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Sheasby was able to get Stone to agree that PDA mode will allow only one device to respond. So, I have a ton more notes from Stone’s testimony, but probably better to get to the afternoon. I can summarize the rest of s Stone’s testimony with Sheasby got him to eventually agree I feel every position or statement he made. I say eventually, because sometimes Stone would disagree, and Sheasby would have home read his own deposition, and then re-ask him the same question until he agreed. That’s why I posted that Sheasby is worth every penny at the lunch break. I’ll probably start a new post for the afternoon session.
Now Sheasby focused on claim 16. He said that claim 16 was a “comprising “ claim and that comprising claims are very important in patents. To meet a comprising claim, you must have everything, however you can have more. The more is irrelevant. Sheasby said claim 16 was also an “apparatus “ claim. Meaning if the function is there, it infringes even if not used. Sheasby got Stone to agree to everything he said-eventually, but when he brought up the apparatus question, Microns objected. Gilstrap asked for Sheasby’s response to the objection, and Sheasby responded that he was about to impeach the witness. Gilstrap called the attorneys to the bench for a while, then we resumed. Sheasby continued with both the 417 and 912 asserted claims were apparatus claims and comprising claims. Sheasby said all accused products have a register, phase lock loop, and a logic element. Stone agreed. (Con’t)
I’m not proofreading these, so apologies for any typos or fat fingering. Defense finished with Stone, and Sheasby began the cross. Sheasby said someone could be a good generalist but not a specialist, and gave the analogy of not taking a child with a broken leg to a pediatrician- but instead an orthopedic surgeon. He likened Stone to a Pediatrician, and pointed out he doesn’t specialize in digital memory and code. Sheasby said digital chips have source codes-RTL. Sheasby said Dr Stone didn’t know what RCDs were used in Micron’s products at the time of his report. He challenged Stone that the case was in part about RCDs. Stone conceded that at least in part. That’s when Sheaby exposed Stone didn’t examine the source code. Sheasby pointed out that Stone was never part of JEDEC or took part. He asked Stone if he ever asked Micron for the source code. He had a very long pause- than answered no. (Con’t)
Then Stone showed the different modes that the DIMMs could be configured. Direct DualCS for two ranks, and both Direct QuadCS and Encoded QuadCS for four ranks. He said two rank modules can’t infringe. Then they went to the 417 patent and discussed the overall latencies. This was in-depth a technical, so to cut to the chase - Sheasby countered this by revealing (just as in the Samsung case), Dr. Stone never once examined the source code. There- I saved everyone the headache of my Overall CAS latency notes. Then Stone went on to say that Micron had alternatives to Netlist patents such as eliminating the PDA mode all together. PDA mode helps tune the module, so Micron could help tighten tolerances in respect to VREFDQ for individual DRAMS, or they could reduce the variations for the DRAM. For the 417, he said that Micron could go to an alternative latency configuration (con’t)
prime311
Yesterday 9:58 PM
$NLST Okay, I took more notes today than yesterday. I will try not to be redundant with what Rob via Joe has posted. However, seeing I have to head back to Houston at the lunch break tomorrow, I might not be able to do notes until the weekend (a lot of family stuff to attend). I saw Joe posted that the day started with Smith, but that was when we came back from lunch. However, he already posted about Dr Stone at lunch. Seeing I haven’t posted any notes yet, I’ll start with the morning. We started, and Sheasby immediately rested the plaintiff’s case. Micron took over and called Dr Stone. For the 912, Stone said that Micron’s products send commands to multiple memories, but not to single memories. Then discussed PDA mode. PDA stands for “per DRAM addressability”. Stone said that PDA does not allow a signal to be sent to only one DRAM. He said it goes through at least two devices, and does on both LRDIMM and RDIMM (continued in comments )
https://stocktwits.com/prime311/message/573980812
samcum did the same thing, but micrap had much less of a defense as in none. either today or tomorrow we find out the numbers, but i have no doubt we won.
Rob update
$NLST okay Rob update! Day started with Scott Smith from Micron. He spent about an hour just like Samsung did talking about all the wonderful things that Micron did the history of the company all of his accomplishments, the number of employees they have, he pointed out that they are not a South Korean company and they are an American company.
He tried to bolster Stones opinions and tried to say that transfers are multiple into drams. Of course we know and the jury knew from yesterday when Jason cross-examined that stone admitted otherwise except for one point which the jury will have to decide.
Then Jason started his cross examination and in Rob's opinion he again destroyed Scott Smith the same way he destroyed Stone. Jason pointed out to him that he doesn't build the chips anyway just the drams. Jason also pointed out to the jury that Netlist is also an American company. Again Rob stated that in his opinion he just tore him up.
At the end Jason shook his hand like no hard feelings when he walked over.
Next up was Matthew Lynd. He is the damages expert for Micron just like in the Samsung case who had to come up with their numbers. Basically he is saying okay we ifringed we just want to haggle over the price. He came up with a lowball as laughable as Samsung did. For the 912 patent he came up with 38 cents per unit or $2,995,705 on 52,773,000 units.
For the 417 patent he came up with $27,637 which is 0284 since per unit on 973,721 units. Rob said that in his opinion Matthew Lynd comes off as a very bland speaker. Not that that's either here nor there just to give you his persona.
Jason told Judge Gilstrap that he would need an hour with Matthew Lynd first thing in the morning for cross examination!
If everyone recalls Samsung attempted the same thing and it's such a foolish strategy. These jurors are not stupid and they know what this stuff is worth especially after attending the trial and all the evidence. This last part is just my opinion and I believe Rob agrees with this as well.
As far as the dispute about the Western District of Texas Micron tried to tell the jury they wanted to negotiate with Netlist. However, Jason let the jury know that they tried to negotiate for a year. they sent them a letter April 20th of 2021 and did not even file until 2022. Micron had refused to negotiate a license.
Another important point to note is that Rob said they are trying to get this finished tomorrow! Let's manage expectations on this. If it happens great but if it doesn't it will get finished Friday so we know it will be done by the weekend.
Rob thinks this case has gone even better than the Samsung case. Of course that's his opinion but he is usually spot on. This is in regard to body language and jury reactions, note taking, etc.
https://www.reddit.com/r/NLST/comments/1cyg547/rob_update/
roger that.
no like I said i play them the way the market takes them.
nlst
Stokd NLST Please don't joke regarding court docs/judicial notices or anything else being filed, especially by defendants/infringers... it's misleading and can have implications for others. Sarkar20's post below is inaccurate, no judicial notice filed.
There was an order by Judge Scarsi in BOC case, housekeeping post trial.
Key ones relevant now—some pertain to trial.
1-"Plaintiff Netlist applied ex parte for an order precluding Defendant Samsung from using a recently produced translation of a trial exhibit. For the reasons provided by Netlist and stated in the trial record, the application is granted."
2-"Finally, Netlist filed an application to seal a notice memorializing purportedly IMPROPER CONDUCT TOWARDS THE JURY FOREPERSON BY INDIVIDUALS AFFILIATED WITH SAMSUNG after the conclusion of trial, and Samsung filed an application to seal its response thereto"
Samsung keeps proving they are scum, and now want to seal/hide it from the public... too bad, sealing is denied!
https://sih-st-charts.stocktwits-cdn.com/production/original_573956484.png
https://storage.courtlistener.com/recap/gov.uscourts.cacd.783923/gov.uscourts.cacd.783923.574.0.pdf
i agree with you but i know you just dont arrogantly try and short a winner into the ground !!!
I think I heard that Micron had 7 hours of testimony to give, and I think they started their case this afternoon. If that's true, the Jury will probably be handed the case at the end of the court session tomorrow. So I suppose a verdict could come out as soon as tomorrow evening. I expect it will certainly be heard by sometime on Friday at the latest.
My bet is that it will spike with the news of a win. But then fall back down, when it's realized that Micron will follow Samsung's example and not pay Netlist a dime, until after the appeal trial is over.
dinner time, after hours court reports later..........
tactful shorting and arrogant shorting are two different things!!!
Well thats about as close as we can get to $2.00 lol
not bad considering the markect are all down.
and here we go !!!!!!!!!! lol !! 2 is up
would like that but it sure is getting stacked on the ask right now.
BolliverShagnasty
8m
$NLST Half a Billion Dollars for Micron on the 912 and 417 and Half a Billion for Samsung on the 6 patent case then Samsung does twice what Micron does on the 912 and 417 so Sammy probably looking at an easy Billion for the 912 417 Then Micron on the 6 patent case another 200 Million.
When these ED TX cases are finished Micron and Samsung will be on the hgook for somewhere around 1.7 billion plus forward royalties if these per unit numbers hold up in the Micron case.
All this for just a few years infringement.
Next up Google in Ca
and
Google and Samsung in Delaware
and
then we also will find out whats going to happen with the Western District of Texas case.
BILLIONS is no longer a maybe. It's on the table!!
Netlist Prevails in Federal Court Against Samsung
Press Release | 05/20/2024
Samsung Materially Breached Agreement and No Longer Has Patent License
Netlist, Inc. (OTCQB:NLST) today announced that a jury verdict in the Federal District Court for the Central District of California found Samsung materially breached the Joint Development and License Agreement (the Agreement) signed by the parties in November 2015. Samsung is the largest memory manufacturer in the world, generating tens of billions of dollars in memory revenue annually.
C.K. Hong, Netlist's Chief Executive Officer, said, "We would like to thank the Jury for their diligence in this case. Their unanimous decision confirmed that Samsung breached the Agreement and no longer has a license to Netlist's patent portfolio. We are committed to protecting our intellectual property and extending licenses which fairly compensate Netlist and its shareholders."
About Netlist
Netlist is a leading innovator in memory and storage solutions, pushing the boundaries of technology to deliver unparalleled performance and reliability. With a rich portfolio of patented technologies, Netlist has consistently driven innovation in the field of cutting-edge enterprise memory and storage, empowering businesses and industries to thrive in the digital age. To learn more about Netlist, please visit www.netlist.com.
Looks like we're going to trade over a million shares today MM's trying to keep it below $2. It's a battle royal!
when your expert folds in front of a live jury.................... After this was finished Jason Sheasby started his cross examination of Dr Stone and each of the elements Stone referred to one by one. Jason made Stone reverse his position on each element. He made him admit on all of them except one and this one Jason referred to Mangione- Smith and his testimony the day before which showed Stone was incorrect but Stone still refused to admit so at this point Jason looked at the Jury and said we will have to refer this point to the Jury.
priceless........ and without a license.
wants to run now, just needs the inflow of buying.
New short interest report due in 2 days, on the 24th.
thxs
Report said 9.3 days. It came out 12 days ago....
I forget what the short interest report had listed, for days to cover. I'll go back and look....
NLST Rob Update Stone on the stand! Rob's observation "Jason tore him to pieces"
To set the stage,
Rob said that Dr Stone started off and spoke for 1.5 to 2 hours on several elements of the 912 and why Micron didn't infringe.
After this was finished Jason Sheasby started his cross examination of Dr Stone and each of the elements Stone referred to one by one. Jason made Stone reverse his position on each element. He made him admit on all of them except one and this one Jason referred to Mangione- Smith and his testimony the day before which showed Stone was incorrect but Stone still refused to admit so at this point Jason looked at the Jury and said we will have to refer this point to the Jury.
All in all Rob said Jason absolutely destroyed Stone. It wasn't even close.
Rob's quote "He tore him to pieces"!
Next up was the 417 and wording is very important. Claim language and Judge Gilstraps Claim construction say "READ OR WRITE" and Dr Stone is trying to change it to "Read and Write". You know Micron expert changing the claim language is not going to fly!
One other observation is Dr Stone made Jason repeat the question probably 40 times at various stages.
Not a good look for Micron.
https://www.reddit.com/r/NLST/comments/1cy6efx/rob_update_stone_on_the_stand/?utm_source=share&utm_medium=web3x&utm_name=web3xcss&utm_term=1&utm_content=share_button
NLST We’re at lunch now. Rob is talking to Joe, so should see an update soon. Sheasby rested his case. Been Stone on the stand all morning. Sheasby is worth every penny on the cross examination. Will give more details later
https://stocktwits.com/prime311/message/573906083
NLST JS is doing his thing! He just finished his cross exam of Dr Stone (MU expert witness) and effectively ripped his testimony in chief to shreds! MU will get a chance to repair but I don’t think it’s possible.
Looks like the jury is also about to hear of MU’s cases against NLST in Iowa this afternoon too, but Judge isn’t real happy with either side on allowing it into this case.
Overall last 2 days have been A*+ for NLST! MU really doesn’t have much to argue so it’ll be interesting where they go after their expert got destroyed!
Dr Stone even called MU’s chief engineer out on his knowledge of their own products????
https://stocktwits.com/gfmartini/message/573904882
Super light volume, in light of what is being reported from the courtroom. Wait until the verdict comes out. It will likely spike up and then the manipulators will attempt to drive it back down. They really do have a strangle hold on this thing. Once the CAFC overturns the PTAB on the Micron 912 patent ruling, they won't be able to suppress it. It's a while away but there's almost no doubt of it. WE know that when (not if) Micron loses this trial, there will almost surely be an appeal. So, more wait. But it is all coming to a head.
the fire has started, all the scorching remains to be seen soon !!! lol !!!
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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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