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Stokd
4:45 AM
$NLST Aside from winning at least some of our battles on patent validity and infringement—Netlist/Sheasby’s job—the hard part for investors is waiting to get to trial. Well, we're finally in the thick of it with trials, have filed a first CAFC appeal of '506 PTAB final decision, and the appeal of Netlist's first trial win should begin soon — awaiting post trial motion rulings so Samsung can appeal, which is when I believe they have to post bond on the $303mil+interest award.
Given the numerous cases at different stages of itigation, we can simultaneously be in pre trial / trial / post trial / appeal... juggling will intensify. How things play out and when/what sequence, in respect to different aspects of litigation—BOC/infringement/declaratory judgment/patent validation/CAFC—can dictate timing and determine the willingness of parties to settle, or what they stand to lose. It's one of the most interesting dynamics at play, and will influence the degree Netlist prevails, not if.
robcobb
3:14 AM
$NLST I like to give snippets of occurrences of things I observe in the courtroom, one being that Tom Melsheimer the original lead that hasn’t been present for most of the hearings was there yesterday as more of an observer than a participant in the proceedings,(he never argued a motion.)He was on his laptop putting information in through the whole Pre-Trial.Another observation was that every time we took a break all the Micron lawyers went in a side office and closed the door! I had not seen this occurrence before in all the proceedings I have been to where any of the lawyers from any side did this .It could be something that Mr.Melsheimer likes to do when he is at the hearings(maybe a pep talk or strategy),I thought it peculiar as to what I have observed in the past.Also Mr.Melsheimer will not be at the hearing today because he had a prior engagement at the university of Texas and is excused today.These are not important observations,but I thought I would share them with the board.
robcobb
Yesterday 9:23 PM
$NLST We didn’t finish today,motions in limine are still on the table and exhibits will be ruled on tomorrow! I don’t think I will attend tomorrow as I have talked to Stokd and he will post the rulings when they drop. I think my attending today let us know a lot of good things are going Nlst way in the Micron 294 case ! I am going to save my energy for the trial that will be here soon! I will be there every day for it!
robcobb
Yesterday 9:03 PM
$NLST When I gave information from the court to Bolliver he miss understood the change in the trial date,probably my fault,Judge Gilstrap is considering changing the date from April 22 to April 29 not March.He said he would make that decision in a few days ,just to clarify what Judge Gilstrap said!
robcobb
Yesterday 8:42 PM
$NLST I’m home now and very tired.Just to let everyone know Judge Gilstrap said he would make it official about the stay later,but he told everyone in the court the stay was denied!
For reference. Today's motions, pg 1 https://sih-st-charts.stocktwits-cdn.com/production/original_564697077.png
Today's motions, pg 2 https://sih-st-charts.stocktwits-cdn.com/production/original_564697069.png
NLST Update, They did not finish today but everything is going great! Check out Kennedy Royalty Rates
Just got an update from Rob. Rob said some of it came rapid fire and it was impossible to write all the details. Overall netlist had a great day and these are listed granted or denied or granted in part and denied in part which is common for judge Gilstrap. Check out Kennedy's royalty rates!
If you look at document 54 on court listener which anyone can pull you will see these numbered in order from 1 through 20
I will repeat some of these from earlier today. They also did not finish today there's a couple left and the Motions in Limine.
2. Netlist motion granted 3. Micron motion denied in full 4. Netlist motion granted many strikes 5. Netlist motion to strike halbert denied 6. Micron motion to strike Kennedy denied in part granted in part 7. Netlist motion granted 8. This was a netlist motion to strike Stone and there are multiple parts to it so refer to my post from earlier today 9. Netlist motion for summary judgment on Micron affirmative defenses. 912 laches dropped by Micron 417 laches granted to Netlist from what I could gather 912 affirmative defenses by Micron were withdrawn. I may not have that exactly right so we'll have to wait and see. 10. Micron motion on pre-suit Damages it looks like just like in Samsung damages are going to start in April 2021 11. Micron motion to strike Gillingham denied in part granted in part 12. Micron motion to strike Mangione Smith granted in part denied in part 13. Micron motion for summary judgment lack of written description for US Patent 417 denied 14. Netlist motion for consolidation denied 15. Netless motion for leave to supplement expert reports granted 18. Micron motion to compel production of expert deposition transcript from lead case denied 20. Micron motion for leave to supplement Dr Matthew Lynn's expert report granted
Kennedy damages discussion for micron 1 $23.42 per unit for micron 2 $46.70 incremental royalty rate of $70.12 the proposed royalty rate was $89.24 but it looks like Kennedy settled on the $70.12. I think all those numbers will make everyone very happy because if you remember we ended up with about three quarters of Kennedy's estimate during the Samsung case
https://www.reddit.com/r/NLST/comments/1b8eqni/just_got_an_update_from_rob_rob_said_some_of_it/?utm_source=share&utm_medium=web2x&context=3
144 Report of proposed sale of securities Mar 06, 2024 https://investors.netlist.com/websites/netlist/English/3200/us-sec-filings.html
'Sold out': Samsung archrival sells out of precious HBM cargo but is mum on who the biggest client was — Nvidia and AMD can't get enough high bandwidth memory chips but is there someone else?
https://www.techradar.com/pro/sold-out-samsung-archrival-sells-out-of-precious-hbm-cargo-but-is-mum-on-who-the-biggest-client-was-nvidia-and-amd-cant-get-enough-high-bandwidth-memory-chips-but-is-there-someone-else
BolliverShagnasty
1m
$NLST In case some of the west coast Netlist investors did not see this this morning. Micron was also denied on number 38 this morning. it reads as follows and was denied by the Judge before the hearing started.
Before the Court is Micron’s Motion for Leave to Supplement Dispositive Motions and Motions to Strike Based on Deposition Testimony Obtained After Briefing Closed (the “Motion”). DENIED!!!
DuffelBagChad
2m
$NLST
Well, we're definitely going back to back!
German Court is in the On-Deck Circle and Next Up to Bat ⚾!
Courtesy of Mike Smargassy
https://sih-st-charts.stocktwits-cdn.com/production/original_564645646.png
NLST 14 Motions still left to be decided
$NLST Rob and Prime went back in to hear what the rest of the hearing will reveal. :-
$NLST MIcron motion for non infringement of 912 denied in full takes them way down memory lane as to damages
BolliverShagnasty
1m
$NLST MIcron motion for non infringement of 912 denied in full takes them way down memory lane as to damages.
BolliverShagnasty $NLST Here you go! Sounds like Netlist is doing great so far!
https://www.reddit.com/r/NLST/comments/1b87mzg/just_heard_from_rob_and_netlist_is_doing_great/?utm_source=share&utm_medium=web2x&context=3
Just Heard from Rob and Netlist is doing Great!
2. 340 (22-cv-293) Netlist Motion for Summary Judgment re Micron RAND Defense - Granted (Sweet)
3. 345 (22-cv-293) Micron Motion for Summary Judgment re Non-infringement of '912 and '417 Patents -Denied in Full (Sweet)
7. 362 (22-cv-293) Netlist Motion for Summary Judgment Asserted Patents Not Standard Essential Granted (Winning)
12. 369 (22-cv-293) Micron Motion to Strike Mangione-Smith Granted in part Micron was not given sufficient time to examine expert witness so they may question regarding PDA mode in court.
Balance of Motion DENIED
13. 370 (22-cv-293) Micron Motion for Summary Judgment Lack of Written Description for US Patent ’417 - Denied (winning)
8. 364 (22-cv-293) Netlist Motion to Strike Stone Multiple parts: Granted means Netlist won Denied means Micron can argue that part to Jury!
a. Essentiality- Granted
b. Non Infringement alternatives Denied they can argue
c. Looplock Device Denied they can argue
d. Direct Infringement Granted Paragraph 69 stricken
e. SSPPU Theory Granted Paragraphs 368 - 372 Stricken
f. Compatability Denied they can argue
g. Buffer control Signals Portions Denied, they can argue
h. Prior Art Anticipation Denied, they can argue
i. Written Description theory Denied, they can argue
j. Prior inventions Granted Paragraphs 162-168 Stricken
Pending IPR's Denied because previous MIL made it moot. IPR's Prior cases PTAB off limits and cannot be argued to jury
k. Jedec Standards Denied, they can argue.
Rob observations- During Recess Micron Lawyers go into side room which he has never seen before.
8 lawyers each side
points about trial as follows - Trial date could change to 03/29/2024 and Judge Gilstrap will make decision in next few days.
During Trial - each side get's 30 minute opening statements and 40 min closing statements
Rob said Jason seems Jovial and Micron has long faces.
robcobb
1m
$NLST Everything is going well for Nlst so far,on lunch ,just fed Bolliver the rulings that we have covered ,he will be posting soon,Jason has equal number of lawyers to help today,that is something new 8 to 8,more to come later ,about to go in.
first update...prime311
6m
$NLST We’re on lunch right now. I like to give a more play by play account via my notes, but for a quick update- morning has been going well. Biggest takeaway in my opinion is Netlist won the motion (dkt 362) to say that the patents aren’t standard essential, so in turn was granted dkt 340 - about Micron’s RAND defense. Will update more when we have time.
i'm guessing 2pm est strap goes for lunch, then maybe some up dates ?????
ya think that little jump was an accident !! lol !! i bet we get favorable rulings today.
there guilty, and per strap, whatever you guys do, you will have a jury trial in april. cant wait to hear what is allowd and not at todays pretrial. going forward they'll work through any crap the mighty micrap throws at us, strap will deny any delays, its game on, jury trial date set with a monetary judgement about to be awarded from there, after that its just more time coupled with more victories till we get paid. i think the eu judgement will make them settle if they get an immediate injunction. they'd rather pay us than lose billions per month.
Looks like a last resort event has happened...here we go!
There are numerous reasons attorneys withdraw from representation of clients. Commonly, attorneys request the Court to allow his or her withdrawal from representation on the basis that the client has failed to abide by the obligations contained in the employment contract. The obligations found in an attorney-client employment contract can include terms of payment, promises to be honest and forthcoming, and promises to respond in a timely manner....
As a general rule, an attorney’s withdrawal from representation of a client or a client’s firing of an attorney is a last resort. Most of the time attorneys and clients are able to work through issues and personality differences that may arise during representation. However, the withdrawal process exists to ensure no attorney and client are forced to work together.
https://www.colemanchambers.com/articles/why-do-attorneys-withdraw-from-representation/
$NLST when shorty is forced to cover that 9mm position. some of you are going to FAINT
NLST - CourtListener Docket Alert
1 New Entry in Netlist, Inc. v. MICRON TECHNOLOGY TEXAS, LLC (2:22-cv-00294) District Court, E.D. Texas
UNOPPOSED MOTION to Withdraw as Attorney Haltom & Doan Attorneys by MICRON TECHNOLOGY TEXAS, LLC, Micron Semiconductor Products Inc, Micron Technology Inc. (Attachments: # 1 Proposed Order)(Doan, Jennifer) (Entered: 03/06/2024)
https://www.courtlistener.com/docket/64861663/netlist-inc-v-micron-technology-texas-llc/?order_by=desc
this is one of my favorite gifs to put on a msg board for a shareholder out of his mind holding a position in any particular position. i still laugh everytime i see it. saw it just now on the nlst twit board........
the mania is alive lol !!!
https://media1.giphy.com/media/X0bnTmo4izNfi/giphy.gif?cid=9191ed4cut5y7juuj8crlox25aeplt7ms13zq8gvw4agbgh6&ep=v1_gifs_gifId&rid=giphy.gif&ct=g
NLST PRE TRIAL BABY !!! GET SOME !!!
gails buyin shoes again, lol !!! 144 Report of proposed sale of securities Mar 06, 2024
https://investors.netlist.com/websites/netlist/English/3200/us-sec-filings.html
prime311
Yesterday 10:09 PM
$NLST I was able to get on the road earlier than usual this time, so I have officially arrived in Marshall 👍. Definitely beats getting here at midnight. Looking forward to seeing @robcobb tomorrow at the hearing and listening to all of the motions. Like I stated earlier, I will post my notes as soon as possible, but I plan on hitting the road right after the hearing.
robcobb
Yesterday 4:25 PM
$NLST I want to let everyone know I will probably call Bolliver after the Pre-Trial Conference is over and let him post the high points that I hear in the courtroom like I have done in the past. I am not sure how long the 294 Micron Pre-Trial Conference will take because the Samsung 463 Pre- trial took two full days and the Micron 203 Pre-Trial only took one day and finished mid afternoon . I will add to what Bolliver posts after I get home and go over my notes. Prime 311 has about a three and a half hour drive and I’m sure he will add to what me and Bolliver post when he is able to. I am looking forward to seeing what Judge Gilstrap rules tomorrow!
LST A worthwhile article — "Royal KPN just scored $287M against Samsung" — which was posted, but this particular one gives a mention to Netlist — "Just like a previous Netlist Inc-Samsung dispute, KPN alleged that the South Korean electronics maker breached the terms of a previous patent license agreement" — the prevailing narrative continues for Samsung's nefarious ways of dealing with contracts and licenses... infamous!
https://sih-st-charts.stocktwits-cdn.com/production/original_564530443.png
Stokd
54m
$NLST There was a lot of activity by both parties late last night/early this morning in the BOC case:
-Proposed Pretrial Conference Order
-Oppositions to Motions In Limine—Netlist
-Oppositions to Motions In Limine—Samsung
-Proposed Jury Instructions—joint set
-Proposed Jury Instructions—disputed set
-Proposed Jury Verdict
-Proposed Voir Dire (jury selection) Questions
-Proposed Statement of the Case—Netlist
-Proposed Statement of the Case—Samsung
As you can see they are all "proposed" for now and hence we're still awaiting final versions/rulings—including on Opposed Motions in Limine—from Judge Scarsi, which will be posted here.
https://sih-st-charts.stocktwits-cdn.com/production/original_564528349.png
$NLST Gilstrap just 🔥DENIED🔥 Micron's motion from yesterday, where Micron was trying to sandbag Netlist — "Before the Court is Micron’s Motion for Leave to Supplement Dispositive Motions and Motions to Strike Based on Deposition Testimony Obtained After Briefing Closed (the “Motion”). Micron argues that there is good cause to supplement the briefing for five of its pretrial motions (Dkt. Nos. 345, 360, 364, 369, and 370) because Micron’s depositions of Netlist’s damages and technical experts occurred after the deadline for filing dispositive motions. Netlist opposes Micron’s Motion for two reasons: (1) Micron chose to take depositions after the deadlines for pretrial motions and (2) the timing of the Motion warrants denial."
"The Court finds that there is not good cause to supplement the briefing on the pretrial motions." --- "Accordingly, for the reasons stated herein, the Court finds that the Motion (Dkt. No. 38) should be, and hereby is, DENIED."
https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.59.0.pdf
https://sih-st-charts.stocktwits-cdn.com/production/original_564520870.png
$NLST 3 weeks from today's date we will hold trial on the BOC issue v SCAMsung Electronics. Within now and that date we will also have the Pre Trial Conf, tomorrow in Texas and also have completed the Final Oral Hearing regarding the first of the two EU Pahtents, which may result in validity, damages and an injunction. If we get Scamsung first out there, the other parties know whats coming their way too!
Three weeks from today all of this will be completed, and thats just the kickoff.
NLST CourtListener Docket Alert. 2 New Entries in Netlist, Inc. v. MICRON TECHNOLOGY TEXAS, LLC (2:22-cv-00294)
Getting ready ! https://www.courtlistener.com/docket/64861663/netlist-inc-v-micron-technology-texas-llc/?order_by=desc
NLST - Not sure what this one is.
1 New Entry in Netlist, Inc. v. MICRON TECHNOLOGY TEXAS, LLC (2:22-cv-00294) District Court, E.D. Texas
Notice of Deficiency
https://www.courtlistener.com/docket/64861663/netlist-inc-v-micron-technology-texas-llc/?order_by=desc
NLST many documents dropped for the BOC case this morning. I only pulled on so far. The proposed jury verdict question/questions. It seems Netlist version is simple, and Samsung wants to make it a little more confusing. My opinion. Will post 4 pages
https://sih-st-charts.stocktwits-cdn.com/production/original_564344243.jpg
https://sih-st-charts.stocktwits-cdn.com/production/original_564344269.jpg
https://sih-st-charts.stocktwits-cdn.com/production/original_564344331.jpg
https://sih-st-charts.stocktwits-cdn.com/production/original_564344363.jpg
NLST the notice that came out last night shows all the pending motions. 2 pages
https://sih-st-charts.stocktwits-cdn.com/production/original_564343790.jpg
https://sih-st-charts.stocktwits-cdn.com/production/original_564343816.jpg
$NLST April is going to be a grand month. watch as shorty is forced to cover
Technology Group Of The Year: Irell
By Abby Wargo · March 4, 2024, 2:28 PM EST
Irell & Manella LLP won a $303 million judgment for a company that designs circuit boards in a patent lawsuit against Samsung, a ruling a Texas federal judge upheld later in the... need to subscribe................. https://www.law360.com/pulse/articles/1784805/technology-group-of-the-year-irell
microby
3:37 PM
Just in case 😁
should, so in the extreme case, should there ever be a stupid question
the entire Micron trial is about lrdimm and rdimm, but mainly the larger ones, where the N-logic is integrated
Should a stupid question arise 😉
@stokd just revealed that Micron's defense still has stupid questions,
Unteachable bunch!!!
https://sih-st-charts.stocktwits-cdn.com/production/original_564254065.png
Stokd
16m
$NLST CAFC overturns PTAB's finding that patents covering adult diapers were invalid as obvious—cuz they need the product. 😂
If "improvements to the closure system for the diapers, replacing a hook-and-loop system with a wrapping system" are not obvious, then how obvious are Netlist inventions in memory where "there are no alternatives" per defendants expert—they're not!
"A patent owner convinced the Federal Circuit to overturn an administrative board’s finding that four patents covering adult incontinence diapers were invalid as obvious. Paul Hartmann AG’s improvements to the closure system for the diapers, replacing a hook-and-loop system with a wrapping system, weren’t obvious in light of earlier patent publications, a three-judge panel of the US Court of Appeals for the Federal Circuit ruled Monday. The PTAB in Feb 2022 had found that a person of ordinary skill in the art would have been motivated to create the design, rendering the innovations obvious"
https://news.bloomberglaw.com/ip-law/adult-diaper-patents-reinstated-as-not-obvious-by-appeals-court
Stokd NLST Another Gilstrap sua-sponte indication he intends to go through with the Apr 22nd trial... clearly serious about making sure it proceeds without any issues.
ORDER REGARDING EXHIBITS—"The Court enters this order sua sponte. Due to the voluminous exhibits expected to be tendered during the trial of this case, the Court ORDERS the following:"
https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.48.0.pdf
https://sih-st-charts.stocktwits-cdn.com/production/original_564243338.png
Stokd
2m
https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.47.0.pdf
$NLST When you're guilty and can't win on substance, you resort to tactics of gamesmanship. Can't see how Gilstrap allows it.
Motion in pic—some points:
-"Micron’s last-minute motion to file five supplemental briefs (totaling 30 pages) three business days before the Court’s pre-trial conference should be rejected."
-"Micron chose to take depositions after the deadlines for pre-trial motions. It cannot use this decision as a tool to sandbag Netlist."
-"Micron waited 13 days after the last deposition of Netlist’s experts, taken on February 16, to file its motions. There is no conceivable reason for it to have waited this long other than sandbagging."
-"Micron’s intention was clearly to jam Netlist up with briefing as late as possible."
-"By waiting until three business days until the pretrial conference, Micron assured that Netlist’s counsel would be fully focused on preparing for oral argument at the pretrial conference. There is no need for this kind of gamesmanship."
https://sih-st-charts.stocktwits-cdn.com/production/original_564242116.png
One has to love the EU for spanking these infringers hard.
https://www.marketwatch.com/story/eu-fines-apple-nearly-2-billion-over-streaming-service-4e4adee8?mod=home-page
also, this is due today............ https://investorshub.advfn.com/boards/read_msg.aspx?message_id=173956433
done my brother !!! nlst baby !!! get some !!!
robcobb
5:54 AM
$NLST As everyone knows I have attended all the previous Pre-Trials, and I want to talk about the difference between Judge Gilstrap and Judge Payne on how they handle them.Judge Payne listens to the motion arguments and rules as he goes not necessarily in order.Judge Gilstrap listens to the motion arguments and makes a ruling on each one at the end of the hearing.For me it is easier to get the rulings that Judge Gilstrap makes because they are (usually in order), and it is easier to get whether the motion is granted or denied.(Judge Gilstrap is presiding over this Pre-Trial.) I think it will be easier for me and Prime (Larry)to get the rulings with Judge Gilstrap at the helm if he rules like in the past. I would think we are about to get a document drop separating the motions on the 294and 293 cases,since the 60 some odd motions pertain to both cases,and Judge Gilstrap said he wanted them separated!Only two more days till we find out what can be presented at trial!
after 15 minutes of trying i cant figure out how to un pin what i already have up there but will get to it later.
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