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7-12-24 $NLST *Netlist's Current Litigation Chart*
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NLST Article out today — 'Micron’s $445 Million Patent Suit Loss Backed by Texas Judge'
"A Texas judge solidified a $445 million jury verdict against Micron Technology Inc. for infringing Netlist Inc.’s semiconductor patents, deciding not to wait for a decision on the patents’ validity from an administrative tribunal.
Micron and its units Micron Technology Texas LLC and Micron Semiconductor Products Inc. willfully infringed US Patent Nos. 7,619,912 and 11,093,417, according to a final judgment filed Thursday in the US District Court for the Eastern District of Texas. Judge Rodney Gilstrap agreed with the May jury verdict but ruled Micron’s actions don’t warrant enhanced damages.
Netlist sued Micron in August 2022 alleging the company’s ..."
https://news.bloomberglaw.com/ip-law/microns-445-million-patent-suit-loss-backed-by-texas-judge
Mountains? Hmm.
I was just going over Gilstrap's final ruling in the #00294 case.
He outlined the following:
Pursuant to 35 U.S.C. § 284 and Supreme Court guidance that “prejudgment interest should ordinarily be awarded absent some justification for withholding such an award,” the Court awards pre-judgment interest applicable to all sums awarded herein, calculated at the 5-year U.S. Treasury Bill rate, compounded quarterly, from the date of infringement through the date of entry of this Judgment; Pursuant to 28 U.S.C. § 1961, the Court awards post-judgment interest applicable to all sums awarded herein, at the statutory rate, from the date of entry of this Judgment until paid.
So - we can figure out "prejudgment interest":
912 Patent - Jury award of $425M
The original complaint in this case specified that Micron "had actual knowledge of the 912 patent no later than 04/28/21" (Doc #1, Page 6, Paragraph 20). From that date up until Gilstrap's final ruling means that the period of infringement for the 912 patent was approximately 39 months.
417 Patent - Jury award of $20M
The 417 patent was added in document 11 of the case (in an amendment to the original complaint - filed on 08/15/22). That amended complaint states that Micron had actual knowledge of the 417 patent no later than the date of the amended complaint. This means that the 417 infringement period for the 417 patent was approximately 23 months on the date of Gilstrap's final ruling.
I asked copilot to figure out the interest amount on the amounts given for each jury award:
For the 417 patent:
$NLST *** TAKE NOTE *** So Scamsung not only steals patents and then go to court on over 400 cases to try and bully and intimidate smaller companies, they WON’T even PAY their workers a fair wage. A completely Disgusting , Disgraceful company.
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NLST new application patent: 105 https://i.redd.it/dhdo52uqq2cd1.jpeg
BolliverShagnasty
6:24 AM
$NLST good morning netlist longs. I see people talking about ongoing royalties running royalties etc etc. Just like in the Samsung case just assume that's the number because that's what Jason argued as I recall as an ongoing royalty. Just take the number of pieces and divide by the award like the jury did and you get the per unit cost for licensing. Of course that's the number why would they even bother having the jury calculate it otherwise. Now we just need to wait for the cafc and in the meantime both Micron and Samsung will be racking up enormous liability. The day netlist announces they won at the cafc price will be huge. I'm going to work now have a good day!
i didnt do a final count, but i watched the ask get stacked on mm otcn on l2 for hundreds of thousands of shares. they did it 3 days in a row with yesterday being the largest. the first 2 days they kept us capped. yesterday some one or more took them out for everything they put up. short covering ? or does some one see extreme value at 1.35 plus ?
as far as getting paid goes, within 24 months as final judgement has been passed. cafc is next and the final decision is made. there are no more delays or appeals on the 294.
i hope you have a wonderful view up in those mountains. personally, i can space out in a setting like that and feel totally euphoric.......
Ok I am sitting here in the mountains of Zakopane Poland with slow connection. So what does this mean? Is NLST getting paid very soon? I need some big money to continue my travel in style 😅
that otcn ask is getting smacked and they just keep throwing more up on it. gotta luv it, cuz some one sure does.....
my man!!! closure within 24 months. whatever happens happens.........
https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.151.0_1.pdf
NLST The current Post Judgement Interest Rates as of 7/5/24
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we're all cool dog just bustin chops and havin a moment thats all. hek yeah its good news, but it aint great till cafc puts kathy in prison !!!
lol!!! i guess not cuz you aint watchin 100 other stocks right now !!! man that $1.35 pps is looking as ugly as it makes me feel.
multi billion dollar company we are hahahhahha yeah were gonna get some alright, one of these days!!!!
Well it does sound like it doesn't it? I didn't mean it to sorry I meant no disrespect.
I want everyone here to make many$$$$$$$$$$$$
no way my brother, we love you. whatever happens happens.......... this is going to the final stage and we either dig the show or get pissed on. for better or worse its almost over...........
I can't help myself Papa lol rah rah nlst get some....
dude, i know the world sux at times, but at times if things just work like there supposed to it becomes a beautiful place. so i gotta rah rah cuz i believe!!!
Hey, ya'll mocking me?
Finalizing a case is good news, and we've been waiting for it, but the market doesn't seem to care (and the market gets the final word). The CAFC needs to re-validate the patents and then we should be off to the races. That should be the real rah rah moment.
PLUS INTEREST !!! 9. Pursuant to 35 U.S.C. § 284 and Supreme Court guidance that “prejudgment interest
should ordinarily be awarded absent some justification for withholding such an award,”
the Court awards pre-judgment interest applicable to all sums awarded herein,
calculated at the 5-year U.S. Treasury Bill rate, compounded quarterly, from the date
of infringement through the date of entry of this Judgment; 2 and
10. Pursuant to 28 U.S.C. § 1961, the Court awards post-judgment interest applicable to all
sums awarded herein, at the statutory rate, from the date of entry of this Judgment until
paid.
https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.151.0_1.pdf
were not supposed to rah rah but I can't help my self lol.
Case 2:22-cv-00294-JRG Document 151 Filed 07/11/24 Page 1 of 4 PageID #: 8083
https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.151.0_1.pdf
Stokd
22m
$NLST 🔥BOOM🔥
Gilstrap issued Final Judgment in Micron 294 case trial win!
Micron just got rejected with their opposition to Gilstrap — wanting him to withhold.
Affirms Jury verdict and perfectly coincides with the 912 being ready for CAFC apeal after denial of Director Review by USPTO/PTAB.
I'm still away and don't have the ability to make link public, if someone can do the honors or post all the pages.... there is much more in the 4 pg doc.
Few points:
"Netlist is the prevailing party in this case and shall recover its costs from Micron, and Netlist is directed to file its proposed Bill of Costs"
"Court awards pre-judgment interest applicable to all sums awarded herein"
"Court awards post-judgment interest applicable to all sums awarded herein"
https://stocktwits.com/Stokd/message/579182226
microby
46m
love the progress!
US-20240232105-A1
application
MEMORY MODULE PROVIDING DISTINCT SIGNALING INTERFACES VIA AN OPEN-DRAIN OUTPUT FOR DISTINCT OPERATIONS
should become a patent, there are already predecessors,
But 🔥 Lee 🔥 is still working on it!!! 🙏🍀🚀
One of the predecessors is '595,
You remember, together this patent was on the friendly letter 😉 (you have no license!) from summer 2020, with patent '523 and '218. so the starting point of the war with quammsssy🫣
greetings to you, Sonny!! 🤜
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LOVELY!!! progress.......lets get in on...........
Final Judgement out - Case #00294
Case 2:22-cv-00294-JRG Document 151 Filed 07/11/24
https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.151.0_1.pdf
On May 30, 2024, Netlist filed an opposed Motion Requesting Entry of Final Judgment.
(Dkt. No. 142.) Micron opposes the entry of Final Judgment. (Dkt. No. 147.)
Micron argues that Netlist’s motion is premature and unwarranted because Netlist did not include a proposed form of judgement in a separate document. (Id.) Further, Micron notes that the IPR of the ’417 Patent is still pending with the PTAB’s decision expected in August 2024.
Micron argues that the Court should wait to enter judgment until the PTAB’s decision issues so that the “full record” may be presented to the Federal Circuit all at the same time. (Id.) Further, Micron argues that Netlist is not entitled to prejudgment interest because Netlist did not propose any form of judgment and because Netlist exhibited undue delay in bringing its infringement suit. (Id. at 6-12.)
The Court finds that none of these are an appropriate basis to withhold entry of final judgment. The Motion Requesting Entry of Final Judgment (Dkt. No. 142) is GRANTED hereby.
30 days from now, I believe we can safely assume that Micron will file an appeal with the appellate court.
just a thought.......we got plenty of time and we're tired of waiting. i think we can all share that to some degree.............
bluesuit55
9:35 AM
$NLST Remember our existing relationship/partnership with SK Hynix. As others have pointed out at some point our 4/5/21 (5 year) agreement will be renegotiated. Perhaps that’s also a factor in the eventual dominos to drop ??
https://investors.netlist.com/websites/netlist/English/2120/us-press-release.html?airportNewsID=0c16acc5-9a69-4028-a99a-40df99fcf759
https://www.otcmarkets.com/filing/html?id=14856702&guid=UAO-kaYBuowfJth
https://netlist.com/products/sk-hynix/
Samsung on indefinite strike~? WOW~!
The #1 chip maker is going to start feeling it soon.
robcobb
6:27 AM
$NLST I know I am probably pissing in the wind,but when Judge Gilstrap moved the Aug 19 date for the Samsung 293 trial to Sept.9 that could have freed up a week to drop the Micron 203 trial into that has been ready for trial for months!Judge Gilstrap probably had another backup for that week,but we don’t know that.There are many decisions that Judge Gilstrap could make between now and Sept.9. I always expect the unexpected from him,he is truly his own man! I am ready for any decision Judge Gilstrap makes because I believe him to be a good man! I am ready for another trip to Marshall Tx. This retired man is starting to get a little bored.I need a little excitement! Watching Samsung and Micron squirm in the courtroom does it for me!GLL
yup, time to move forward.
Vidal's PTO office denies request for re-hearing of the 912 Patent PTAB ruling.
https://ptacts.uspto.gov/ptacts/public-informations/petitions/1549198/download-documents?artifactId=ThF3gQiTsbi3WdeXAQP2xJpqoCTbu6OnopcZObUUVuUE3C3Y4d0ed0U
Vidal has recused herself, so this denial was performed by her second in command (Derrick Brent).
Now Gilstrap can act and NLST can appeal to the CAFC. Let's get the clock started on this thing!
rah rah, its all up to cafc now. then we can pick up our toys and go home. closure, both good or bad is good for the soul........... amen.............
Stokd $NLST I see I missed this—traveling with people and spotty reception—it dropped right before market close.
Well, we expected denial of the claim 16/912 Director Review—even though Vidal recused herself—and at least it bought us some time for Gilstrap to finalize the 912 trial verdict so our CACF appeal of PTAB’s IPR decision and Micron’s CAFC appeal of 912 trial verdict can be heard/taken together.
The ball is in Gilstrap’s hands now….awaiting final judgment. I believe that he understands the implications and will ensure proper justice by getting it done by the time we initiate appeal—we have some time to kill as well without the need to file urgently.
https://ptacts.uspto.gov/ptacts/public-informations/petitions/1549198/download-documents?artifactId=ThF3gQiTsbi3WdeXAQP2xJpqoCTbu6OnopcZObUUVuUE3C3Y4d0ed0U
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IPR2022-00615 - Samsung Electronics Co., Ltd et al. v. Netlist, Inc.
https://portal.unifiedpatents.com/ptab/case/IPR2022-00615
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''gentlemen, who came in?''..........
duly noted and understood, but i prefer to rah rah. why, because if i didnt feel positive pertaining to owning this stock i would sell it and not be concerned with it. so if we do happen to get it stuck up where the sun doesnt shine, i'll pick up the pieces and find another pos to try it all over again.........
$100 plus pps ???? please.....
$NLST This is really not a slam or a trick question, I am trying to reconcile how we could have won over a billion in damages and now have royalty revenue streams and licensing going forward and this stock has not gone up. Those wins can't be baked into the price at this point. And yes I understand we have not gotten all of the money only the HK award have we been able to take advantage of so far.
Samsung & Micron have challenged patents at the Patent Trial Appeal Board (PTAB). The PTAB is the scourge of small inventors where larger companies take advantage of the system.
The PTAB said nearly all NLST's most important patents were obvious based on some dubious older patents. They say, "if you take this patent, add it to that patent, mix it with a third patent.....then Netlist patents would have been obvious."
As a result, the patents were deemed invalid. NLST is appealing & the court of appeals (CAFC) previously had to defer to this non-judicial, administrative arm of gov't, agreeing with them 90% of the time.
Enter the recent SCOTUS decision called "Chevron Deference." The judiciary (CAFC) does not have to defer to administrative agencies. Now, we've won patents trials (in district court) with important NLST patents.
The positive outcomes of the our district trials will carry more weight than the PTAB decisions. And we don't need to win them all to receive large sums.
We have been making progress but are in limbo.
The actual point of the trials is to bring Samsung and Micron to the table to negotiate the use of their patents. Patents that are essential to producing DRAM (DDR3 DDR4, DDR5) and HBM (use extensively in artificial intelligence).
As an example, look at the SK Hynix deal. It was a result of Hynix seeing the potential losses in Texas trials, they came to the table. The stock subsequently went to $10.
Samsung and Micron need to do the same. And eventually, NLST wants all DRAM makers to license their CXL technology called HybriDimm. It will be essential to Edge Computing due to its cost advantages.
The other court case is with Google. They stole NLST technology in 2007 and has been using it for 17 years while NLST technology has been challenged in at the patent office.
They could owe NLST 10's of $ Billions. But the system has been abused in not giving NLST day of justice. It will happen, and will be helped by Chevron Deference.
https://stocktwits.com/HeyU2001/message/579072907
Well, I'm glad we didn't upgrade. Who wants to ride the tech boom when we can be stuck in the mid, low 1s losing cash while waiting...oh... the possibly 2 more years as just mentioned instead of being on the big board being seen by lots and lots of money.
Who doesn't like fighting the corrupt court system and equally corrupt big companies trying to squash the little guy with the numerous continuances the courts are giving them. All while doing nothing but languishing on the OTC.
Good job chuck. Way to look out for your SHers.
Gentlemen...I'll have you know there never been a gentleman ever in my family.
Gentlemen, gentlemen. I take it neither of you believe the idea of 'the market is always right'? We are trading at $1.33 despite having over a billion dollars in court wins including interest, and more to come. So why are we below $1.50? The 'market' must not believe it's going to happen. Maybe the market thinks our patents will remain invalid? Could the market have inside info on the CAFC? Just about all the winnings depend on the CAFC re-validating Netlist patents. If they don't, it's OVER. We, as knowledgeable investors who have seen the back and forth with the patents, believe the CAFC will do the right thing. But WE don't KNOW. That's the only reason we're stuck in this pathetic mud. I appreciate all the info posted on this board, but too much rah-rah seems unmerited at this point. Just my humble opinion.
Now back to your regularly scheduled programming. Netlist to $100... someday.
No one woill be disappointed with in two yrs...
i better not be disappointed then lol !!!
as much as they are going to have to pay we won't need interest.
ok then, i'm counting on you knowing what your talking about. i'll be ready, one question though..........will we be paid interest?
lol they ghotta pay for themselves first ... then I'll let the dawgs out. coming soon. a win in the next couple months and they won't beable to hold it back any longer. mho
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