NetList Inc (NLST)

[Jetmek_03052]

Case 2:22-cv-00293-JRG Document 695 Filed 03/19/24

SAMSUNG’S OPPOSITION TO NETLIST’S MOTION TO STRIKE THE
SUPPLEMENTAL REBUTTAL REPORT OF LAUREN KINDLER (DKT. 669)

https://storage.courtlistener.com/recap/gov.uscourts.txed.216364/gov.uscourts.txed.216364.695.0.pdf

[papaphilip]

Nothing exudes confidence more than officers continually selling shares at these low levels. Just gives me the warm and fuzzy.
Grrrr

[100lbStriper]

4 Statement of Changes in Beneficial Ownership Mar 19, 2024
https://investors.netlist.com/websites/netlist/English/3210/us-sec-filing.html?shortDesc=Statement%20of%20Changes%20in%20Beneficial%20Ownership&secFilingId=ddf738e1-aca9-40da-b3b1-c745c87f963f&format=convpdf

[cinnamonpee]

Some have been here more than 10 years. It’s ok to vent sometimes. If you’re a true long, I can guarantee that you’ve said a couple of choice words in your head throughout this process. If you say you haven’t, I’d call you a liar.

[100lbStriper]

AGREED 100% on all of it espeacily this part....... There is another process I wish netlist would call upon, the injunction. No more sales of alleged infringing products until this thing has been settled.

see how fast we get settlement when they cant make a billion dollars a month spending a million or two on lawyers.

[100lbStriper]

lol !!! i love it !! nobodies fault but mine, and for the newly celebrated victim class, alls i have to say is this......

HAHAHHAHAHHAHAHAHHAHHAHAHHAHAHAHAHHAHAAHAHHAHHAHAAA!!!!!!!!!!!!!!!!

[100lbStriper]

dont worry about it, i'm not thin skinned. at the moment i was pissed and took your comment the wrong way. hell they even canceled band practice today which is my only night out !! peace........

[mfascuba]

The leeway may actually be a blessing, as it gives them everything they ask for procedurally, and closes off avenues for future appeals.

From that perspective I’m glad they are following the process.

There is another process I wish netlist would call upon, the injunction. No more sales of alleged infringing products until this thing has been settled.

[gooferball]

I'm just wondering how many of us had our arms twisted and were forced to buy into this stock. Those that were in fact made to invest against their will to become stockholders in this company may feel others need to hear them whinge and moan like our new celebrated Victim Class, although the grown ups among us may consider not blaming others for our situational discomforts.

[cinnamonpee]

Sorry Striper. Not busting your balls. I appreciate all the posting you bring here. Just venting about all the leeway the system gives to the infringers without considering the harm it brings to innovators.

[100lbStriper]

time to go play some music......... gonna go hang me a judge tonight, he know he didnt treat me right..... gonna go hang me a judge tonight, he know he didnt treat me right....... if all else fails you'll hear the sunset wail... that man in black aint comin back........

[NewbieDoobyDoo]

"By the early nineteenth century, the British Court of Chancery had become synonymous with procedural dysfunction and injustice."

American justice has become something out of a Dickens novel.

[100lbStriper]

frustrated??? pissed the ef off is more like it. this isnt justice its unaccountable fraud designed to make the less monetized side collapse. this is a big year for nlst on jury trials. i will give this till the end of the year to prove something to me. if i'm not satisfied or comfortable with the outcome i'll dump my position and go for a walk.

but till then, i'll stay BULLISH !!!

fair enough ?

[papaphilip]

None of us has another 20 years, especially Netlist. This is why the shorts have been and very well may continue to win. A literal endless cycle of delays and appeals. Will that mean more offerings and lower prices and better negotiating conditions for the infringers?!? I hope not, but that's what it's been looking like. No win is a win until Netlist collects on a judgement or negotiates a contract and collects on that. Neither of which seems to be in the near future. Meanwhile the company leaders are doing well for themselves selling shares, while us stuckholders, wait and hope and bleed.
If you sense frustration, you're perceptive. I can't even push the Bullish button anymore.

[100lbStriper]

Stokd
1:50 PM

$NLST To sum it up... Judge Scarsi intervenes regarding the BOC trial framework, and addresses the fact that regardless of whose interpretation the jury agrees with, Netlist should still have an opportunity to argue that Samsung breached—as Netlist presented breach theories even under Samsung's proffered interpretation.
Samsung cries that they were ambushed and did not have time to prepare. Next thing we hear is that Yoder had a stroke and Samsung needs time for the new/substitute counsel to prepare—very suspect and all too convenient.
What is seems like to me is Samsung was caught blindsided with the development, and realized they need to come up with another/better strategy—as the ever changing one Yoder was implementing led them into a corner—and hence we find ourselves here... again IMO a move stemming from desperation and panic in regards to their position.

[100lbStriper]

Stokd
1:37 PM

$NLST The minutes from the BOC status conference regarding proposed verdict form and new trial date were filed, it's a text only entry with no document. It lasted 33 minutes, and the judge took the matters under submission and will render an order—I would think relatively soon.
"MINUTES of Status Conference re: Continuance of Trial held before Judge Mark C. Scarsi. Court and counsel confer regarding the proposed verdict form and the parties' preferred new trial date(s). The Court takes the matters under submission. Order to
issue. Time in Court: 33 mins."
The above in top pic, the below in 2 bottom pics.
Regarding what the investor that went addressed as far as Samsung claiming/crying about Netlist's new breach theory — it was already presented and argued by Samsung in the Joint Disputed Jury Instructions filed Mar 13 (link below if interested in context) — though color and some details that we're reported are always appreciated.

https://sih-st-charts.stocktwits-cdn.com/production/original_566445739.png

https://storage.courtlistener.com/recap/gov.uscourts.cacd.783923/gov.uscourts.cacd.783923.463.0.pdf

[100lbStriper]

thx for the reply. if even half of what you conveyed to me is true. i dont have another 20 years......

[100lbStriper]

if your just busting my balls for not knowing the actual protocal thats ok. but you have to be kidding me........ couldnt ya just fill me in ?

[mfascuba]

I know what’s up - my share count. Thanks for the dip, it tastes great!!👍

[Jetmek_03052]

I'm not trying to "straighten you out" my friend. I am simply saying that I am of the opinion that another appeal can take place, should Samsung once again lose in this case. In fact, I asked Copilot this very question:

After winning an appeal and again losing the case, can the case be appealed AGAIN?

Here is the answer I got:

Certainly! Let’s delve into the intricacies of the appeals process. When it comes to legal matters, it’s like navigating a labyrinth, isn’t it?

Winning an Appeal:
Imagine you’re in court, and the appellate court rules in your favor. Victory!

But what happens next? Well, there are two possible scenarios:

a. Reverse and Remand:
The appeals court might say, “Hey, trial court, you goofed up! Let’s do this again.”
So, they send the case back to the trial court for further proceedings.
Common reasons for remand include constitutional rights violations or significant evidentiary errors.
And guess what? The same judge who presided over the original trial usually handles the new proceedings.
Fun fact: Trial judges don’t enjoy being overturned, so they pay extra attention. The appeal can be a game-changer!


b. Reverse and Render:
Here, the appellate court doesn’t play ping-pong with the trial court.
Instead, they make the final call themselves.
Picture this: You won a half-million-dollar verdict, but the judgment debtor appealed.
The appellate court examines the case and says, “Statute of limitations, my friend! Case dismissed!”
Boom! Home run for the appealing party! ⚾

Losing Again:
Now, let’s say lightning strikes twice, and you lose again after winning an appeal.
Can you appeal again? Absolutely!
You can climb the legal ladder further.

State Supreme Court:
If you lose in the intermediate court of appeal, aim higher.
Knock on the door of your state’s court of last resort—the state supreme court.
But here’s the twist: They’re picky. They choose which cases to decide.
It’s like an exclusive club where only the juiciest legal dramas get an invite.

Now does this mean Copilot is absolutely, 100% correct that it can be appealed again? I don't know. But I believe it is.

We will eventually see the answer, as I believe Samsung will lose AGAIN in Scarsi's court. I hope they cannot appeal. I want this to end and be done with it, just as badly as you do - believe me.

[cinnamonpee]

samscum is entitled to 5 general appeals, 3 final appeals, 3 final-final appeals, and one last triple dog dare grand ultimate final appeal.

[greese57]

NLST:)$$$ why all the dark pool action today??? Something is up:)$$&

[100lbStriper]

and here i am of mind this is the appeal process in action due to the fact they were initially in front of scarsi and lost. so how do they get another trial for the same thing ? they then went to delaware to see hall, which i thought was the appeal ? she ruled it to go back to scarsi for a verdict and both sides agreed. so how do they get another appeal ? or was hall not an appeal ?

straighten me out, i'm listening.........when you got the time, no hurry, ty

[Jetmek_03052]

This is basically a new trial, with jury. I am almost positive Samsung can (and will) appeal any loss (should it happen).

Considering the number of Samsung attorneys that are listed in the case, I think ANY delay is horse shit. They should simply appoint one of those attorney's that have been on the case, as lead. At the most, give them the weeks continuance that Netlist is agreeable to and be done with it.

But Scarsi has to be aware of Samsung and the tricks they always play. If Scarsi doesn't give them the time they requested (Until mid-May or Mid-June), they will cry foul and claim that the judge prevented them from being able to prepare the new lead properly.

Samsung sucks and they have used (and will continue to use) every and any means to delay and foul up this case.

[100lbStriper]

Micdee0
6:19 AM

$NLST Going back to my notes, there were a couple things that I didn't really understand. One was about Netlist's proposed verdict form which was simple, 1) was there a breach, and 2) was the breach material. I'm not sure what Samsung was proposing as a verdict form but Sheasby was arguing (I think) that if they used Samsungs proposal(s) (which I never saw and they never discussed) that many interrogatories would be necessary, like 4 or more I think. Another was about Sheasby's concern was not having the jury determine what the contract means but rather what the language of the contract means. Again, I not sure about this point but he was going into terms like nvdimm-p, jdla, joint project, etc. Samsung attorney was confused saying he didn't know why Sheasby was going over all these terms and stated that the jury is not allowed to determine what the contract means. I don't know, maybe I was getting something wrong here but I had it in my notes fyi.
thread........... https://stocktwits.com/Micdee0/message/566369803

[100lbStriper]

to tell you the truth i'm not sure about that. reason being your allowed an appeal which they were given. not sure if your allowed another, thats my understanding as this is an ongoing learning experience. the appeal went to hall who kicked it back to scarsi. so imo this should have a final decision. ie, thats why gilstrap is waiting to set the rates for units sold. time there always trying to get. scamsung themselves said 1-2 weeks and being they told the court that they should be held to their set time frame. since samscums legal firm is already well versed in being an established upper tier law firm and more than familiar with the case they should have no problem picking up where yoder left off. imo they should be stuck with the time frame they themselves asked for and scarsi should hold them to it. i guess we'll see what happens soon enough.

[Jetmek_03052]

I’m telling you - these A-Holes are setting the stage for yet another appeal, due to Scarsi possibly not giving them enough time to prepare Yoder’s replacement. That’s why they’re asking for three months (mid June). They know Scarsi probably won’t grant that much time.

[100lbStriper]

Micdee0
4m

$NLST Okay, I'm back home. The traffic was brutal. Even being on Monday didn't help. Samsung has 7 attorneys (& some paralegals??). It was Sheasby and Lisa Glasser (I think?) for Netlist.
Sheasby has Samsung in a box. Judge Scarsi asking if NLST's initial letter was broad enough to cover both. With Netlist interpretation of the contract, Samsung loses, and with Samsung's interpretation, Samsung loses.
Then they tangled on dates. Sheasby asking for April 9th, then judged asking Samsung who said no. Samsung wants mid-May to mid-June. Sheasby said it Samsung dates prejudices NLST. Sheasby reminded Scarsi Samsung's initial request for 1-2 weeks. April 9th is the "sweet spot". Sheasby is busy after April 9. The Judge Scarsi asked about Judge Gilstrap and Sheasby said Gilstrap is waiting on the Scarsi, again prejudicing NLST with any delay. Sheasby told Judge Scarsi Samsung has had months to prepare and he doesn't want to wait for May. I think Scarsi is on board for April 9th.

[100lbStriper]

473 Mar 18, 2024 TRANSCRIPT ORDER as to Defendant Samsung Electronics Co., Ltd. for Court Smart (CS). Court will contact Brian A. Treggs at [e-mail] with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Lucas, Amy) (Entered: 03/18/2024)

Main Doc­ument

-Transcript Order Form (G-120)

https://www.courtlistener.com/docket/17206527/netlist-inc-v-samsung-electronics-co-ltd/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

474 Mar 18, 2024 Main Doc­ument-Transcript Order Form (G-120)

[100lbStriper]

i hear ya, i can afford to sell some shares too. i just need the pps to go higher !!! at 6 bux i'm takin a paycheck and letting the rest ride..........

[manfromjax]

Glad he can afford to sell shares.
I can only remember the time when I was at breakeven, some 8 months ago, where I could afford to sell some shares..
Time keeps passing by.

[100lbStriper]

Netlist Inc. v. Samsung Electronics Co., Ltd. (8:20-cv-00993)
District Court, C.D. California

472 Mar 18, 2024 Main Doc­ument Notice of Appearance or Withdrawal of Counsel (G-123)

https://www.courtlistener.com/docket/17206527/netlist-inc-v-samsung-electronics-co-ltd/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

[Jimmy Joe]

BoC acronym.........

Because of Connie
Breast of Chicken

Nice post by Stokd 100lb Striper.
"The Stew is starting to cook, and Art is up on the wall" said Jeffery Dalmer.

Go Gilstrap~!

[100lbStriper]

breach of contract

[100lbStriper]

144 Report of proposed sale of securities Mar 18, 2024
https://investors.netlist.com/websites/netlist/English/3210/us-sec-filing.html?format=convpdf&secFilingId=543ba7f3-5812-4bdd-9905-26b77fc8b589&shortDesc=Report%20of%20proposed%20sale%20of%20securities

[NewbieDoobyDoo]

I've lost track of what is meant by "BOC".


Acronym Definition
BoC Bank of Ceylon (Sri Lanka)
BoC Board of Commissioners
BoC Bank Of China
BoC Bump of Chicken (band)
BoC Bureau of Construction (various locations)
BoC Bank of Canada
BoC Bank of California
BoC Boards of Canada (band)
BoC Bank of Communications (various locations)
BoC Best of Canada (gaming clan)
BoC Banc One Corporation (now Bank One Corporation)
BoC Blue Oyster Cult (band)

[100lbStriper]

Stokd
12:56 PM

$NLST Maybe after Scarsi's intervention on the BOC trial framework, Samsung realized that Yoder's inconsistent positions and changing interpretations left them in an untenable spot. Rather than risk further by continuing, they allowed Yoder the courtesy of a "medical emergency" exit, deciding to part ways which also affords them time—if their strategy of pushing for this trial changed or just in order to regroup/prepare.

It hit me recently with regard to the first BOC trial and the upcoming second — not only did Yoder request a continuance/delay of both trials due to medical reasons in the 11th hour, but it is also the second time Samsung has changed/substituted lead counsel right before trial—it was Yoder who came on 5 weeks before first BOC trial. A clear pattern with Samsung and whoever is calling the shots, this can’t be accidental and random... a move like that only comes in desperation.
Pictured below is Yoder coming on the first BOC case Oct 22nd with trial Dec 1st.

https://sih-st-charts.stocktwits-cdn.com/production/original_566274319.png

[Jetmek_03052]

Yes, more than a few. Here's a screen shot:

[Rick1997]

I havent see any posts since 3/15/24 am I missing somethig?

[100lbStriper]

Stokd
15m

$NLST Just a reminder/fyi, that anything and everything that happens at hearings will be reflected in the minutes and filings soon after—we’re going to learn exactly what occurred and what came of it/what’s next. I personally don’t bother with/worry about being at hearings, even when on motions they cover what has already been argued/briefed… trial is where it’s really at. Be patient and let it play out, we read what Netlist's & Samsung's positions on the matter are, we’ll get specifics and any decisions soon.

[100lbStriper]

lets call it a ''how we proceed'' get together today. laymans legalese ......

[100lbStriper]

NLST sounds like someone with a license is leading the pack.. https://www.trendforce.com/news/2024/03/14/news-salvaging-hbm-yield-samsung-follows-competitors-by-adopting-sk-hynixs-techniques/

[eyeownu]

$NLST unreal! wow im going to take my crypto money and buy 1500 more nlst shares!

[100lbStriper]

status conference re conitinuation of trial today https://sih-st-charts.stocktwits-cdn.com/production/original_566237534.png

[100lbStriper]

8:20-cv-00993 boc Final Pretrial Conference: March 18, 2014, 2:00 pm

STATEMENT Samsung's Request for Trial Continuance Due to Medical Emergency filed by Defendant Samsung Electronics Co., Ltd. / Joint Statement to Continue Trial Date re: Order on Motion for Leave to File Document Under Seal, 468 . (Attachments: # 1 Declaration of Marc Feinstein, # 2 Declaration of Michael Yoder)(Feinstein, Marc) (Entered: 03/14/2024)

https://storage.courtlistener.com/recap/gov.uscourts.cacd.783923/gov.uscourts.cacd.783923.469.0.pdf

[100lbStriper]

TOMKiLA
6:21 AM

$NLST Netlist's cash management has been very positive in the last 4 quarterly reports, honestly we know that Samsung, Micron and Google want to waste as much time as possible to make Netlist fail but this game isn't working entirely. By now the cases are all close together and netlist has more than 50 million in cash, the financial market is increasing its revenues. the only expense that really stands out and affects the net losses for the quarter is precisely that of legal expenses. Hong said that investments under this heading are at their peak so it is expected that these expenses may reach an end soon and begin to collapse in 2/3 quarters.

It is essential to go to jury trial and win as well as have a final victory from the BOC of the Samsung case. If there are these concrete victories, the price will not stop and will probably reach $5 in a few weeks.

SAMSUNG damages is increasing exponentially, this is not a game

[100lbStriper]

yes, great stuff, posted yesterday morning......... https://investorshub.advfn.com/boards/read_msg.aspx?message_id=174044015

no apology necessary !!!

[Jetmek_03052]

https://storage.courtlistener.com/recap/gov.uscourts.cacd.783923/gov.uscourts.cacd.783923.469.0.pdf

I do apologize if this has already been posted. But I just read through the entire thing and there is some really good information in this document!

[100lbStriper]

FrankFromYahoo
4:29 AM

$NLST We don’t know the motivation for Yoder departing from Samsung, but certainly there are some serious concerns at Samsung and/or Yoder regarding the BOC trial and its consequences. Take it for granted that they know that they have close to zero chance. People should read the joint file (with diverging views on when to hold the trial.) NLST indicated acceptance of only 1 week later (first week of April) and although I am a biased shareholder, the arguments provided by NLST are compelling. As NLST highlights: it is only about a contract written under NY law, a clause (6.2) and few files and witnesses regarding extrinsic evidence. And: Yoder was not alone. And: Scarsi certainly remembers the sudden severe Covid and sudden gone Covid of Yoder. Point is: IF Samsung and Yoder were confident about the BOC and its consequences, they would have zero objections against the trial held on 26 March. Scarsi will make a quick decision - maybe already right at the conference on Monday.

[100lbStriper]

nice buy !!!