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Stokd
Yesterday 9:55 PM
$NLST I believe Bolliver is correct that JDLA does not cover 060/160 HBM & 054/918 DDR5—unsure on 506/339 being DDR4/older tech.
To understand what Netlist's JDLA license to Samsung covers, see Sec8.2 License To Samsung(top pic)where it states—"license under Netlist's Licensed Patents"—leading to JDLA Definition of 'Netlist's Licensed Patents'(mid pic).
"Netlist's Licensed Patents" means any and all patents owned or controlled by Netlist or any of its Subsidiaries and having an effective first filing date on or prior to the end of Capture Period."—leading to JDLA Definition of 'Capture Period'(btm pic).
"Capture Period" means a period of five (5) years beginning on the Effective Date, subject to Sections 10.1.4 and 10.2.4."—sections are regarding 'Change Of Control' which neither party experienced—inapplicable.
No patents were developed/invented in collaboration during the JDP, and parties retain their Background IPR, so if Samsung loses the license, they lose any/all Netlist IP.
https://sih-st-charts.stocktwits-cdn.com/production/original_563358338.png
BolliverShagnasty
Yesterday 5:42 PM
$NLST based on the email between Samsung and Netlist I posted earlier today, shows that none of the products that were associated with the $303 million dollar jury verdict were covered under the jdla anyway. Someone correct me if I'm wrong but certainly the hbm was not and I don't think the power management would be either. Those were the two biggest ones as far as award goes.
It was only existing patents.
thx, no problem on the board as long as i'm around. just got back from doin a bunch of this............
GPF for president !!! nlst baby !!! get some !!!
100lbStriper, thanks you for keeping this board updated.
Saves a lot of time from going back and forth between stock twits and this.
All the best to you and yours.
Gilstrap, Payne, and Folsom want this thing done already IMO.
ENOUGH ALREADY.
Stokd
1:34 PM
$NLST Another voluntary withdrawal of motions by Netlist yesterday in the same #293 case—NETLIST, INC.’S NOTICE OF WITHDRAWAL OF DKTS. 347, 349, 352, 357, AND 365—which I think is a good thing in order to streamline the case and issues, noting at the end—"Netlist will continue to work with defendants to narrow the outstanding motions to be heard at the March 6, 2024 pre-trial conference."
"Plaintiff Netlist, Inc. (“Netlist”) hereby respectfully files this notice of withdrawal of the following motions set to be heard at the March 6, 2024 pre-trial conference:"
-Dkt. 347: Motion for Summary Judgment of No Inequitable Conduct or Unclean Hands;
-Dkt. 349: Motion for Summary Judgment on Defense of Prosecution History Estoppel;
-Dkt. 352: Motion for Summary Judgment on Prosecution Laches Defense;
-Dkt. 357: Motion for Summary Judgment on Defense of Equitable Estoppel;
-Dkt. 365: Motion for Summary Judgment on Affirmative Defense of Claim Preclusion.
https://sih-st-charts.stocktwits-cdn.com/production/original_563276089.png
Stokd
1:25 PM
$NLST Part-3
I rest on the fact that there are 2 experienced and capable patent friendly ED-TX judges working this case and doing their best to make sure it is appeal proof, they don’t want it coming back… if anything judges want them to settle. If retired ED-TX judge Spec Mstr Folsom wants to let Samsung have even some/part of SK negotiation info, and Gilsrap adopts it, there must be a reason, whether it be for appeal, jury, fairness, post trial motions… and I trust Gilstrap and his process. Regardless what Samsung can use and how these pre-trial motions shake out, it is all about the trial, and I have confidence in Sheasby to convey what is needed to win, just like the Samsung #463 case/trial, where the results of numerous summary judgment motions were also split. Trust our legal team and let it play out is my mantra.
Stokd
1:22 PM
$NLST Part-2
If you read the order—posted to the board yesterday & linked below—139—regarding SK negotiations—was recommended denied-in-part / granted-in-part by Spec Mstr, so we don’t know specifics to what part since R&R’s are still sealed.
Netlist wrote in their objection — “Judge Payne has considered and squarely rejected the same arguments advanced in a related matter, Micron I, No. 22-cv-203, including Samsung’s new argument that it would need the “negotiation documents” for its damages’ expert apportionment analysis.” — &— “Special Master ordered production of negotiation materials specifically about “valuation or apportionment of value by Netlist or SK hynix to the patents asserted against Samsung in this case.” However, none of the patents asserted here (the 912,417,608 patents) were at issue in Netlist’s previous litigations or other disputes with SK hynix.” — would seem inapplicable to that extent, and who knows what/if any impact… we’ll have to see.
https://sih-st-charts.stocktwits-cdn.com/production/original_563273451.png
https://storage.courtlistener.com/recap/gov.uscourts.txed.216364/gov.uscourts.txed.216364.666.0.pdf
Stokd
1:19 PM
$NLST Was traveling yesterday, just catching up. Saw it was posted, I'll explain in few posts.
Part-1
Gilstrap adopts Spc Mstr Recs, including on 4 motions Netlist objected—"Netlist filed objections to both the First and Second Report and Recommendations. Specifically, Netlist objected to the Special Master’s Recommendations concerning Dkts 193,225,224,139. The Court held a hearing on Feb 26, wherein Netlist was given an opportunity to be heard on each of its objections."
"After conducting a de novo review of the briefing on the Discovery Motions, the 1st and 2nd R&R by the Spec Mstr, having reviewed Netlist’s Objections, and considering the arguments presented, the Court finds that Netlist has failed to show that the Spec Mstr's R&R's were erroneous. Further, the Court agrees with the reasoning and analysis provided by the Spec Mstr in the First and Second R&R. Accordingly, the Court overrules Netlist’s Objections and adopts the Report and Recommendation in their entirety."
https://sih-st-charts.stocktwits-cdn.com/production/original_563272893.png
NLST Exhibit 93 from BOC case. Samsung will not be able to argue this away. No smoke and mirrors this is what happened between Netlist and Scammy in JDLA negotiations. The Jury get's to see all of this. If we also get Judge Gilstrap to allow any Discovery from TX to go to CA it's just icing on the cake
whole thread. https://stocktwits.com/BolliverShagnasty/message/563262737
https://www.reddit.com/r/NLST/comments/1b1ho1c/exhibit_93_from_boc_case_samsung_will_not_be_able/?utm_source=share&utm_medium=web2x&context=3
microby
10:45 AM
NEW PATENT awarded
- Hybrid Memory System With Configurable Error Thresholds And Failure Analysis Capability -
US11,914,481 B2
2024-02-27
a further development of the '120
What the gentlemen are up to is most likely directly related to the upcoming memory hybrid-x
so no paper that is relevant in the current cases
from patent paper ´481
"TECHNICAL FIELD
The present disclosure relates generally to memory systems, and more particularly, to enhanced performance of memory systems such as hybrid memory systems having both volatile and non-volatile memory."
so when an HPC box is created, different types of memory will work together. The systems are harmonised so that it runs smoothly and without problems, and I see that as an advantage. Not just one single memory that can be used at will, a system is created. I think Netlist is building a small supercomputer.
https://sih-st-charts.stocktwits-cdn.com/production/original_563236639.png
whole thread.... https://stocktwits.com/microby/message/563236639
BolliverShagnasty
37m
$NLST Good morning Netlist longs. Mark this post. You will see that this is one other instance where Jason played Rope A Dope with Samsung and micron. He has consistently done it every time. There is no question that every one of these hearings and everything he says is strategically set up to guide the case to the outcome he desires. That is why Samsung has already lost one $300 million dollar jury award with interest collecting everyday. What happened yesterday is the beginning of the end of Samsung's license that they thought they had. We know where this is going. Samsung will have a license for the NVDIMM project and only the NVDIMM project. That's my opinion that's my read
whole thread......... https://stocktwits.com/BolliverShagnasty/message/563198860
robcobb
6:38 AM
$NLST I know at times it seems like Judge Gilstrap is against Nlst with some of his rulings. I have witnessed him many times and my feeling he is a very honest man.If everyone could sit in the courtroom and witness him at work you would think he is very fair to both sides!With saying that I still contend that he will eventually get justice for Nlst if the law will allow it,because he knows all the dirty things that have been done to Nlst! Yesterday Judge Gilstrap said he would rule on the Nlst objections soon at the end of the hearing. I didn’t think it would happen the same day.He also said he would rule on the motion for discovery in the previous trial to go to Scarsi court within a few days.So I expect that ruling any day now.Also Jason presented in detail to Judge Gilstrap that Samsung had taken two different positions in the courts on there defense.Judge Gilstrap was very attentive.Cordell tried to explain by putting up smoke and mirrors ! (IMO)
Tech News: SK Hynix Set to Mass Produce World's First HBM3E Memory in March
https://www.linkedin.com/pulse/tech-news-sk-hynix-set-mass-produce-worlds-first-hbm3e-memory-rerke?utm_source=share&utm_medium=member_android&utm_campaign=share_via
NLST the order for the reports and recommendations- 4 pages
https://sih-st-charts.stocktwits-cdn.com/production/original_563147844.jpg
https://sih-st-charts.stocktwits-cdn.com/production/original_563147873.jpg
https://sih-st-charts.stocktwits-cdn.com/production/original_563147911.jpg
https://sih-st-charts.stocktwits-cdn.com/production/original_563147950.jpg
robcobb
2m
$NLST Well I thought we would get some answers today,(wrong.)I would not have driven for 4hours today if I knew what I would hear ,because there weren’t any decisions made.There are some possibilities coming soon if you read Bollivers post that could be good for Nlst if ruled in their favor.But it will be a few days before we know the rulings according to Judge Gilstrap. My focus now will be on the Mar.6 Pre-Trial Conference for the 293 case. I have been talking to Prime (Larry)and I think he will be there to help me cover this hearing .As I have said in the past between the two of us we can give a good account of what happens!Only 9 more days till it commences!
$NLST Judge Gilstrap made no ruling today but in the next few days he will make ruling on whether discovery from Texas court can go into Judge Scarsi BOC case. This would be big because the Jury in California would hear that the Jury in TX awarded 303 million dollars. This is probably the biggest point that I heard. He has not allowed discovery in the past from other courts so if he does that's a bonus. If he doesn't then it is really no change.
Another thought would be if he does allow then Judge Scarsi could also allow discovery from BOC into TX. That would be a win win.
Samsung argued supply and licensed were limited to NVDimm and Jason argued they were not limited. ( Of course as you remember Jason also argued SEP then switched to Non-Sep. So I could see where Jason says OK Judge let them have it their way It's limited!) Jason said to the Judge Samsung is trying to have it both ways in 2 different courts and Judge Gilstrap was very attentive on this point! That's also Big IMO!
Rob said Judge Gilstrap showed no emotion either way.
Judge Gilstrap called lead lawyers into his chambers before it started is another point. Nobody knows what happened there.
$NLST new notice just dropped. Netlist, Inc. v. Samsung Electronics Co, LTD (2:22-cv-00293)
District Court, E.D. Texas
https://www.courtlistener.com/docket/64861664/netlist-inc-v-samsung-electronics-co-ltd/?order_by=desc
BolliverShagnasty
8m
$NLST Rob said he just saw Cordel so it is on! No holds barred Battle Royale
BolliverShagnasty
14m
$NLST On the phone with Rob now and Judge Payne has entered the Parking lot. However I believe Judge Gilstrap is on Deck today.
TOMKiLA
22m
$NLST The entire semiconductor segment and all the companies involved in the AI business are showing excellent data and above all are worth a lot on the stock market. Only netlist seems to be anchored at very low levels and the reason is closely linked to the ridiculous situations of long and uncertain patent battles.
Having said that, it's obvious that netlist has the evidence and cash to beat these giants, sheasby has to hurry, netlist has been paying the legal team and court costs for 3 years and they need victories far superior to the samsung case and without doubts.
I want concrete facts, I want deals, I am with real deals, this company could become a billionaire in terms of revenues in a short time and above all it could reach tens of billions of dollars in market cap.
to all those who have doubts about it, do not really know how much these patents are worth and do not know how to listen or read the most relevant documents and information.
LONG as always
$NLST Usually you do win „everything“ if you have a lot of litigations. The good thing is: we do not need to win „everything“. Only a fraction is enough to make very nice gains from today‘s stock price level. And I am highly confident. At very least, we will win the West Texas case with 2 patents already confirm even by PTAB against Micron and at Delaware (patent 523!) against Google (millions of server!). Very most likely we will also win at least two patents of EDTX, case 293/294: those successor patents 417 and 215 from parent patent 314 for which PTAB issues confirmed its validity). We also have high chances to win 912 (after having already won several challenges at PtAB level). And even on DRAM and HBM patents we have still reasonable chances. BOC trial in 4 weeks! plus: high chances in Europe where there is no such big tech biased institution such as the PTAB.
Stokd
7:08 PM
$NLST Interesting, another head scratcher... why would Netlist withdraw their objections—#293 case NETLIST'S UNOPPOSED MOTION TO WITHDRAW OBJECTIONS TO SPECIAL MASTER’S REPORTS AND RECOMMENDATIONS ON SAMSUNG’S MOTION TO COMPEL THE DEPOSITION OF DR. HYUN LEE AND NETLIST’S MOTION TO CORRECT MATERIAL ERROR IN HEARING TRANSCRIPT—I'll continue to lean on the "we don't know what we don't know" mantra... not being privy to our legal team's strategy, while believing there is a good reason behind every action/inaction. And guess we'll learn more on Monday.
Link to filing --
https://storage.courtlistener.com/recap/gov.uscourts.txed.216364/gov.uscourts.txed.216364.661.0.pdf
https://sih-st-charts.stocktwits-cdn.com/production/original_562996521.png
Netlist, Inc. v. Samsung Electronics Co, LTD (2:22-cv-00293)
District Court, E.D. Texas
https://storage.courtlistener.com/recap/gov.uscourts.txed.216364/gov.uscourts.txed.216364.661.0.pdf
robcobb
7:17 AM
$NLST Its going to be interesting tomorrow when we find out why Micron was excused from the Feb.26 hearing since some of the disputes from Judge Folsoms first R&R were directed at them. I will admit I am a little confused as to what is going on with this hearing.With me being in the court room tomorrow I think a lot of questions will be answered. I can’t wait!
https://sih-st-charts.stocktwits-cdn.com/production/original_562965240.png
there was another one but i cant find it, samscum are criminals......
https://sih-st-charts.stocktwits-cdn.com/production/original_562917104.png
no there gonna get hammered a little later. they did indeed have a prior court date. but they didnt file it till the last minute till after strap had already set the stage. they knew when strap set the court dates they had an out. so they didnt file it till the last moment or they would already owe us a ton of money. so strap got pissed and is setting them up to be heard on all patents infringed upon at one trial if i understand it correctly. no defense, already willfully guilty on more than half of the charges, the rest as well, cafc will punish them or say straps decision stands and its over. if micrap takes this without a settlement it will be a big fall for them....not too mention one of the stupidest buisness decisions i ever heard of. the biggest thing going is the eu court ruling. i dont follow the eu thing too much or understand there protocol as much. but if they lose just one patent and an injunction is placed there will be a settlement. we need a positive eu with immediate injunction. that alone will cost them the loss of billions of dollars a month and even they cant afford the cost of doing business on those grounds. no more pay a million in lawyer fees to still be making a billion and legally stealing it like in the us.
Hold on… micron has bitched about quite a bit… and now they are excused???
But not Samsung?
more googly litigation....
https://sih-st-charts.stocktwits-cdn.com/production/original_562884326.jpg
BolliverShagnasty
7m
$NLST LOL I guess Samsung definitely goes first.
Micron Defendants in Member Case 2:22-cv-294 are excused from appearing before the Court on Monday, February 26, 2024 at 9:00 AM. All remaining parties in the lead case (2:22-cv-293) will appear on Monday, February 26, 2024 at 9:00 AM in Marshall, Texas. (aeb)
NLST new doc drop in Netlist vs Samsung (2:22-cv-00293)
"Micron Defendants in Member Case 2:22-cv-294 are excused from appearing before the Court on Monday, February 26, 2024 at 9:00 AM. All remaining parties in the lead case (2:22-cv-293) will appear on Monday, February 26, 2024 at 9:00 AM in Marshall, Texas. (aeb)"
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.
$NLST Just want to add that another point of the chart is to have all the pertinent information in one place so that if one wishes to compile a bullet point list of anything, the chart provides the info easily without the need to search each case's docket on Pacer/Courtlistener. Anyone is free to put together whatever list they need in whatever format they like from the info on the chart. The only thing to keep in mind is that the legal situation is always fluid, things can change quickly and developments occur frequently... so check for the recent version but also know there could have been changes since. 😉🍻 I'm waiting for few developments and the Feb 26 hearing to post an updated version. Maybe I'll post it more frequently even if nothing new, so folks can know they're on track.
Stokd....$NLST The chart is not meant to be read as a whole, it simply outlines all the current litigation/cases and their key aspects/rulings/motions/patents/dates/hearings. Pick an individual case and follow it down for the info. There is a legend in the top left corner defining colors and symbols, all trial dates are highlighted purple, including for the BOC trial. It's as simple as it gets if you know what you're looking for, what you're looking at, and the format/structure, all of which I just explained. Some of the challenge is fitting all the litigation and key aspects on one chart where the scale of everything can still be viewable in one image, but the only point of viewing the chart as a whole is to understand how broad and complex Netlist's litigation is, and what we're dealing with... otherwise, it's easier to hone in on each case individually. Of course it helps if you can view it as a whole on a large monitor—makes an impact.
microby
44m
🥞😀🥞
N-Concept in HBM not Standard Essential !! doc 421
„Both sides agree that the ’060 and ’160 Patents are not standard essential, and the Court finds that the Motion is MOOT as to the ’060 and ’160 Patents."
you know, the samsung BAE LEE is micron’s Keith Brent
in 2018 micron abandoned their HMC, this HBM solution had a data drop scheme - all together - great bandwidth, Netlist‘s load reduce 160 - NOT all layer together-
NOT standard essential means!???
Micron recognized the problem in microns HMC, opted for HBM with Netlist patent '160, FREELY, deliberately for the ADVANTAGE
OK, fine, both sides agree 👍🏼
I have that time it took for a world 🌍 wide license
https://sih-st-charts.stocktwits-cdn.com/production/original_562844642.png
Just so you know what can happen shorties
https://finance.yahoo.com/news/nvidia-stock-surge-causes-3-144605188.html
thx, i'm just sharing what i think or read as i follow along. its got a lot of my attention and all my money. i hope we all exceed our wildest expectations and if it dont. we'll still do very well. once again ty.......... off to make some fresh tuna samich's for now !!!
Thanks again for all your work
i guess we can count on some revenue other than litigation for this year. SK hynix Reveals HBM Supply Is Sold Out For 2024, Company Expects Significant Growth In 2025
https://wccftech.com/sk-hynix-hbm-supply-sold-out-for-2024-expects-significant-growth-in-2025/
Here is the Feb 14th edition.
https://sih-st-charts.stocktwits-cdn.com/production/original_562827744.jpg
me either, but i am expecting this year to be the start of the financial fire works!!!
With no fish on a run today .. I’m not expecting much on Monday .
wow, my man doublebag is getting that euphoric feeling flowing....... DuffelBagChad
3m
$NLST I guess the countdown clock reappears again!
If all goes w/o hiccup, in 9 weeks, baby, we get results from all this below 👇🏼.
I got my eyes on the EU verdicts and the PTAB 912, 060 and 160.
NVDA is trading at over 15x their annual revenue. If Netrist can FINALLY come to settlements and start getting paid (not counting the Billion + annual potential w Hybridimm), our POSSIBLE revenue is in the hundreds of millions, if not a Billion. If we trade at only half of what NVDA is (we will be on the fast paced chip hype too) we will have a stock price of 25.00-35.00 per share w/o all pahtents being validated too, imo(again, not including Hybridimm).
Let's Keep on Truckin'
9 weekz
also i want to remind you actually how big this year is. we are worth billions more in court and we have many verdicts for it this year. of course we're not getting paid it all at once. but it proves a point! in case you forgot sk gave us 40mil and 600mil over 5 years, scum owes us now the 500mil interested added. these are done and pending to mean so far we've achieved over $1billion awarded to us. by the time this is done it will be the largest infringement suit in history. you'd have to be an idiot if you dont think we werent getting anymore money, and lots of it. just get the numbers owed to us on paper with goog jan 2025 trial, then just jump on the nasdaq seriously.
the ongoing appeals if any will all be won and the added money on our bottom line along with normal buisness will sky rocket the stock. the future expectations our k's and q's prove will be making the funds buy this. its a no brainer.............
TOMKiLA
7:51 AM
$NLST There is two excellent news, the first is that HBM is becoming a fundamental point for AI and for the tech giants and the second is that micron and samsung are accumulating hundreds of millions of extra damages. Many shareholders will be nervous and doubtful but netlist technology stands out from others and we have already seen expert evidence in the Samsung case.
The time for netlisting has come, all that's missing is the spark to light the fire. Netlist inc really has multi-billion dollar patents, cases will show us the numbers shortly.
robcobb
7:12 AM
$NLST I’ve been to many hearings at this point! All of the ones in the past that were scheduled at 9:00 am lasted till lunch or longer. I may be wrong ,but it doesn’t seem like it would take very long to go over Judge Folsoms report and recommendations and argue any disputes.So my next thought ,does Judge Gilstrap have more things he wants to cover since he is the busiest patent judge in the US.?Monday is shaping up to be a very interesting day. I can’t wait to be in Marshall and report the facts.I am starting to have courtroom withdrawals since it’s been so long since the last hearing! When I know, the board will know!
FrankFromYahoo
6:40 AM
$NLST I do not recall, are also possible damages - not from infringing but from not supplying Netlist with products Samsung was obliged to provide again on the plates (Jury trial in BOC issue on 26th next months?
whole thread,,,,,,,,,,,,,,, https://stocktwits.com/FrankFromYahoo/message/562749873
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