USPTO, DOJ Tell ITC To Limit Exceptions in Netlist Case

On November 25, 2025, the United States Patent and Trademark Office (USPTO) filed a joint comment on the public interest with the Department of Justice’s Antitrust Division to urge the U.S. International Trade Commission (USITC) to limit the exceptions to its exclusion orders in Netlist’s infringement case against Google and Samsung.

The USPTO and Antitrust Division stated in their filing that, “The USITC should continue to resist efforts to expand these exceptions into broad categorical exemptions or preliminary barriers to enforcement, as such an approach would undermine the effectiveness of the USITC as a forum for protecting American intellectual property against infringing imports.”

Sterne Kessler Directors Daniel E. Yonan, Donald R. Banowit, William H. Milliken, Richard M. Bemben, and Lauren A. Watt represent Netlist at the ITC.