DRAM memory enters SEP licensing era as HBM patent filings surge

The transition of memory from a commodity to a performance-critical AI layer is triggering a massive shift in intellectual property strategy. As memory architectures like HBM4 become increasingly specialized and less interchangeable with traditional DDR standards, the industry is moving toward a mature SEP licensing model. This will likely lead to higher licensing costs for data center operators and a surge in litigation as non-practicing entities and established chipmakers move to monetize their portfolios. Watch for the outcome of ongoing Netlist v. Samsung litigation and the adoption rate of Via Licensing Alliance’s new patent pools as bellwethers for AI infrastructure costs.

The shift toward standardized memory licensing coincides with an intense period of litigation and market concentration. Per Korea JoongAng Daily and EBN (March 2026), Samsung faced 86 patent lawsuits in the U.S. in 2024 alone, a 70% year-over-year increase, largely driven by non-practicing entities (NPEs) targeting HBM and 3D stacking technologies. This includes a long-standing dispute with Netlist, which secured jury verdicts totaling over $420 million against Samsung in Texas before secondary challenges at the Patent Trial and Appeal Board. In June 2026, Netlist filed a fresh complaint with the U.S. International Trade Commission (ITC) seeking import bans on HBM and DDR5 products used by Google, Nvidia, and Broadcom.

While legal battles intensify, the underlying market remains an oligopoly under extreme supply pressure. Per Counterpoint Research (June 2026), Samsung, SK Hynix, and Micron collectively control over 90% of the global DRAM market. In the specialized HBM segment—the primary bottleneck for AI accelerators—SK Hynix maintains a dominant 58% revenue share as of Q1 2026. This dominance is driving new licensing structures; according to ip fray (January 2026), Via Licensing Alliance's first semiconductor pool has already begun formal formation meetings with support from major patentees. The goal is to provide a 'one-stop shop' for memory licenses, potentially reducing the friction seen in fragmented markets like cellular 5G.

Technological standards are also evolving to bypass manufacturing bottlenecks. JEDEC recently published the SPHBM4 standard in July 2026, designed to allow HBM4-class bandwidth on cheaper organic substrates. This attempt to standardize complex packaging reflects the industry’s broader push to decouple advanced memory from scarce 2.5D packaging capacity. As per TechInsights (March 2026), HBM demand is projected to grow 70% year-over-year in 2026, forcing a structural refocus on how specific IP is shared across the global AI supply chain.