The notice

The Commission's notice of receipt of complaint and solicitation of comments relating to the public interest was issued November 6, 2026. 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 November 5, 2026. 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 dynamic random access memory (DRAM) devices and NAND flash memory devices, products containing the same, and components thereof.

The complaint names 18 respondents: Kingston Technology Corp., Kingston Technology Co., Inc., and Kingston Digital, Inc., of Fountain Valley, California; Kingston Technology Far East Corp. and Kingston Solutions, Inc., of Taiwan; Kingston Technology Co., Ltd. and Kingston Technology (Shanghai) Co. Ltd., of China; Lenovo Group Ltd., Lenovo PC HK Ltd., and Lenovo (Beijing) Ltd., of China; Lenovo (United States) Inc. and Lenovo Global Tech. (United States) Inc., of Morrisville, North Carolina; CDW Corp. and CDW Logistics LLC, of Vernon Hills, Illinois; Ingram Micro Inc. of Irvine, California; Insight Enterprises, Inc. and Insight Direct USA, Inc., of Chandler, Arizona; and Zones, LLC of Auburn, Washington. Netlist asks for a limited exclusion order, cease and desist orders, and a bond on the respondents' alleged infringing articles during the 60-day Presidential review period under 19 U.S.C. 1337(j).

Public interest comments

The notice invites proposed respondents, other interested parties, members of the public, and interested government agencies to comment on whether the requested relief would affect the public health and welfare in the United States, competitive conditions in the U.S. economy, the production of like or directly competitive articles in the United States, or U.S. consumers. It asks in particular how the articles are used in the United States, whether there are public health, safety, or welfare concerns, whether like or directly competitive articles made in the United States by Netlist, its licensees, or third parties could replace them, whether those suppliers could replace the volume of articles within a commercially reasonable time, and how the requested orders would affect U.S. consumers. Written submissions are due by close of business eight calendar days after the notice is published in the Federal Register, and the complainant may reply within three calendar days after the date the submissions are due. Submissions and replies are limited to five pages and should refer to Docket No. 3946.

The California case against Kingston

Netlist is already suing the seven Kingston companies in Netlist, Inc. v. Kingston Technology Corporation, No. 8:26-cv-03262 (C.D. Cal.), filed November 4, 2026, the day before the ITC complaint. The caption names Kingston Technology Corporation, Kingston Technology Company, Inc., Kingston Digital, Inc., Kingston Technology Far East Corp., Kingston Solutions, Inc., Kingston Technology Co., Ltd., and Kingston Technology (Shanghai) Co. That complaint asserts four U.S. patents and alleges that Netlist owns each by assignment:

  • U.S. Patent 10,025,731, Memory Module and Circuit Providing Load Isolation and Noise Reduction, filed May 18, 2015, issued July 17, 2018.
  • U.S. Patent 12,675,407, Memory Module with Local Clock Signals, filed November 1, 2024, issued July 7, 2026.
  • U.S. Patent 11,200,120, Hybrid Memory System with Configurable Error Thresholds and Failure Analysis Capability, filed July 19, 2019, issued December 14, 2021.
  • U.S. Patent 11,914,481, Hybrid Memory System with Configurable Error Thresholds and Failure Analysis Capability, filed January 13, 2023, issued February 27, 2024.

The complaint alleges, on information and belief, that Kingston DDR5 registered dual in-line memory modules (RDIMMs) infringe the '731 and '407 patents and that Kingston solid-state drives infringe the '120 and '481 patents, directly, by inducement, and contributorily, and it alleges that the infringement is willful. The accused modules include Server Premier RDIMMs listed by part number, Kingston FURY Renegade Pro DDR5 RDIMMs, and RDIMMs that the complaint says Kingston makes for specific customers, such as part LV48R40BD8HA-32IIMI for Lenovo. The accused drives include enterprise DC600M, DC2000B, and DC3000ME series drives and FURY Renegade, FURY Renegade G5, KC600, KC3000, A400, and NV3 series drives. Netlist seeks damages, enhanced damages, attorneys' fees, and equitable relief, and demands a jury.

Netlist's earlier suit against Kingston Technology Corporation and Kingston Technology Company, Inc., No. 8:26-cv-03047 (C.D. Cal.), filed October 16, 2026, asserts two other patents, U.S. Patents 12,373,366 and 12,762,074.

Receipt is not institution

Under 19 CFR 210.10(a)(1), the Commission determines whether to institute an investigation within 30 days after a 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 Federal Register publication of the receipt notice, which starts the eight-day comment period, any public interest submissions and replies, and the Commission's decision on institution, which would define the scope of any investigation. In California, watch for Kingston's response to the complaint and, if an investigation is instituted, any request under 28 U.S.C. 1659 by a party that is also a Respondent to stay claims involving the same issues. Either matter can end at any time, including by settlement or withdrawal.