufacturing facilities in Suzhou, China.
Safe Harbor Statement
This news release contains forward-looking statements regarding future
events and the future performance of Netlist, including the outcome of
pending litigation, performance of the settlement agreement, future
opportunities and growth for the company's business. These
forward-looking statements involve risks and uncertainties that could
cause actual results to differ materially from those expected or
projected. These risks and uncertainties include, but are not limited
to, the rapidly-changing nature of technology; volatility in the pricing
of DRAM ICs and NAND; changes in and uncertainty of customer demand,
including delays in product qualifications; delays in the Company's and
its customers' product releases and development; introductions of new
products by competitors; changes in end-user demand for technology
solutions; the Company's ability to attract and retain skilled
personnel; the Company's reliance on suppliers of critical components;
fluctuations in the market price of evolving industry standards; and the
political and regulatory environment in the People's Republic of China.
Other risks and uncertainties are described in the Company's annual
report on Form 10-K, dated March 30, 2009, and subsequent filings with
the U.S. Securities and Exchange Commission made by the Company from
time to time. Netlist undertakes no obligation to publicly update or
revise any forward-looking statements, whether as a result of new
information, future events or otherwise.
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Allen & Caron Inc
Jill Bertotti (investors)
Len Hall (media)
Chief Financial Officer
Jan 28, 2010