[News] NPE Patent Trolls Reportedly Turn Up Pressure on Samsung and SK hynix Amid HBM Boom

As Samsung and SK hynix battle for dominance in memory—particularly in the red-hot HBM market—an unexpected challenger could be emerging. South Korean outlet EBN reports that amid the unprecedented boom in HBM demand, the country’s chipmakers are increasingly becoming prime targets for non-practicing entities (NPEs), often dubbed “patent trolls.”

As the report explains, NPEs generate profits by acquiring and enforcing patents without engaging in R&D or manufacturing. By purchasing broad or vaguely defined patents, they file lawsuits or pressure companies into settlements—often forcing targeted firms to drain significant time and resources on legal defenses.

Samsung Electronics has already felt the impact. According to EBN, the company previously faced a patent dispute with U.S.-based firm Netlist, which resulted in two jury verdicts totaling $421.15 million.

As previously reported by Korea JoongAng Daily, Netlist—a U.S. memory technology firm founded in 2000 by former LG Semicon engineer Hong Chun-ki—has emerged as one of Samsung’s most persistent legal challengers. The long-running dispute has now spilled into the fast-growing AI memory arena, with Samsung moving in May, 2025 to preempt a potential infringement claim tied to HBM, involving a DRAM die-stacking technology used in the high-bandwidth memory standard, the report noted.

According to Korea JoongAng Daily, in 2024 alone, Samsung was hit with 86 patent lawsuits in the United States, a sharp 70% jump from 51 cases the year before. The figure even far exceeds the litigation faced by other tech giants, with Apple recording 43 cases, Amazon 46, Google 39, and Meta just 11, the report added.

SK hynix Drawn Into NPE Lawsuit Over HBM and 3D NAND

SK hynix has not been spared either. As EBN reports, the company has also been sued by U.S.-based NPE Monolithic 3D over its HBM and 3D NAND products.

The Asia Business Daily reveals more details, noting that Monolithic 3D has accused SK hynix and Japan’s Kioxia of violating Section 337 of the U.S. Tariff Act through the sale of NAND flash and DRAM chips in the country that allegedly infringe its patents. According to industry sources cited by the report, Monolithic 3D filed the complaint with the ITC in late January, claiming SK hynix’s HBM2E, HBM3, HBM3E, and its entire lineup of 3D NAND products violate its 3D stacking technology patents, including U.S. Patent No. 531.

EBN, citing data from the Korean Intellectual Property Office and the Korea Intellectual Property Protection Agency, notes that about 80% of U.S. patent cases involving Korean companies in 2024 were filed by NPEs. Industry observers cited by the report say that growing litigation risks could put additional pressure on companies’ resources for R&D and investment, with potential implications for the broader competitiveness of South Korea’s semiconductor sector.

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(Photo credit: Samsung)