Item 8.01. Other Events.
On April 7, 2020, the U.S. International Trade Commission ("ITC") issued a
Notice of the Commission's Final Determination regarding its Investigation (No.
337-TA-1089) of SK hynix LRDIMM enterprise memory products. This Final
Determination relates to Netlist, Inc.'s second action in the ITC against SK
hynix related to these products. The Notice stated that the ITC finds no
violation of section 337 of the Tariff Act of 1930, as amended and that the
investigation is therefore terminated.
Marc Frechette, Netlist's Chief Licensing Officer commented, "Netlist is
disappointed with the Final Determination and does not agree with the
Commission's decision to overrule the Administrative Law Judge's findings issued
in the Notice of Initial Determination. Netlist plans to appeal this ruling and
will continue to pursue its pending case against SK hynix for patent
infringement, in the U.S. District Court for the Western District of Texas, with
vigor."
Forward-Looking Statements
This Current Report on Form 8-K may contain forward-looking statements within
the meaning of the Private Securities Litigation Reform Act of 1995.
Forward-looking statements provide current expectations or forecasts of future
events and are not guarantees of future performance. The forward-looking
statements are based on Netlist's expectations and are subject to numerous risks
and uncertainties. Forward-looking statements are typically identified by using
words such as "plan," "anticipate," "estimate," "project," "intend," "believe,"
"will" and similar expressions.
Although Netlist's management believes that the expectations reflected in such
forward-looking statements are reasonable, actual results may differ materially
from those expressed or implied in such statements. Undue reliance should not be
placed on the forward-looking statements, which speak only as of the date
hereof. Netlist does not undertake, and specifically disclaims any obligation,
to publicly release the result of any revisions that may be made to update any
forward-looking statement to reflect the events or circumstances after the date
on which the forward-looking statement is made, or reflect the occurrence of
unanticipated events, except to the extent required by law.
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