The Commission's notice of receipt of complaint for DN 3939 was published October 1, 2026, at 91 Fed. Reg. 62558 (FR Doc. 2026-20081). It says the Commission received a complaint and a submission under section 210.8(b) of its Rules of Practice and Procedure, filed on behalf of Netlist, Inc. on September 28, 2026. The notice was issued the same day. The complaint is entitled Certain Dynamic Random Access Memory (DRAM) Devices, Products Containing the Same, and Components Thereof (IV).
The complaint alleges violations of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain DRAM devices, products containing the same, and components thereof. It names as respondents Micron Technology, Inc. and Micron Semiconductor Products, Inc., both of Boise, Idaho; NVIDIA Corp. of Santa Clara, California; Broadcom Inc. of Palo Alto, California; and Google LLC of Mountain View, California. Netlist requests a limited exclusion order, cease and desist orders, and a bond on respondents' alleged infringing articles during the 60-day Presidential review period under 19 U.S.C. 1337(j). The notice does not list patent numbers or identify specific accused products.
How it relates to Netlist's earlier complaint
The caption ends in (IV). On September 25, 2026, the Commission published notice instituting Inv. No. 337-TA-1523, Certain Dynamic Random Access Memory (DRAM) Devices, Products Containing the Same, and Components Thereof (III), on a complaint Netlist filed August 11, 2026 (DN 3930) and supplemented August 25. That investigation covers claims of U.S. Patents 10,025,731, 10,217,523, 12,373,366, and 12,675,407 and accused DDR5 DIMMs and products containing them, and its respondents are the two Micron entities, Hewlett Packard Enterprise Co., Lenovo Group Ltd., Lenovo (United States) Inc., and Super Micro Computer, Inc. Only the two Micron entities are named in both. The DN 3939 notice does not mention the earlier investigation or say which patents or products the new complaint involves.
Public interest comments
The notice invites proposed respondents, other interested parties, members of the public, and interested government agencies to comment on any public interest issues raised by the complaint or the section 210.8(b) filing, including how the articles potentially subject to the requested orders are used in the United States; any public health, safety, or welfare concerns; whether like or directly competitive articles made in the United States could replace them; whether Netlist, its licensees, or third-party suppliers could replace the volume of excluded articles within a commercially reasonable time; and how the orders would affect U.S. consumers. Submissions are limited to five pages and are due by close of business eight calendar days after publication, which is Friday, October 9, 2026. Netlist may reply within three calendar days after that due date.
Receipt is not institution
Under 19 CFR 210.10(a)(1), the Commission determines whether the complaint is properly filed and whether to institute an investigation within 30 days after the complaint is filed, unless an exception applies, such as exceptional circumstances, a request by the complainant to postpone the determination, or withdrawal of the complaint. Under 19 CFR 210.10(b)(1), an investigation is instituted by publication of a notice in the Federal Register.
What to watch next
Watch for the public interest submissions due October 9, any replies, and the Commission's decision on institution, which would be published in the Federal Register. Netlist can also withdraw the complaint, or the parties can settle, before institution.