United States International Trade Commission initiated a Section 337 investigation into certain dynamic random access memory devices, products containing the same, and components thereof following a complaint filed on August 11, 2026.<\/p>\n
The U.S. International Trade Commission voted on Sept. 22, 2026, to open a patent investigation into imported DDR5 memory modules and the servers, computers and storage systems that contain them, a case that could end in a ban on those imports1<\/a><\/sup>.<\/p>\n The case, Investigation No. 337-TA-1523, follows a complaint filed on Aug. 11, 2026, by Netlist, Inc. of Irvine, California2<\/a><\/sup>. The Commission published its notice of institution in the Federal Register on Sept. 25, 20261<\/a><\/sup>.<\/p>\n In short, a California company says that some imported server memory copies its patented designs. If the Commission agrees, U.S. customs could stop shipments of these memory modules, and of servers built with them, from the named companies at the border.<\/p>\n Netlist filed its complaint under section 337 of the Tariff Act of 1930, a U.S. law against unfair practices in import trade1<\/a><\/sup>. A supplement to the complaint followed on Aug. 25, 20262<\/a><\/sup>. The complaint says the goods break U.S. patent law when they are imported, sold for import, or sold in the United States after import1<\/a><\/sup>.<\/p>\n Under section 337, infringing a U.S. patent<\/strong> in import trade is an unlawful practice in itself3<\/a><\/sup>. Infringing means making, using or selling something that a patent protects without the owner’s permission. In patent cases, the complaining company does not need to show that the imports injured it3<\/a><\/sup>.<\/p>\n Netlist also says that an industry in the United States exists, or is being set up, for the patented products1<\/a><\/sup>. This is a legal condition of every section 337 patent case. Netlist asks the Commission to issue a limited exclusion order and cease and desist orders<\/strong>1<\/a><\/sup>.<\/p>\n The investigation covers "certain DRAM devices (specifically, DDR5 generation DIMM), and products containing the same (such as servers, computing systems, and storage systems), and components thereof"1<\/a><\/sup>. In plain words, these are DDR5 memory modules<\/strong>, the plug-in memory cards used in computers and servers. DRAM stands for dynamic random access memory, the working memory of a computer.<\/p>\n The case also reaches the larger machines that hold these modules. The notice names servers, computing systems and storage systems as examples1<\/a><\/sup>. Parts of these products are included as well. The Commission’s rules say this plain description in the notice defines the scope of the investigation4<\/a><\/sup>.<\/p>\n Netlist relies on four U.S. patents1<\/a><\/sup>. The notice lists the patent claims, which are the numbered statements of what each patent protects:<\/p>\n That makes 80 patent claims in the case. The Commission will decide whether the imports infringe one or more of them1<\/a><\/sup>.<\/p>\n The Commission named six companies as respondents, the companies accused of breaking section 3372<\/a><\/sup>. They are:<\/p>\n Netlist is the complainant, the company that brought the case1<\/a><\/sup>. The Office of Unfair Import Investigations, a unit of the Commission, is also a party1<\/a><\/sup>. Its lawyer acts as an independent party who represents the public interest3<\/a><\/sup>.<\/p>\n Buyers of servers and storage systems from these brands may be affected. A limited exclusion order covers products of named companies5<\/a><\/sup>. Here that could include servers that contain the accused memory.<\/p>\n The Commission has not yet decided anything on the merits of the case2<\/a><\/sup>. Opening the investigation does not stop any goods today. Shipments of DDR5 memory and servers continue to enter the United States while the case runs.<\/p>\nWhat is the Netlist complaint about?<\/h2>\n
Which memory products does the DRAM case cover?<\/h2>\n
Patent claims in the case, by Netlist patent<\/h4>\n
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Which companies does the Netlist case name?<\/h2>\n
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What could happen to DDR5 shipments at the border?<\/h2>\n
The orders the Commission can issue<\/h4>\n