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NLST Stokd Just dropped is a big 🔥win🔥 for Netlist in the Micron 294 case in Gilstrap's MEMORANDUM OPINION AND ORDER—initially from March 4th, but was held till parties can make redactions—GRANTING Netlist's Motion for Summary Judgment of Micron’s Antitrust Counterclaim and Affirmative Defense of Patent Misuse.
Link to full 17page filing below-- https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.69.1.pdf
https://sih-st-charts.stocktwits-cdn.com/production/original_565372061.png
robcobb
8m
$NLST At the recent Pre-Trial ,(motion 360 )parts were granted and denied.Motion to strike Dr.Kennedys opinion on willfulness was granted as Judge Gilstrap did not think he had expertise in this field.Also Dr.Kennedys testimony regarding Samsung was also struck. Dr.Kennedys analysis regarding the Rambus license was denied! There have been many times Rambus has been mentioned at the proceedings I have been to.Everyone knows Dr.Kennedys numbers were a big factor in the ruling on the 463 Samsung case .A slide that was shown at the pre-trial hearing showed Dr.Kennedys proposed numbers for the Micron 294 case being 23.42 for Micron 1 and 46.70 for Micron 2 and a proposed royalty of 70.12!Please no questions regarding how this breaks down , I don’t know.This was something I observed on a slide presented at pre-trial.There were more rulings on (motion 360 )that will show up in the transcripts. I thought I would share the ones I am sure about!
294.... Mar 11, 2024 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Conference (Volume 2) Proceedings held on 03/07/2024 before Judge Rodney Gilstrap. Court Reporter/Transcriber: Shawn McRoberts,Telephone number: (903) 923-8546. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 4/1/2024. Release of Transcript Restriction set for 6/10/2024. (smm) (Entered: 03/11/2024)
https://www.courtlistener.com/docket/64861663/netlist-inc-v-micron-technology-texas-llc/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc
294..... Mar 11, 2024 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial Conference (Volume 1) Proceedings held on 03/06/2024 before Judge Rodney Gilstrap. Court Reporter/Transcriber: Shawn McRoberts,Telephone number: (903) 923-8546. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 4/1/2024. Release of Transcript Restriction set for 6/10/2024. (smm) (Entered: 03/11/2024)
https://www.courtlistener.com/docket/64861663/netlist-inc-v-micron-technology-texas-llc/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc
293......March 15, 2024 *File Joint Pretrial Order, Joint Proposed Jury
Instructions, Joint Proposed Verdict Form, Updated
Exhibit Lists, Updated Witness Lists, and Updated
Deposition Designations
https://storage.courtlistener.com/recap/gov.uscourts.txed.216364/gov.uscourts.txed.216364.685.0.pdf
NLST April 11, 2024 Google Germany!
On July 26, 2022, Netlist filed patent infringement claims against Google Cloud EMEA Limited, Google Germany GmbH, Redtec Computing GmbH, and Google, seeking damages based on those defendants’ infringement of European Patents EP 2,454,735 (“EP735”) and EP 3,404,660 (“EP660”), which both generally relate to load reduced dual in line memory modules (“LRDIMM”) technologies. As of the reporting date, Google has submitted its statements of defense. As of the reporting date, the date for oral hearings before the Dusseldorf Court is currently scheduled for April 11, 2024. https://sih-st-charts.stocktwits-cdn.com/production/original_565281289.jpg
my man, tell'm !!! lol !!! pos.......
NLST will be fine. Court cases take time. It is coming together quickly now. They won't win all the cases, but they will win enough of them to have NLST become a big player and have a share price far north of its present value.
Iggy this guy. He's simply here to cause dissension.
$NLST if he's half right we are good. are you saying NLST patents are worthless?????? dont hate the player. hate the game 
BECAUSE A JURY OF YOUR PEERS HAPPENS TO DISAGREE!!!!! lmao
https://finance.yahoo.com/news/netlist-secures-final-judgment-against-113000476.html
The Court's Final Judgment upheld the jury's verdict in the April 2023 trial and confirmed that Samsung willfully infringed Netlist's patented technologies. Chief Judge Gilstrap ordered Netlist receive $303,150,000 as a reasonable royalty for Samsung's infringement of Netlist's patents for a limited past damages period.
they don't have to win everything. but since they lost that one in particular the scope of the injunction going forward would be limited.
SilviaJ
8:50 AM
@Stokd Section 6.2 is clear and unambiguous: Samsung agreed to “supply NAND and DRAM products to Netlist on Netlist’s request at a competitive price.” That provision means what it says. The majority concedes, as it must, that “the plain
language of § 6.2 favors Netlist’s interpretation.”
Yet my colleagues bend over backwards to invent an ambiguity based on the agreement’s “apparent purpose as derived from its title, structure, and related provisions.” Their arguments are unpersuasive.
https://stocktwits.com/SilviaJ/message/565117187
Anybody see that Irwell and Manella are also representing Elon Musk in his suit against OpenAI? Since Netlist's HBM patent seemingly has a lot to do with AI, I thought it was interesting.
https://www.documentcloud.org/documents/24452996-musk-v-openai
Musk is fairly certain that the new LLM model that OpenAI has developed (called Q Star) has achieved Artificial General Intelligence (AGI). Things are indeed moving very quickly.
robcobb
13m
$NLST I want to make a comment about how I thought the Nlst lawyers performances were at Pre-trial.Of course Jason is always a Rockstar (in my opinion,)but I was really impressed with Strabone ,he is almost as good as Jason in his presentations. The other Nlst lawyers I thought did well,but you can see where the true talent lies in the Nlst pool of lawyers!As for the Micron lawyers Mr.Rueckheim was their best presenter,but fell way short of the talent of Sheasby and Strabone (in my opinion). I don’t know how everything will eventually play out,but I know Nlst is well represented! I can’t wait to witness the trial and report the results to the board.Also the dates that Judge Gilstrap gave for the trial in housekeeping comments that Stokd posted yesterday ,either April 22 or April 29,Judge Gilstrap told the lawyers to be prepared for either date,and he would make his decision in a few days.
SilviaJ
1:09 AM
$NLST According to experts, Microsoft, Amazon, Google, Meta, and Tesla have all been pouring billions into a niche market opportunity to meet the growing demand of generative AI. They are called hyperscale data centers.
Business Insider says that the world’s top companies are expected to invest $1 trillion over the next five years in AI, with most of it going to these new data centers.
Amazon recently announced plans to invest $35 billion in new data centers in Virginia by 2040. Google just announced plans to build a new $1.2 billion data center in Nebraska. Meta just announced plans to break ground on a new $1 billion data center in Arizona.
Microsoft is working to bring a sixth data center to a city in Iowa....and it has plans to build 50 to 100 new data centers a year for the foreseeable future.
Even Tesla recently announced that it will build a new “1st of its kind” data center to grab its share of the boom.
https://stocktwits.com/SilviaJ/message/565107432
Stokd
12:04 AM
$NLST For reference, pictured below is Sec 6.2 of the JDLA that is in question. It's fairly simple and intended as written.
https://sih-st-charts.stocktwits-cdn.com/production/original_565105792.png
Stokd
Yesterday 11:49 PM
$NLST I think for context and reasoning, so we can better understand how we got here with Judge Scarsi's ruling, it’s best to read the parties’ Proposed Final Pre-Trial Conference Order from 3 days ago, which compelled Scarsi's response today through his order/directive. At the time I posted a docket picture of many proposed filings, and that we would await the final/decided version, but considering Scarsi's intervention it feels appropriate and interesting.
Keep in mind that Scarsi already ruled against Samsung on these exact issues, and is well aware of how and where he wants to guide this case/trial in order to achieve a just outcome, not hard to figure what/who he's looking out for—his initial ruling/record and who he believed proved their case—while following the appeals court remand instructions... he has some maneuvering to do as indicated today, as well as the parties. I believe we are in good hands with our legal team, the judge, and the jury.
Link-- https://storage.courtlistener.com/recap/gov.uscourts.cacd.783923/gov.uscourts.cacd.783923.449.1.pdf
https://sih-st-charts.stocktwits-cdn.com/production/original_565105347.png
robcobb
Yesterday 6:41 PM
$NLST I just went through the minutes of the pre-trial and I had all the rulings right in my notes that I relayed to Bolliver to report to the board !Things the minutes don’t show is Dr. Lynde many paragraphs of his testimony were stricken and Dr.Stone a lot of his testimony was stricken.A lot of good rulings went Nlst way,and will show up in the transcripts when they drop.Everyone will be able to see what I witnessed when they drop,not to say that Micron didn’t have rulings go there way also!In my opinion it was a good day for Nlst!Now we need to see the motions in limine minutes and transcripts to see how we did there.Sorry I didn’t attend the motions in limine hearing,the weather was bad yesterday and I was tired!This is the only public hearing that I have not attended since everything started in Marshall Tx.
i wish i could answer that for you. i am not versed on the eu patents office steps of procedure. sure, i'm reading a lot of opinions and interpretations. but yes, as the gentleman who initially asked. it would be nice if the companies legal department just filled in the blanks for us. its not asking for much to know where we stand and what options we have, if any to move forward.
4 Statement of Changes in Beneficial Ownership Mar 08, 2024
https://investors.netlist.com/websites/netlist/English/3200/us-sec-filings.html
sooner or later we'll get that pr !
Stokd
11m
$NLST Just filed are the minutes from the Micron pretrial conference... they're dated March 7th but dropped today, I did not see them earlier and got an alert and saw a time stamp, yet no new docs except these. Pic below shows they were entered today.
March 6th--- https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.65.0.pdf
March 7th--- https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.66.0.pdf
https://sih-st-charts.stocktwits-cdn.com/fit-in/500x0/filters:quality(75)/production/original_565079692.png
NLST Just filed are the minutes from the Micron pretrial conference, though they're dated March 7th, they both dropped today.
March 6th--- https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.65.0.pdf
And March 7th--- https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.66.0.pdf
NLST One more in the same 293 case — SIXTH AMENDED DOCKET CONTROL ORDER — the changes are highlighted blue in screenshot below.
https://sih-st-charts.stocktwits-cdn.com/production/original_565075892.png
Stokd 1m $NLST We have some Gilstrap sua-sponte action in the Samsung 293 case — "The Court issues this Order sua sponte. Before the Court are Netlist, Inc’s Notice of Withdrawal (Dkt. No. 670) and the parties’ Joint Notice of Pending Motions between Netlist and Samsung (Dkt. No. 682) (collectively, the “Notices”). In the Notices, the parties represent that Dkt. Nos. 347, 348, 349, 351, 352, 357, 363, 365, and 375 (the “Motions”) are withdrawn. (See Dkt. Nos. 670 and 682.) Accordingly, the Court ACCEPTS AND ACKNOWLEDGES that the Motions (Dkt. Nos. 347, 348, 349, 351, 352, 357, 363, 365, and 375) are WITHDRAWN."
I added a screenshot of the docket entry below the order, where it provides descriptions of the motions.
https://sih-st-charts.stocktwits-cdn.com/production/original_565075223.png
Stokd
3:05 PM
$NLST It's become very convoluted.
"The law of the case likely requires a finding for Netlist on the issue of breach if the jury adopts Netlist’s interpretation of JDLA § 6.2. (See MSJ Order 9–10, ECF No. 186 (“Samsung does not dispute that it declined to fulfill all of Netlist’s orders for NAND and DRAM products.”).) But the Court is aware of no agreement between the parties that the breach issue must be resolved in Samsung’s favor if the jury refuses Netlist’s proffered interpretation. As Samsung’s first proposed verdict question is framed, Samsung submits that it must win the case if the jury answers the question in the negative. But answering the question in the negative does not mean that the jury accepted Samsung’s proffered interpretation."
https://sih-st-charts.stocktwits-cdn.com/production/original_565055933.png
NLST An order by Judge Scarsi in the BOC case.
"The parties submitted a full complement of required trial filings before the pretrial conference set for March 18, 2024. Having reviewed the parties' submissions, the Court finds that disputes memorialized in the parties' filings demand further discussion between counsel about the issues to be tried. The parties disagree about the fundamental questions to be presented to and resolved by the jury."
"For these reasons, the Court disapproves both parties’ frameworks. Based on the trial filings and the rest of the case record, the Court perceives three issues to be resolved by the jury:
(1) What is the appropriate interpretation of JDLA § 6.2?
(2) Based on that interpretation, did Samsung breach JDLA § 6.2?
(3) If Samsung breached, was the breach material?"
Link to full doc https://storage.courtlistener.com/recap/gov.uscourts.cacd.783923/gov.uscourts.cacd.783923.453.0.pdf
https://sih-st-charts.stocktwits-cdn.com/production/original_565054379.png
STOKD 5 minutes ago -
https://stocktwits.com/Stokd/message/565054379
Stokd 5m
$NLST An order by Judge Scarsi in the BOC case.
"The parties submitted a full complement of required trial filings before the pretrial conference set for March 18, 2024. Having reviewed the parties' submissions, the Court finds that disputes memorialized in the parties' filings demand further discussion between counsel about the issues to be tried. The parties disagree about the fundamental questions to be presented to and resolved by the jury."
"For these reasons, the Court disapproves both parties’ frameworks. Based on the trial filings and the rest of the case record, the Court perceives three issues to be resolved by the jury:
TOMKiLA
9:51 AM
$NLST probably 70$ is the number for each LRDIMM product. Do not forget the 55$ per unit in the Samsung case, back to 2023!
I don’t believe they will use 70$ oer unit cause we are talking about 2/3 LRDIMM and rdimm patents.
Avg price for Rdimm is 100$
Avg price for LRDIMM is 400$ or more
It’s possible to read about millions of LRDIMM units and tens of millions rdimm units with 912 tech.
If you remember, in the Samsung case for a single LRDIMM patent, the numbers were close 600k per 17months.
Micron is responsible for all ddr4 units probably form 2016/7 to today!
that would be a good question for ir to answer just for starters, but yes a pr would be nice.
i was expecting court docs for wednesday and thursday updated last night. maybe we get them today?
Richie2021
Yesterday 7:33 PM
$NLST Based on the our german investors who attended the oral hearing(we all appreciate for your time and effort), it’s very likely we will be getting partial invalidation which limits the scope of the patent. Keep in mind that full confirmation of patent is a rare event in German court and that wasn’t to be expected. So what matters now is whether Samsung has been infringing on the surviving claims. The patent infringement case has been stayed to reflect the final decision from the oral hearing on patent invalidity. We hope to hear soon for the details, but both Netlist and Samsung attorneys should have better idea and start planning for next step.
Here’s an interesting article to understand the value of partially invalidated patents in German patent system.
https://www.iam-media.com/article/the-value-of-partially-invalidated-patents
https://sih-st-charts.stocktwits-cdn.com/fit-in/500x0/filters:quality(75)/https%3A%2F%2Ffiles.lbr.cloud%2Fpublic%2Fmedia%2Fimages%2Fpartially-i-patents-fig-01-new.jpg%3FVersionId%3DSR0h9m4c78nJkofT4_eIqb1mglUCk56r
bluesuit55
Yesterday 8:36 PM
@Richie2021 Yes thank you very informative! Hopefully we decide to pay maintenance fees on some of the claims.
https://sih-st-charts.stocktwits-cdn.com/production/original_564909881.png
Stokd 4m $NLST Transcript requests "for proceedings held on 3/6/2024-3/7/2024 Pre-Trial Conference Hearing" in Micron 294 case were filed — about an hour ago for Micron and 30 min ago for Netlist. Meaning it has concluded and we're awaiting the outcome/rulings as well as minutes from both days — makes sense Gilstrap would officially file them all at once after conclusion of both days... may take a while to draft, as there were plenty.
https://sih-st-charts.stocktwits-cdn.com/production/original_564896404.png
Stokd
2m
$NLST So I guess what remains unclear of the ruling from the German oral hearing today, is whether the patent was declared void in entirety or partially.
From the guide on German's patent system I posted earlier — "The court’s judgment has an operative part wherein the patent-in-suit is either declared null and void in its entirety or partially or wherein the revocation action is dismissed." — hence further info/specifics from Netlist is needed in order to fully understand what occurred and where we stand, as well as the next steps.
https://sih-st-charts.stocktwits-cdn.com/production/original_564868072.png
ItsYourDad
2m
$NLST A quick, and relatively easy, search on German patent proceedings offers a bit of color that our German court observers did not fully provide. In Germany, there are two separate proceedings for a patent- Infringement and Invalidity. Typically, once infringement is filed, invalidation is a first stop for an infringement defendant. There is a high rate of invalidation in German Patent Invalidity courts, however, an invalid claim does not necessarily mean full patent invalidity. There are three (3) outcomes possible in Invalidity Court proceedings: 1. The Patent is Upheld as Granted (all claims and full patent validated). 2. Patent is Fully Revoked (patent invalid in entirety). 3. Patent is Upheld with Amendments (partial invalidation or partial validation). It seems as though we fall under the last, however, without official word from the courts, we don't know whether we fall under 2 or 3 in the above scenarios.
Stokd
12m
$NLST Here is an informative guide to the German patent system if anyone is interested, where I found the few paragraphs/sections pictured below on appealing decision of nullity proceedings.
https://sih-st-charts.stocktwits-cdn.com/production/original_564859936.png
https://www.wipo.int/edocs/pubdocs/en/wipo-pub-1079-chapter5-en-germany-an-international-guide-to-patent-case-management-for-judges.pdf
Stokd
3m
$NLST I'll continue posting—as they come up and I can find—instances of where the CAFC reverses the PTABs findings/FWDs of unpatentability. And with the news from Germany, I would think there is an appeal process that Netlist would start if/when a patent is found invalid... a patent owner has recourse to challenge the ruling, whether in the US or Germany. Wonder which court/judges handle German appeals.
"The Federal Circuit revived a CoolIT Systems Inc. patent covering a system for cooling computer processors more than two years after its inventions were deemed obvious by an administrative tribunal." https://news.bloomberglaw.com/ip-law/fed-cir-washes-out-tribunal-ruling-that-axed-patent
robcobb
23m
$NLST I personally wasn’t expecting anything good from Germany. What I really hate is the manipulators get to use it as a negative.I don’t know how many here have been here long enough to remember we have tried Germany before years ago and got the same results. I am now invested in Nlst based on what I have witnessed in Judge Gilstraps and Judge Paynes courts.We are winning in these courts and I don’t think that these judges can be influenced by any outside entities. I hate that it looks like Marshall Tx is the only place Nlst can get justice,with the exception of maybe Judge Scarsi court! I will remain long Nlst till the end and will be there to witness justice for Nlst in Judge Gilstraps court!
Bitrox
22m
$NLST just to clarify todays situation for you guys.
Todays patent EP2454735 had 14 claims of which over 50% were denied. In Germany only one claim (so called "Hilfsansprüche") has to be denied to make a patent invalid.
The senat (consisting of 5 judges) was highly proficient with the technology and was able to follow netlists, microns, googles and samsungs attorneys effortlessly. So comparing the German Federal Patent Court to the PTAB just because some people don't like todays outcome is hillarious.
I am definitely not happy about todays outcome but I agree with others that the most important things are happening in the US and not here in Germany.
I will keep you guys informed if I find more stuff worth sharing from Germany.
whole thread......... https://stocktwits.com/Bitrox/message/564783467
Beatsurfer
18m
$NLST Long story short: the court came to the following decision with regard to the European patent EP 2454735 after its deliberations: the patent was declared invalid for the scope of Germany. The court's reasons will be given in writing at a later, unspecified date. sorry guys that I don't have better news. We have to process this first. Best regards from Munich, Germany still
robcobb
6:48 AM
$NLST I think Judge Gilstrap after observing the Samsung and the Micron Pre-Trials ,maneuvers his way through the sea of motions and many sub parts and makes rulings for both sides in a way where the jury can make most of the decisions after hearing the evidence from both sides and experts !He only strikes motions or parts of motions when the lawyers are asking for too much!Yesterday the motions before lunch were easy to capture.The motions after lunch were very complicated and had many sub parts that Judge Gilstrap when he ruled on them went very fast and was almost impossible to capture all. I will say that (IMO)Nlst came out on top of most of the many sub parts of each motion.Everyone will have to wait for the transcripts come out to determine if I was right! I don’t want to post any ruling that Judge Gilstrap made and be wrong because I couldn’t keep up.prime/ is a great note taker and he was having trouble. I think Prime will probably post some of what he is sure about today!
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IN HONG WE TRUST....
Created by Sub-Teacher:
Samsung's Expert WItness Quote: 
https://netlist.com/
brings over two decades of high-tech management experience to Netlist. He most recently served as President of Infinilink, a DSL equipment manufacturer, and as executive vice president of Viking Components, Inc. Prior to that, he spent 15 years with LG where he held various senior management positions in the U.S and Korea. Mr. Hong holds an MS in technology management from Pepperdine University and a BS in economics from Virginia Commonwealth University.
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