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Stokd $NLST Netlist filed their opposition to Samsung's renewed stay motion in the 463 case—whose $303mil win is now in post trial awaiting a ruling on Samsung's JMOL and Netlist's Ongoing Royalty.
Unfortunately, after updating (careful⚠️) Recap few weeks ago—which allows me to make any doc I pay for publicly accessible—it has not worked once. When I first downloaded it took a month to work, so perhaps it takes some time, but for now I can't make it accessible and link for others.
Some have posted parts already, I'll post the Introduction, maybe others can fill in the rest of the pages...Doc 598. 🙏🏼🍻🙏🏼
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NLST Reading the latest court doc (opposed motion to stay from JS) and love this part......
"Indefinitely delaying the enforcement of the jury’s findings in favor of the PTAB proceedings at this point would be unjust and inefficient. Once the remaining two motions in this case are resolved, Samsung can appeal the jury’s verdict to the Federal Circuit just as Netlist plans to appeal the PTAB’s
findings of invalidity. At that point, the Federal Circuit will be able to decide the outstanding issues in each case with the benefit of the full record from both actions should it so choose..."
robcobb
26m
$NLST I have been going to all the hearings ,pre trials,Samsung trial and soon to be Micron trial for around two years now.Everything I have witnessed with Judge Gilstrap is that he tries to maneuver all the litigation in a way (fairly to both sides)where the jury after (hearing all the experts and evidence)has to make the decision on whether the patents have been infringed or not,and does not like to stay a case. His time is to precious with all the cases on his calendar!I have said in the past I think Judge Gilstrap is an honorable man and I stand by that! I think not severing the 912 (after the ptab ruling)from the 294 case proves that along with many other rulings he has made over the course of the Nlst cases! I am getting very anxious about attending the Micron trial on May 20 and will report to the best of my ability,along with Bolliver ,and maybe Prime 311.I think we will give a good picture of what happens! Hopefully some enlightenment from Chuck tomorrow.
NLST For DD: The word Daubert has been mentioned as one of the reason why the stay is denied.
The “Daubert Standard” provides a systematic framework for a trial court judge to assess the reliability and relevance of expert witness testimony before it is presented to a jury. Established in the 1993 U.S. Supreme Court case Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993), this standard transformed the landscape of expert testimony by placing the responsibility on trial judges to act as "gatekeepers" of scientific evidence.
Stokd
33m
$NLST 🔥🔥🔥 Gilstrap DENIED Micron's motion to Stay or Sever the 912 in the 294 case and firmly SET trial for May 20!!!
Micron... your train has arrived!!!
Link to full doc below---4 pages worth a read. https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.112.0.pdf
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"Micron is to secure a replacement expert with sufficient qualifications who will wholly adopt each of Dr. Stone’s reports and opinions who will testify in person during the May 20, 2024 trial setting by “stepping into the shoes” of Dr. Stone. The Court made it clear during the telephonic hearing on April 23, 2024, that in no event would the Court allow the retention by Micron of a new technical expert who would not wholly adopt and be limited to Dr. Stone’s opinions and reports. Said another way, the Court made it clear that Micron would not be allowed to conduct new technical testing and analysis via a replacement expert for Dr. Stone"
1. Motion for Continuance (Dkt. No. 101) -> " In sum, Micron will proceed with Dr. Stone as a live witness, or it will replace Dr. Stone with another expert who will wholly adopt—and be limited to—Dr. Stone’s opinions and reports; and it must do one or the other in time to go forward with trial on May 20, 2024"
2. Motion to Stay or, Alternatively, Sever and Stay the Asserted ’912 Patent, in View of Final Written Decision of Invalidity (Dkt. No. 93) -> Consequently, the Motion to Stay or, Alternatively, Sever and Stay the Asserted ’912 Patent (Dkt. No. 93) is DENIED.
yes you are correct i got them mixed up being in the same column and stuff, yes its that 136 that has the ptab validated stuff. which now makes me think those idiots at micron get pslab to re review it by then and make them unpatentable. not being negative either. i can already see the delays coming, just wondering how far they go this time ? i dont even want to watch this trainwreck anymore lol !!!
YAY!!!
It looks as if Gilstrap is the Judge to me. Not to you? On the 00628 docket, he's been assigned the case.....
https://www.courtlistener.com/docket/68114488/netlist-inc-v-micron-technology-inc/
It's the 00134/00136 merged cases that have not been assigned a Judge yet. It is on Stokd's chart, but just ABOVE the 00628 case....
Case 2:22-cv-00294-JRG Document 112 Filed 04/24/24
https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.112.0.pdf
Further, in light of Dr. Stone’s family emergency (as addressed in the declarations filed under seal herein), the Court directed Micron to either arrange for Dr. Stone to be present and testify in person during the May 20, 2024 trial setting or, if he elects to withdraw from Micron’s trial team, Micron is to secure a replacement expert with sufficient qualifications who will wholly adopt each of Dr. Stone’s reports and opinions who will testify in person during the May 20, 2024 trial setting by “stepping into the shoes” of Dr. Stone.
The Court made it clear during the telephonic hearing on April 23, 2024, that in no event would the Court allow the retention by Micron of a new technical expert who would not wholly adopt and be limited to Dr. Stone’s opinions and reports. Said another way, the Court made it clear that Micron would not be allowed to conduct new technical testing and analysis via a replacement expert for Dr. Stone. The costs, delays, and related negative ramifications of such will not be accepted by the Court. In sum, Micron will proceed with Dr. Stone as a live witness, or it will replace Dr. Stone with another expert who will wholly adopt—and be limited to—Dr. Stone’s opinions and reports; and it must do one or the other in time to go forward with trial on May 20, 2024.
Father would jump at the sound of loud thunder. Reminders of those German 88s falling nearby.
Am very confident too. Licensing is the big issue, but also what was gained had the infringers not had the IP to begin with.
Good time to pad the position if one can. Does not get any better than this.
$NLST baby~!
correction, 628 case. the one with all the ptab VALIDATED claims and no judge, sorry for the confusion...
yes but thats for the 608 case, which is ready to go, just needs a judge and then 3 days before the trial date they'll have a reason to delay it, yeah man the american dream!!!! excuse me while i kiss the sky........
New litigation chart (04/23) courtesy of Stokd
yup, i'm waiting on the next excuse as i type......and they seem to be getting more elaborate every time. enough is enough......
TOMKiLA
47m
$NLST Here is the increase in GB of hbm in 2024 and 2025!
Remember that netlist got $16 per unit of stolen hbm and each hbm has on average 8/16 gb.
So the data to use is 1 or 2$ per GB.
In 2024 alone, 1.2 billion GB HBM is expected.
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Stokd $NLST ***Our ever-changing landscape***
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Stokd $NLST We got the minutes from today's Scheduling/Management Conference in the Micron 628 case.
"Minute Entry for proceedings held before District Judge Rodney Gilstrap: Scheduling Conference/Case Management Conference held on 4/23/2024 from 02:01 PM to 02:09 PM. Counsel for the parties appeared and were asked by the Court if any modifications needed to be made to the Discovery Order and/or Docket Control Order and whether there was a need for the entry of a Protective Order. Counsel to notify the Court within three business days of the name of an agreed upon mediator. If no agreement is reached, the Court will appoint a mediator. Docket Control Order: Court modified (1) Defendant designate expert witnesses from March 31, 2025 to April 7, 2025; and (2) Deadline to file motions to compel from March 31, 2025 to April 7, 2025. The parties to submit a proposed Discovery Order and joint Protective Order for the Court's consideration within three business days."
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I been hearing that same thing for almost 6 yrs now I hope your right this time.
As far as Judge Gilstrap making sure they give Samsung and Micron no reason to win an appeal as Stokd keeps saying, well I say Bullshit time to hold their feet to the fire no more delays...... anyone thinks (Stokd included) that giving Micron 30 more dyas will stop them from trying something else when the 30 days is up hasn't been watching this progress for the last 10 yrs. all mho
gm gdog, you dont have to be sorry your not the one who has to show responsibility and face the music !
$NLST snagged another 500 between 1.33 and 1.26. me thinks micron will settle between now and june. the amount of delays is without excuse unless of course something else is taking place behind the scenes. IMO
i'm not the gullible type but it sure fooled me. this is criminal as far as i am concerned. wheres the balance ? i got covid, i had a stroke, my witness's wife is dying. it has now come to my attention that they really dont ever have to go to court. i wonder what the next excuse will be..........
ok you got a deal but no lawyers !!!
Stokd
56m
$NLST The minutes from the Micron 294 case Telephone Conference were released. And I would caution relying to much on the new date of May 20th, of course I hope it sticks but Gilstrap's wording—"intends to continue"—is different from just continued and reset.
Meaning, IMO, they set a tentative date in hopes that things can get worked out by then, but it is not definitive... only intended and reset for now. Just want to avoid any more needles volatility in price action and with emotions.
"Minute Entry for proceedings held before District Judge Rodney Gilstrap: Telephonic Conference held on 4/23/2024. Court opened and counsel were identified. Discussion held re: Dkt. No. 101 and responsive filings thereto. Court intends to continue case from its April 29, 2024 trial setting to be reset for the week of May 20, 2024."
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robcobb
5:28 PM
$NLST It seems to me there is no end to what the big three will do to delay the inevitable.First we have Yoder with his mild stroke ,and now an expert witness wife’s illness in the Micron trial to delay a trial or trials. I don’t know about everyone but it just makes my conviction stronger when I see things like these taking place !It just tells me how desperate they are ,to use these tactics! I was on the call and couldn’t believe my ears that Judge Gilstrap gave in,not that I don’t have compassion for Dr.Stones wife,but Nlst needs justice and it is time for that to take place! I am not sure when the Micron trial will take place ,but I will be there when it does.
maybe so ! but i will be taking that long hiatus from this pos pc i was telling you about. but nothing i ever bet on again will have anything to do with litigation!!!
Stokd
3m
$NLST Remember that anything we win—patents/trials—needs to hold up on appeal. You really want Gilstrap to be tough on Micron by allowing trial to proceed regardless of issues with their key expert witness? Whether they're unprepared or can’t find a replacement and have to go with previous deposition testimony… anything that may cause the CAFC to reach a conclusion that Gilstrap erred or the defendant didn’t have a fair trial or was denied due process, is exactly what we want to avoid.
Gilstrap knows it and so does Sheasby. So think this through, take a broad perspective, and realize that it doesn't matter how this went down or the specifics regarding how Micron and the witness played this... it needs to be handled with a future appeal in mind. SO... my perspective is that I am glad cool heads prevailed and Gilstrap/Sheasby are giving reasonable allowances to Micron. While it sounds like some here would have trampled on Micron's rights only to see any win evaporate on appeal.
microby
7m
I consider Stone to have a lot of integrity. one of his statements regarding Samsung's '160 invalidate bullshit,
HBM would never run with Wolfe's idea of combining existing circuits
„….. I don’t think you can build that….“
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i'm just glad this will be the last litigation play i will ever be involved in. fair enough ?
Stokd
3m
$NLST Folks need to understand the difference between delay vs stay. Stay of a case would be pending CAFC appeal of IPR decision of invalidity, but a delay is simply predicated on any number of reason and is limited.
The reason is, infringers want the CAFC to affirm PTAB's invalidation so the case/trial never resumes... that is not going to happen in this case or any other case I believe. The only case further from trial is Micron WD, but includes PTAB validated patents, and even if Micron's IPR CAFC appeals on those patents concludes before trial, it is very doubtful the CAFC reverses validation on all, if any.
Stay is much worse than a delay, and Gilstrap indicated he does not intend to stay the case/trial. So while I can understand the frustration, I believe many emotions are misguided—and the stock did come all the way back to even today—which shows sentiment and thesis is intact.
i agree 100% except for this, ''It's getting fairly ridiculous.'' it already is beyond ridiculous.
It certainly seems that Samsung and Micron are able to manipulate this court in anyway and at any time they want to.
I'd love to see Gilstrap put a stop it. But then again, if there is ANYTHING available for Micron to use as grounds for an appeal, they'd certainly take advantage of it. There has been LOTS of delays but this is merely just three more weeks.
At some point though, Gilstrap will get angry and simply say no, to any more excuses for further delays.
It's getting fairly ridiculous.
Stokd
3m
$NLST One more thing to keep in mind—it is not good for Micron to lose one of their main expert witnesses—their council and case must be in chaos right now. Though the delay also affects us, the situation/circumstances are much more detrimental to Micron. So keep perspective and focus on the negative aspects this presents to Micron, and not the limited delay we will experience. As I mentioned in my previous post, there is plenty of litigation and trials to get to, and given the unprecedented circumstances which are not of Netlist's making, something positive can come out of this. Remember that timing has a lot to do with how things play out, and we cannot at this time determine if it is ultimately favorable or not... despite how we feel about it as investors and having waited beyond our patience threshold.
i'm hearing 27 days, may 20th now. this is bs and they will try another bs move between now and then. anyone want to bet ?
Stokd
8m
$NLST The good news is we now know Gilstrap is against a stay for this trial, which includes the 912, which was invalidated by PTAB. Meaning he will not stay the Samsung 293 case trial on the same patents, and it looks more like he may proceed to trial on the Micron 203 case—given he seems to not want to stay after PTAB invalidation, and if he intended to stay he would have already as the 060/160 IPR decisions came in Apr 1st.
So maybe he schedules another trial while we wait for things to get figured out in 294 case. Let things unfold, there is plenty going on for Netlist, and with Gilstrap on the side of Netlist having their day in court and getting justice, I think he's going to do us right.
Yeah. I kind of suspected it would be another delay. Stokd over on the other board said there has been no trial date set tho. For what it's worth....
Stokd
15m
$NLST Obvious someone didn't want investors to know what happens on the call and how it's resolved/moving forward, as the call progressed interference got worse where nothing could be heard… deliberate.
Not sure many grasped exactly what was said and occurred... and we never heard the rest of the call thanks to manipulation.
It's not the worst scenario, but to set the record straight, what I heard is Gilstrap nor the parties agreed to trial date of May 20th, Gilstrap only said it's his next available date for trial. Issue is that IF Micron can get their witness to still be available, the 20th may work, but if not, they will need much more time to find another witness and adopt the expert reports from the witness who can’t attend. Gilstrap is against a stay, but little control over circumstances, which need to play out.
MEANING — there is no trial date set yet, we don’t know when things will be figured out, and are awaiting Gilstrap’s word/order/scheduling on how things proceed forward.
Yes I agree its not like she just came down with this disease today. Its unbelieveable the her husdband would do something like this.
Heck I been waitng over five yrs and have seen this happen to everytrial date thats been set before so nothing new to me.
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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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