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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