IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

NETLIST, INC.

Plaintiff,

vs.

SK HYNIX INC. and 

SK HYNIX AMERICA INC.

Defendants.

Civil Action No. 6:20-cv-00194-ADA

Civil Action No. 6:20-cv-00525-ADA

JURY TRIAL DEMANDED

JOINT CLAIM CONSTRUCTION STATEMENT

Plaintiff Netlist, Inc. and Defendants SK hynix Inc. and SK hynix America Inc.

(collectively “Defendants”) submit this Joint Claim Construction Statement for the asserted claims 

of United States Patent Nos. 9,858,218 (“the ‘218 Patent”); 10,474,595 (“the ‘595 Patent”) for the 

‘194 case; and 10,217,523 (“the ‘523 Patent”) for the ‘525 case (together, the “Asserted Patents”).

There are no claim terms on which the parties agree as to construction. The following charts

shows the list of disputed terms, the patent claim(s) in which the term appears, and each party’s 

proposed construction for the term. 

For the ’218 and ’595 Patents, Netlist proposed the following terms for construction: 

“mode” and “one or more training sequences.” SK hynix proposed the following terms for 

construction: “first mode,” “second mode,” “one or more training sequences,” “notification signal 

associated with the [one or more training sequences],” “information related to the [one or more 

training sequences],” and “open-drain signals related to the [one or more training sequences].”

Case 6:20-cv-00194-ADA Document 94 Filed 02/24/21 Page 1 of 7
2

U.S. Patent Nos. 9,858,218 and 10,474,595

Claim Term Plaintiff Defendants

“mode” / 

“first mode” 

/ “second 

mode”

’218 Patent 

cls. 1 and 7

’595 Patent 

cls. 1, 8, 15, 

and 16

Distinct behavioral state that a system 

may be switched to

Neither “first” nor “second” require 

construction

Plain and ordinary meaning in the 

context of the claims and 

specification:

For the ’218 Patent:

“first mode” means 

“initialization mode”

“second mode” means 

“operational mode”

For the ’595 Patent:

“first mode” means 

“operational mode”

“second mode” means 

“initialization mode”

“one or 

more 

training 

sequences”

’218 Patent 

cls. 1, 7, 8, 

15, and 22

’595 Patent 

cls. 1, 6, 7, 9, 

10, 12, 13, 

and 14

One or more operations related to 

synchronization of a receiver circuit 

to an incoming signal

“training sequence” means 

“operations, steps or tasks completed 

by the memory module in a particular 

order to train itself as part of its 

initialization”

No construction necessary for the rest 

of the term/phrase.

“notification 

signal 

associated 

with the [one 

or more 

training 

sequences]”

’218 Patent 

cls. 1 and 15

“Notification signal” should receive 

its plain and ordinary meaning, which 

does not encompass polling.

“One or more training sequences” 

means “one or more operations 

related to synchronization of a 

receiver circuit to an incoming 

signal.” 

The remainder of the term does not 

require construction and should 

“an unscheduled signal provided 

without polling that indicates the 

status of the [one or more training 

sequences]”

The “one or more training sequences” 

language is addressed above.

Case 6:20-cv-00194-ADA Document 94 Filed 02/24/21 Page 2 of 7
3

U.S. Patent Nos. 9,858,218 and 10,474,595

Claim Term Plaintiff Defendants

receive its plain and ordinary 

meaning.

“information 

related to 

the [one or 

more 

training 

sequences]”

’595 Patent 

cls. 1 and 7

“One or more training sequences” 

means “one or more operations 

related to synchronization of a 

receiver circuit to an incoming 

signal.”

The remainder of the term does not 

require construction and should 

receive its plain and ordinary 

meaning.

“information provided without 

polling at an unscheduled time that 

indicates the status of the [one or 

more training sequences]”

The “one or more training sequences” 

language is addressed above.

“open-drain 

signals 

related to 

the [one or 

more 

training 

sequences]”

’595 Patent 

cls. 10, 12, 

and 14

“One or more training sequences” 

means “one or more operations 

related to synchronization of a 

receiver circuit to an incoming 

signal”

The remainder of the term does not 

require construction and should 

receive its plain and ordinary 

meaning.

“an unscheduled signal provided 

without polling from an open-drain 

output that indicates the status of the 

[one or more training sequences]”

The “one or more training sequences” 

language is addressed above.

For the ’523 Patent, Netlist proposed that no asserted claim terms require construction. 

SK hynix proposed the following terms for construction: “first mode,” “second mode,” “data 

handler logic element[s],” “data handler,” and “data module.”

U.S. Patent No. 10,217,523

Claim Term Plaintiff Defendants

“first mode”

’523 Patent 

cls. 1, 2, 19, 

and 20

The term “first” does not require 

construction.

The term “mode” means “a distinct 

behavioral state that a system may be 

switched to.”

Plain and ordinary meaning in the 

context of the claims and 

specification: 

“normal mode”

“second 

mode”

The term “second” does not require 

construction.

Plain and ordinary meaning in the 

context of the claims and 

specification: 

Case 6:20-cv-00194-ADA Document 94 Filed 02/24/21 Page 3 of 7
4

U.S. Patent No. 10,217,523

Claim Term Plaintiff Defendants

’523 Patent 

cls. 1, 4, 11, 

19, 20, 24, 

30, and 32

The term “mode” means “a distinct 

behavioral state that a system may be 

switched to.”

“self-test mode”

“data 

handler 

logic 

element[s]”

’523 Patent 

cls. 1, 2, 5, 

10, 14, 17, 

19, and 23

The term “data handler logic 

element[s]” does not require 

construction and should receive its 

plain and ordinary meaning as 

understood by a person of ordinary 

skill in the art at the time of the 

invention.

“logic element(s) that generate and 

manage data, where generate means 

to produce (i.e., bring into existence, 

including by transformation or 

modification of information and/or 

data received from another 

component), which does not include 

packing and unpacking data from a 

packet, and manage means to process, 

transfer and/or control the movement 

of”

“data 

handler”

’523 Patent 

cls. 1, 2, 4, 5, 

8, 9, 10, 11, 

14, 17, 19, 

20, 23, 24, 

26, 28, 29, 

30, 31, 32, 

and 34

The term “data handler” does not 

require construction and should 

receive its plain and ordinary meaning 

as understood by a person of ordinary 

skill in the art at the time of the 

invention.

“circuitry that generates and manages 

data, where generate and manage 

have the meanings set forth above”

“data 

module”

’523 Patent 

cls. 2, 6, 7, 

15 and 18

The term “data module” does not 

require construction and should 

receive its plain and ordinary meaning 

as understood by a person of ordinary 

skill in the art at the time of the 

invention.

“module including at least one [data 

handler]”

Dated: February 24, 2021

/s/ Andrew H. DeVoogd

James M. Wodarski

 (Admitted pro hac vice)

 Massachusetts BBO No. 627036

 E-mail: JWodarski@mintz.com

Andrew H. DeVoogd 

 (Admitted to practice in WDTX)

Case 6:20-cv-00194-ADA Document 94 Filed 02/24/21 Page 4 of 7
5

 Massachusetts BBO No. 670203

 E-mail: AHDeVoogd@mintz.com

Matthew S. Galica

 (Admitted pro hac vice)

 Massachusetts BBO No. 696916

 E-mail: MSGalica@mintz.com

MINTZ LEVIN COHN FERRIS GLOVSKY AND 

 POPEO P.C.

One Financial Center

Boston, MA 02111

Tel: 617-542-6000

Fax: 617-542-2241

J. Stephen Ravel

 Texas State Bar No. 16584975

 Email: steve.ravel@kellyhart.com

KELLY HART & HALLMAN LLP

303 Colorado, Suite 2000

Austin, Texas 78701

Tel: (512) 495-6429

COUNSEL FOR PLAINTIFF NETLIST INC.

By: /s/ Michael D. Hatcher 

Michael D. Hatcher (pro hac vice)

Texas Bar No. 24027067

SIDLEY AUSTIN LLP

2021 McKinney Avenue, Suite 2000

Dallas, TX 75201

Telephone: (214) 981-3300

Facsimile: (214) 981-3400

mhatcher@sidley.com

Barry K. Shelton

Texas State Bar No. 24055029

SHELTON COBURN LLP

311 RR 620, Suite 205

Austin, TX 78734-4775

Telephone: (512) 263-2165

Facsimile: (512) 263-2166

bshelton@sheltoncoburn.com

David C. Giardina

Illinois Bar No. 6225008 (pro hac vice)

SIDLEY AUSTIN LLP

One South Dearborn

Case 6:20-cv-00194-ADA Document 94 Filed 02/24/21 Page 5 of 7
6

Chicago, IL 60603

Telephone: (312) 853-7000

Facsimile: (312) 853-7036

dgiardina@sidley.com

Brian R. Nester

DC Bar No. 460225 (pro hac vice)

Joseph A. Micallef

DC Bar No. 443679 (pro hac vice)

SIDLEY AUSTIN LLP

1501 K Street, N.W.

Washington, D.C. 20005

Telephone: (202) 736-8000

Facsimile: (202) 736-8711

bnester@sidley.com

jmicallef@sidley.com

COUNSEL FOR DEFENDANTS

SK HYNIX INC. AND SK HYNIX AMERICA INC

Case 6:20-cv-00194-ADA Document 94 Filed 02/24/21 Page 6 of 7
7

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing document 

has been served on February 24, 2021 to all counsel of record who are deemed to have consented 

to electronic service via the Court’s CM/ECF system.

/s/ Andrew H. DeVoogd

Andrew H. DeVoogd

Case 6:20-cv-00194-ADA Document 94 Filed 02/24/21 Page 7 of 7