IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

NETLIST, INC.,

 Plaintiff

-vsSK HYNIX INC., SK HYNIX AMERICA INC.,

 Defendants

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6-20-CV-00194-ADA

6-20-CV-00525-ADA

CLAIM CONSTRUCTION ORDER

The parties requested the Court to construe claim terms of United States Patent Nos. 

9,858,218; 10,474,595; and 10,217,523. The Court provided preliminary constructions on March 

3, 2021 and held a claim construction hearing on March 4, 2021, during which the Court heard 

argument on the following claim terms: (1) “notification signal associated with the [one or more 

training sequences]”; (2) “information related to the [one or more training sequences]”; (3) 

“open-drain signals related to the [one or more training sequences]”; (4) “first mode”; (5) 

“second mode.”

After careful consideration of the parties’ briefs, oral argument, and agreements after the 

hearing, and the applicable law, the Court enters its final constructions for each term as shown 

below:

Case 6:20-cv-00194-ADA Document 100 Filed 03/12/21 Page 1 of 5
U.S. Patent Nos. 9,858,218 and 10,474,595 

Claim Term Plaintiff’s Proposed 

Construction 

Defendant’s 

Proposed 

Construction 

Court’s Final

Construction 

“mode” / “first 

mode” / “second 

mode”

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” 

Plain and ordinary 

meaning 

“one or more 

training 

sequences”

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. 

“Training sequences” 

means “operations in a 

particular order for 

preparing a memory 

system to perform its 

intended functions” 

“notification 

signal associated 

with the [one or 

more training 

“Notification signal” should 

receive its plain and ordinary 

meaning, which does not 

“an unscheduled 

signal provided 

without polling that 

See above for 

construction of “one

or more training 

Case 6:20-cv-00194-ADA Document 100 Filed 03/12/21 Page 2 of 5
sequences]” 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 

receive its plain and ordinary 

meaning. 

indicates the status 

of the [one or more 

training 

sequences]” 

The “one or more 

training sequences” 

language is 

addressed above. 

sequences.” The rest 

of the phrase has its 

plain and ordinary 

meaning, which does 

not encompass 

polling.

“information 

related to the [one 

or more training 

sequences]”

“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.

See above for 

construction of “one 

or more training 

sequences.” The rest 

of the phrase has its 

plain and ordinary 

meaning, which does 

not encompass 

polling.

“open-drain 

signals related to 

the [one or more 

training 

sequences]”

“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.

See above for 

construction of “one 

or more training 

sequences.” The rest 

of the phrase has its 

plain and ordinary 

meaning, which does 

not encompass 

polling.

Case 6:20-cv-00194-ADA Document 100 Filed 03/12/21 Page 3 of 5
U.S. Patent No. 10,217,523 

Claim Term Plaintiff’s Proposed 

Construction 

Defendant’s 

Proposed 

Construction 

Court’s Preliminary 

Construction 

“first mode” 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” 

Plain and ordinary 

meaning

“second mode” 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: 

“self-test mode” 

Plain and ordinary 

meaning 

“data handler” 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” 

“Circuitry for 

generating and 

processing data”

“data handler logic 

element[s]” 

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 

Plain and ordinary 

meaning, except see 

construction of “data 

handler” above

Case 6:20-cv-00194-ADA Document 100 Filed 03/12/21 Page 4 of 5
control the movement 

of” 

“data module” 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]” 

Plain and ordinary 

meaning 

SIGNED this 12th day of March, 2021.

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

Case 6:20-cv-00194-ADA Document 100 Filed 03/12/21 Page 5 of 5