USITC Launches Investigation That Could Block Samsung HBM and DDR5 Imports
N.R. Finch
The US ITC on July 15 formally opened a patent investigation into Samsung's HBM and DDR5 server memory — if an exclusion order is issued, the products would be banned at the border, putting the supply chains of Nvidia, Google, Broadcom, and Supermicro at direct risk.
What exactly is being investigated?
Patent-holding firm Netlist filed a complaint alleging Samsung infringes two US patents covering DDR5 server memory and high-bandwidth memory (HBM) — an ultra-fast memory designed specifically for AI chips.
The ITC launched Investigation No. 337-TA-1511. Named respondents span the AI hardware chain: Samsung, Nvidia, Broadcom, Google, and Supermicro.
This means → this is not an ordinary damages claim. The ITC's most powerful remedy is an exclusion order — a directive to block infringing goods at the border, far more disruptive than a monetary fine.
How long have Netlist and Samsung been fighting?
The patent battle stretches back years. In 2023, a Texas jury awarded Netlist $303 million; the patents at issue were then invalidated by the Patent Trial and Appeal Board in April 2024.
In November 2024, a second Texas jury awarded Netlist another $118 million. Samsung countersued on July 8, 2026, accusing Netlist of "double-dipping" — charging twice for the same technology.
In plain terms = the two sides have traded wins in federal court with no clear resolution. Netlist is now moving the fight to the ITC, where the goal is no longer money — it is blocking Samsung's products from entering the US altogether.
How does an ITC investigation differ from a regular court case?
Federal courts decide how much to pay. The ITC decides whether the product can enter the country — two entirely separate legal tracks.
The ITC's strongest tool is the exclusion order: once issued, US Customs physically stops infringing goods at the port of entry, with no need to pursue case-by-case damages.
Netlist notes that ITC cases move on an accelerated schedule, typically reaching trial within about one year of institution. This means → a decision could come as early as mid-2027.
What does this have to do with Trump's chip tariffs?
On January 14, 2026, President Trump invoked Section 232 to impose a 25% tariff on select advanced AI chips, including the Nvidia H200 and AMD MI325X.
The ITC patent investigation and the government tariff program run on independent tracks — there is no coordination between Netlist and the White House. But in practical effect, both point the same way: restricting foreign chips from reaching the US market.
In plain terms = a tariff says "you can come in, but at a higher price." An exclusion order says "you cannot come in at all." If both locks snap shut at once, the memory supply chain for AI hardware faces a double squeeze.
What does this mean for the AI supply chain?
HBM and DDR5 server memory are overwhelmingly supplied by Korean manufacturers led by Samsung. Near-term alternatives are scarce.
Nvidia, Broadcom, Google, and Supermicro are Samsung's core customers — and all four are named respondents. This means → they face not only supply-disruption risk but also the cost of mounting a defense in the ITC proceeding itself.
This reflects a deeper signal: under the twin pressures of tariffs and patent litigation, the pace of US AI compute expansion is increasingly hostage to whether the memory link in the chain can keep delivering.
Content is for reference only, not financial advice.