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Kennedy’s numbers were north of $500 million. So this verdict was about 80-85% of his estimate
The Samsung $303 million win was about 75% of the estimate of $400 million + , so we beat that case
Now to get paid…..and get some royalty agreements , then I could sleep with both eyes closed
Per Bolliver,s post on Reddit just now…
“Rob Update Stone on the Stand
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.”
Very well stated , and I feel the same way that you do .
The interminable court delays are just as criminal as the infringement by these bastard companies. I know some have held more than 10 years , and here I am getting impatient at “only” 3+ years.
While I think Netlist will eventually win , I have to constantly ask myself about the investability of a company that can’t monetize their IP because of a very broken US legal system and a pretty obstinant management team. I’m here for now , would like to stay loyal and maybe buy more than my 182k shares. But right now , I have to ask myself how do I add more investment here?
It’s a valid point , but it did not happen in the Samsung verdict last April. Those Texas jurors, a group of ordinary citizens were convinced overwhelmingly of Samsungs theft of Netlist tech. This in large part thanks to Netlist’s legal team who were able to explain in understandable terms the scope and breadth of Samsungs theft of Netlist patents . I wouldn’t worry too much about the jury, Jason Sheasby knows exactly how to present things in layman terms , regardless of the opposition legal team desperately trying to confuse .
This is a poorly written blatant FUD hit piece by a known basher.
Seeking Alpo issues these frequently usually just before major positive news events, in this case the upcoming Micron trial .
While many of us may be overly rosy, this article is pure , non transparent rubbish
I think the same.
In their opinion Netlist is just a zit on their balance sheet , although I think it’s a kinda big zit !
Indeed, nice to see it steadily climbing again.
Hoping no more major rug pulls or unanticipated negative events and we push back towards 3 ( or better)
In the article it says he has unloaded the 28,800 shares mentioned plus an additional 100,000 more earlier in the year .
For a total of 128,800 sold.
If true he’s now unloaded 50+ % ish of his Micron holdings
That seems significant, but could be lots of reasons for selling … the most significant bring that Micron stock is currently considered overvalued .
I’m with you on that . This endless cycle of lawsuits, motions, PTAB denials and gibberish has got to be a giant lead ball around the ankles of what could be a great corporation . Their entire identity is more identifiable by the lawsuits they’re in than the fantastic products they’ve come up with. Not trying to be overly critical, as I’m fully onboard with them defending themselves and their IP
But after 12-13 long years of this and tens of millions spent on legal costs, it seems like they’ve got to push one of these through in order to get up to the next level .
Chuck is getting old . Hell I’m getting old just waiting for something to happen that’s positive.
The next level meaning , a share price ( without further dilution , of $5- $10) which shareholders deserve after being gut punched countless times .
If Gail is a constant seller , it might be time for Chuck to speed up her retirement as the optics are terrible to all investors to have management consistently selling . I’ve never seen this in my 49 years of investing . Maybe pay her more so she doesn’t feel like she has to sell?
Agree. I’m not sure you can force any of these players to settle, but from an odds standpoint , Daylas has a point in that Micron would be the most logical .
Will they ? Who the heck knows. I remember when the SK Hynix thing happened and I don’t recall anyone seeing that happening .
I’m not counting on settlement either, they’ve been so obstinate up to this point , and Samsung’s arrogance just gives them more bravado to do the same .
I do think we will get some “ pop” out of any strongly worded orders from Gilstrap , whether or not they actually pay . I’d be happy also to see $3 and have that be the new bottom .
If only….
It’s funny how much we think alike.
Although this David vs Goliath story tends to pull me emotionally toward it , I try hard to balance those feelings against the reality that so far I’ve done nothing but watch my investment evaporate in this company .
I’ve had multiple chances to cash out way ahead and after careful research and soul searching continued to hold .
So far that has not been the wise course .
I don’t necessarily blame the company ( more myself) although I’d certainly like to see our management grow a pair and stop selling shares every quarter . And maybe communicate with shareholders about developments but it’s not this managements style .
At 65 I shouldn’t be invested in this kind of story stock , but like you I’ll probably hold unless and until they seem to have no prospects in monetizing their patents. I don’t think that story is anywhere near over though . My timeline is to see what developments occur between now and April , and then make a decision on whether or not they’ll ever see $ from any of the bastard infringers
Your concerns are reasonable , the “put ‘em out of business by delay” has been the game plan of all of the Big 3 all along.
So far they’ve been able to avoid this thanks to the Hynix settlement and dilution
We’re banking on current favorable outcomes in court cases with Micron or any type of settlement with them which may or not come.
I think they now end up in court with Micron who has nothing to lose but time , but eventually they come to their senses.
I also think there is a greater than 50% chance that Judge Gilstrap awards ongoing royalties in the near future . It’s not a slam dunk but seems logical to me.
Just my opinions, and I’m still holding , but like you , these damn PTAB decisions are trying to
I’m no legal expert but after 3 years of reading and going back and forth on this very issue my understanding is:
- the PTAB rulings have a lower standard of evidence than the circuit court rulings and verdicts in the case of trials
- because of this lower standard , circuit court rulings have a higher weight than PTAB
- this does not mean of course that PTAB rulings are meaningless. If we win them the odds of a quicker settlement go up significantly . If we lose them , it means settlements might be significantly postponed and we end up with appeals based on PTAB . This adds time to eventually getting resolution thru the courts . Which is why our pps is in the tank ….. the market hates uncertainties and long time lines
I don’t know if this helps you , but there’s lots of more knowledgeable folks on here and ST who will weigh in on this .
These PTAB decisions really, really suck because they literally make no sense given that the same government body that approved a patent , now , in almost 80% of the cases invalidates them when challenged by big pocket big tech .
They are not however the end of the road .
Netlist still has plenty of gas in the tank on all 3 of the big infringers.
Great post !
I sure hope you’re right , and the clues are compelling for your arguments.
There’s been so many unexpected twists and turns I’ve decided not to let my mind go there ( yet) as Samsung in particular is such a prick , and I still think our infringers legal teams would like nothing better to drag this out another 4 quarters to force Netlist to dilute again in order to survive.
I’m hopeful for settlements of course and would not surprise me either way .
I appreciate your positive well versed insights as always
Great point , and thanks for this re post
Why would there be a cancellation of needed expert testimony , as requested by Judge Payne himself ?
It’s very easy to let to my mind run on what this means , but I’ll temper those thoughts until we find out . There could be a simple explanation , or…. there I go again!
You betcha, eh?
We’re 20 miles north of the Mackinac Bridge , little town called Moran
All they’re doing is pissing off Gilstrap .
I don’t see this as a negative , they’re throwing Hail Marys , but the end zone is covered by Sheasby
If they do , I will buy you a case of your favorite beer and ship it to you along with some authentic Michigan Upper Peninsula Yooper jerky .
Deal?
Thanks for the reply , I hadn’t read the comments section ( I should have) , I had just read the article and shook my head at yet another obvious SA hit piece.
Believe me , at 60+ % down on my average , yet another shot at us is aggravating to say the least . I’m in the “ highly annoyed” phase right now , after 2-1/2 years of watching and holding this thing yo yo between .87 cents and 10 bucks I’m thinking I’m not very smart at all.
Hopeful we get some relief and some kind of move north as this $1 stuff is depressing!
Not at all, and it wasn’t a slam , sorry you took it that way . Seeking Alpha has a well known vendetta against Netlist and nearly all of their articles are slanted or missing facts. (Early on, they weren’t this way )
Obviously anyone us free to post anything they want here, and if you think SA posting articles about advocating shorting Netlist is relevant , have at it .
They truly are a rag. Their articles used to be somewhat fair and balanced. Now it seems to attract obviously paid or questionable authors with conveniently left out facts in many of their posts.
Their used to be a young guy, Jacob Braun who wrote balanced , fair stuff for them but he seems to have vanished . Now we’re stuck w paid shills posting crap.
The fact that we have a new poster here reposting bs shit from more than a week ago says it all. Funny he didn’t post the newest article pointing up the IPR wins from last Friday.
Old news
I read your post 3x to make sure I grasp what you’re thinking, very logical approach that weeds through all the negative clutter currently surrounding Netlist .
I agree with most , but concerned that Micron will get encouraged by Samsung’s successes in getting more and more costly delays instituted from both the courts and PTAB . Clearly Micron is different , having no license ever , but if they decide to play the long game ala Samsung , we’re looking at another dilutive event , and we saw what happened last time ( 5% dilution equated to a 30-40% drop)
I’d be good with almost any deal now to put a floor under / preventing another 40-50% drop . Struggling psychologically with 65% drop since September but all my DD points to likely the same outcomes with Micron that you posited.
I really appreciate your clear thinking and logical approach . Thanks for that
Yes I do . We touched 6 on the Samsung jury verdict and 10 after the Hynix settlement.
$10 is very doable IMO if we could just quit getting clobbered by news that the market over reacts to .
Agree on the conference calls, they’re usually underwhelming . I’m having a bit of a “crisis of confidence “ in the company right now after the last 6-7 weeks debacles.
Trying very hard to be positive, but pretty worn out by the relentless downward pressure . Holding , but tired. ( yeah, I know that’s exactly what the shorts want us to feel … really tired of the constant short BS too) Never been in a stock that was this complicated or difficult to hold.
Agree on all counts. I know Chuck has to be cautious and play close to the vest ( a good thing)
But with the 65% drop in pps since August you’d think he would at least put in play the few positives to us .
I know I sound critical ,and I’m sure there’s good reasons other than the fact that the CEO is a stoic behind the scenes type .
I’m not so sure on the settlement prospects that deporte has proposed …. I wish for it too, but these big boys are super pricks and seem to delay as long as possible. And I think the market is now firmly recognizing this, hence our sorry pps despite all the seeming good prospects.
Thanks for not running me out on a rail for being concerned about Netlists moves. I’m very long , and as a business owner myself would always try to keep my shareholders informed and up to date as possible. It’s very possible Chuck can’t for lots of reasons . Hopeful for something / anything to put some sort of floor under any more large drops and an eventual slowdown or end to all the ridiculous manipulation surrounding this company’s shares .
Agree w Daylas. I’m not normally a big proponent of “ over PR ing “ , but Chuck has been awfully silent while the share price has tanked .
Not PR ing the Micron CC certainly hasn’t helped, but he probably has valid reasons for not doing so.
I read all the boards , and investor sentiment is beginning to waver after a 65% haircut in recent weeks , even with some fairly decent news.
Throw us a bone please
The feeling is that they’re not worried, as sophisticated investors would have hedged their position to essentially make the warrants “free” .
I’m not a sophisticated investor , but the strategy makes sense
Would like to see a PR also , but you’re right, if they are at a sensitive stage in talks , tooting the Micron CC outcome might be politically the wrong move to make .
Anything to boost investor confidence would be a bonus , but since we don’t know what’s happening behind the scenes , I guess we have faith and patience and wait .
Painful time to be an investor for sure .
Hope you’re right , fingers crossed!
Indeed
Likely true short term but none of this affects the upcoming Micron case .
While the Samsung waters are muddied , Microns are much clearer with no ambiguous contracts or licenses ever granted .
Except Texas District court has precedence over PTAB rulings . Been discussed many times, Gilstrap has also said it out loud .
There should be no “ subtraction” from the Texas jury award unless Gilstrap himself orders it , and he’s made it very clear in the past that his court and not the PTAB makes the final decision
Amen to that
Last weeks dropping of the motions by Netlist against Google and Intel for discovery could be significant good news , (or I’m once again reading too much into it)
The assumption is Netlist got what it wanted from both , or they would have filed new motions for non compliance .
Seems less than coincidental that both were dropped very close together time wise.
What does this mean for Micron ( and Google , Samsung and Intel) ? I hate to speculate , but I can’t see a scenario where this is “ bad” since Netlist agreed to both.
Lots of little and not so little “ tells” happening in the last several weeks . Hopeful they pan out
I agree , and hope you’re right. What has become apparent though is that all 3 of these infringers are absolute b!!tards when it comes to being reasonable and moving on .
There’s lots of small tell tale signs as you mentioned , and the Intel cancellation might be yet another hopeful sign .
Again, I hope you’re right!
Great points
Agree .