A small patent firm just put a US import ban on Micron's DRAM

The ITC instituted Netlist's case against Micron, Supermicro, HPE and Lenovo over the DDR5 modules AI servers run on. The exclusion order Netlist wants would land on the tightest memory market in years, where Micron now grosses 84.6 cents on the dollar.

In this storyMUSKHY
Vincent JiangVincent Jiang · 3 min read
Share
Sanjay Mehrotra, Micron's chief executive, in a grey Micron-branded pullover against a black background
1 / 6Slide 1 of 6
Sanjay Mehrotra, chairman and chief executive of Micron Technology. The ITC case targets the DDR5 server modules driving Micron's record margins.

The United States International Trade Commission has formally opened Investigation No. 337-TA-1523 against Micron, Supermicro, HPE and Lenovo, six weeks after Netlist filed its complaint 12. Netlist, a small Irvine memory-patent firm traded over the counter, wants DDR5 RDIMMs and MRDIMMs, the registered modules that hold an AI server's working memory, barred from US import 13. "We intend to continue our enforcement efforts against unauthorized users such as Micron," Chief Executive C.K. Hong said 1.

Institution opens the case and decides nothing: the respondents will contest infringement, patent validity and the remedy itself, and the commission awards no damages, only import blocks 3. Micron has said nothing in public about the case and faces a 20-day deadline to respond 4.

Samsung paid $898 million for peace

The template arrived on 5 August, when Samsung settled five years of fighting with a license worth up to about $898 million gross, a $1.5 billion memory supply commitment and a 10 million share stake 45. Under the settlement, Samsung also agreed to supply Netlist with documents and declarations for ITC cases against third parties 4. Samsung bought immunity and armed the complainant, so an exclusion order against Micron would tilt DDR5 share toward the licensed rival.

Micron's own record against this plaintiff is ugly. A Texas jury awarded Netlist $445 million in May 2024 for willful infringement of two DDR4 patents, and the Federal Circuit affirmed a Netlist patent against Micron this February 4. Two of the four patents now asserted, the '523 and the '366, have already survived appellate and patent-office challenges, by Tech Times's account 4. The record cuts both ways: on 2 September the same court affirmed board rulings that invalidated every challenged claim of three other Netlist patents 6.

An 84.6 percent margin in the crosshairs

Micron's quarter ended 28 May 2026 booked $41.5 billion of revenue, up 345.7 percent in a year, at an 84.6 percent gross margin 7. Fourth-quarter results follow on 30 September, on the company's own calendar 8. The case targets the family Micron just crowned: a 512GB DDR5 RDIMM shown on 15 September, with volume planned for the second half of 2027 9.

Micron's gross margin swung from -10.8% to 84.6% in eleven quarters

-50%0%50%100%Q4 '23Q2 '24Q4 '24Q2 '25Q4 '25Q2 '26The quarter the ITC case targets
Data
Gross margin
Q3 '23-10.8%
Q4 '23-0.7%
Q1 '2418.5%
Q2 '2426.9%
Q3 '2435.3%
Q4 '2438.4%
Q1 '2536.8%
Q2 '2537.7%
Q3 '2544.7%
Q4 '2556%
Q1 '2674.4%
Q2 '2684.6%
Quarterly gross margin, percent of revenue, calendar quarters as labeled (Micron fiscal periods ended August 2023 through May 2026). Source: Micron SEC filings via Sharadar fundamentals.7

Whoever buys memory pays

In January, 64GB DDR5 RDIMMs traded above $1,500 and 96GB modules above $3,200 on 54-week lead times, with more than 75 percent of DDR5 output already allocated to hyperscalers 4. TrendForce expects third-quarter server DRAM contract prices to rise another 13 to 18 percent, and German retail DDR5 prices in August hit 4.86 times their July 2025 level 10. Carmakers are stripping features as memory costs jump 11.

Micron is the only DRAM maker headquartered in America, and Samsung, SK hynix and Micron together hold roughly 87 percent of industry revenue; China's CXMT, at 10 percent, prices 5 to 10 percent below the incumbents 412. Trial typically comes within a year, a final determination in 12 to 16 months, and any exclusion order faces a 60-day presidential review on public-interest grounds 134.

The only American DRAM maker now sits one trade ruling away from being locked out of American AI servers. If Micron runs Samsung's math, this ends in a license rather than a ban, and the number to watch is the price.

How this brief was made

01Gathered & sourced217 channels · 2,004 articles▾

Agents swept 217 channels and ingested 2,004 articles, then de-duplicated and ranked them for signal.

02Verified & cross-validated12 claims · 18 data feeds▾

Every one of 12 load-bearing claims was checked against primary sources, with 18 live data feeds reconciling the figures and charts.

  1. 1Netlist, Inc. via PRNewswire, "U.S. International Trade Commission Votes to Institute Investigation Into Micron Technology, Inc.", 24 September 2026
  2. 2Phemex News, "USITC Investigates Micron, HPE, Super Micro, Lenovo Over DRAM Patent Claims", September 2026
  3. 3FinanceFeeds, "ITC Opens Netlist Patent Investigation Into Micron Memory Products", 25 September 2026
  4. 4Tech Times via MSN, "Micron DDR5 AI server memory faces Netlist ITC probe; $898M Samsung deal sets bar", 24 September 2026
  5. 5Reuters via Yahoo Finance, "Netlist, Samsung settle patent disputes in new five-year memory deal", 5 August 2026
  6. 6IPWatchdog, "Federal Circuit Upholds PTAB Obviousness Finding Against Memory Module Patent", 2 September 2026
  7. 7Sharadar quarterly fundamentals, from Micron's SEC filings, retrieved 26 September 2026
  8. 8Micron Technology via GlobeNewswire (Business Insider), "Micron Technology to Report Fiscal Fourth Quarter Results on September 30, 2026", 26 August 2026
  9. 9The Robotics Media, "Micron Ships World's First 512GB DDR5 Server Module With TSV Stacking", 20 September 2026
  10. 10The Chosunilbo via MSN, "DRAM retail prices surge globally as AI demand strains supply", 17 August 2026
  11. 11GCN, "A key memory chip in new cars has risen up to 70 percent in price this year", 20 September 2026
  12. 12TechTimes, "CXMT Hits 10% DRAM Share: Samsung's HBM Pivot Handed China Market Vacancy", 3 September 2026
03Reviewed & edited1 human editor▾

One editor read the draft against the evidence, tuned the framing, and signed off before it shipped.

Become a contributor

Reporting on the business of AI and want it read? We take pitches from outside contributors who bring primary sources and a number worth arguing about.

Share

Deepdive

AI-generated from this story and its cited sources. Not investment advice.

Reader comments

0 comments

    Sign up

    Get your curated digest

    After email confirmation, you will receive a daily digest of the most relevant news that matter to your portfolio