Reporters take images of SK hynix’s reminiscence chip video on the firm’s sales space at CES 2026 in Las Vegas, Friday (native time). Yonhap
Patent claims filed by Non-Working towards Entities (NPEs) in america are rising as a danger for Korean chipmakers, as Washington is more and more leaning in favor of patent holders, forcing corporations to incur higher authorized prices by defending themselves in opposition to so-called “patent trolls.”
The U.S. Patent Trial and Attraction Board (PTAB) on Friday (native time) rejected two petitions filed by SK hynix in August 2025 in search of to invalidate patents held by Superior Reminiscence Applied sciences, an NPE which has been staging patent battles in opposition to a collection of Korean IT corporations.
PTAB has put SK hynix’s two petitions, referred to as inter partes evaluations (IPRs), into “Not Instituted” standing, which means the challenges had been rejected with out a evaluate course of. The board had rejected three different SK hynix IPRs in December.
Superior Reminiscence Applied sciences filed a patent infringement go well with with the U.S. District Court docket for the Jap District of Texas in December 2024, claiming that SK hynix had infringed on 5 of its patents for dynamic random entry reminiscence and flash reminiscence applied sciences.
SK Hynix’s inter partes evaluate standing on america Patent Trial and Attraction Board (PTAB) web site / Captured from PTAB internet portal
IPR was launched in 2012 as a instrument to stop NPEs from abusing the patent system by demanding giant settlements or licensing charges for obscure patents with out producing merchandise themselves. It’s designed to offer a sooner and cheaper solution to decide whether or not a patent is definitely legitimate, permitting patents typically utilized by patent trolls to be invalidated for being not novel or too apparent.
SK hynix is presently dealing with separate patent infringement fits filed by NPEs Monolithic 3D and Community System Applied sciences in November and October, respectively. SK hynix has but to file IPRs in opposition to patents used for these fits.
Samsung Electronics is embroiled in a authorized dispute with Netlist, an NPE based by Hong Chun-ki, a former government of LG Semiconductor. On Oct. 27, Samsung Electronics filed an IPR petition difficult Netlist’s patent associated to reminiscence modules.
The patent is one among six that Netlist utilized in its U.S. Worldwide Commerce Fee (USITC) submitting in opposition to Samsung, Google and Tremendous Micro. The USITC instituted an investigation into the allegation on Dec. 30.
The identical patent was additionally used in opposition to Micron, which in 2021 tried to invalidate the patent by means of an IPR however ended up dealing with a Texas court docket choice ordering a $445 million settlement.
Netlist beforehand received jury verdicts in opposition to Samsung in April 2023 and November 2024, totaling $421.15 million, with the court docket discovering that Samsung had materially breached its licensing agreements. Netlist additionally reached a $40 million settlement with SK hynix in 2021.
“The issue of those lawsuits is that they’re specializing in authorized issues, not sensible applied sciences,” an trade official stated.
“NPEs don’t manufacture merchandise or use the patented applied sciences by themselves, however as a substitute file lawsuits in opposition to giant corporations primarily based on obscure patents registered up to now. Focused corporations typically grow to be mired in extended authorized battles, incurring heavy protection prices and regularly choosing settlements. Critics say this dynamic drives up authorized bills whereas doing little to advertise significant technological progress.”
A Samsung flag waves at Samsung Electronics’ workplace in Seocho District, Seoul, Jan. 8. Yonhap
Trade officers stated the rise in these lawsuits displays a U.S. authorized and coverage atmosphere that’s turning into more and more favorable to patent holders.
The IPR denial charge has surged since U.S. Patent and Trademark Workplace Director John Squires took workplace in late September. In accordance with widespread patent regulation weblog Patently-O, 105 IPR petitions had been processed from October to early December 2025, however solely 4 had been granted, marking a pointy drop from the 60 to 70 % grant charge seen between 2022 and 2024.
On Oct. 17 final 12 months, the patent workplace issued a discover of proposed rulemaking on IPRs, aimed toward curbing repeated challenges in opposition to the identical patents by a number of petitioners and limiting evaluations of patents which have already been examined.
If the brand new guidelines are adopted, corporations will see a slimmer likelihood of defending their companies in opposition to NPEs and will probably be pressured to spend extra on authorized prices reasonably than investing in applied sciences and job creation.
Trade officers stated the surge in NPE assaults ought to be handled as a matter of survival for Korea’s semiconductor trade, calling on the federal government and the non-public sector to collectively increase their considerations with the U.S.
“As Korean chipmakers broaden their international market share and revenues, they’re turning into more and more seen targets for NPEs, strengthening the inducement for litigation,” the trade official stated. “Fairly than merely falling sufferer to those so-called patent trolls, Korea ought to interact with the U.S. authorities to hunt sensible countermeasures.”
