retired but keeping my sense of humor
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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 ?
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.
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
thx for the reply. if even half of what you conveyed to me is true. i dont have another 20 years......
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 ?
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
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
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.
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.
473 Mar 18, 2024 TRANSCRIPT ORDER as to Defendant Samsung Electronics Co., Ltd. for Court Smart (CS). Court will contact Brian A. Treggs at btreggs@omm.com 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)
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..........
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
breach of contract
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
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
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.
lets call it a ''how we proceed'' get together today. laymans legalese ......
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/
status conference re conitinuation of trial today https://sih-st-charts.stocktwits-cdn.com/production/original_566237534.png
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
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
yes, great stuff, posted yesterday morning......... https://investorshub.advfn.com/boards/read_msg.aspx?message_id=174044015
no apology necessary !!!
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.
nice buy !!!
Stokd
6m
$NLST Fair point, but the check is next to a date, not patent, and you'll notice other green checks indicate something is done. But I agree it's best to remove them.
For inquiring minds, the issue with results being on the chart from German hearings—Samsung/Sept & EP735/Mar—is they should reflect a filing/doc to officially back it up, otherwise I'm hesitant putting up anything coming from what someone saw/heard, I need official word from court or at least our attorney & CEO before I'm comfortable—especially as context and specifics matter.
For now, CEO & 10Q keep us informed on German cases. Regarding hearings, Samsung infringement proceeding was paused after Sept hearing, awaiting validity proceeding decision... and the EP-735 validity hearing in March, we got word from a shareholder of invalidity, but the extent, substance, and next steps & options like appeal, are still unknown. Awaiting written decision in weeks/month and word from Netlist before reflecting on the chart.
many countries from around the world have been buying large quantities of metals over the last 20 years because its real money. what they know is despite what anyone says, its the best hedge against fiat, next to other tangible assetts.
NLST *Current Netlist Litigation*
https://sih-st-charts.stocktwits-cdn.com/production/original_566062801.png
there beautiful coins, i havnt bought any since around $9-$10 so its been a while.. last gold one i bought was $400 maybe in the 10 plus year ago range..........
nlst baby !!!
get some !!!
she needs more shoes man!!! we'll be ok down the line. just keep smilin about everything like that pink clown does. everythings cool...
Responding to Obviousness Rejections in Light of the USPTO’s New Guidance
https://ipwatchdog.com/2024/03/14/responding-obviousness-rejections-light-usptos-new-guidance/id=174329/
Stokd
32m
$NLST The other odd thing as far as timing, is the medical emergency was brought up shortly after Scarsi intervened regarding the framework of the BOC trial and pointed out that even if the jury adopts Samsung's interpretation, that does not mean Samsung did not breach the JDLA, and Netlist would be allowed to argue/prove breach no matter the jury's interpretation. It is clear to me that Scarsi made it apparent to Samsung that it's not going to be easy for them to escape Netlist's breach claims, and Samsung will not be allowed to frame the issues how they prefer or rely on their narrative. Then all of a sudden a medical emergency... kind of suspect. Below is Yoders attempt to delay the first BOC trial due to a medical emergency/covid, which was denied by Scarsi, and Yoder showed up in court healed with no worries about spreading covid to others.
https://sih-st-charts.stocktwits-cdn.com/production/original_566007615.png
thred........... https://stocktwits.com/Stokd/message/566007615
144 Report of proposed sale of securities Mar 15, 2024
https://investors.netlist.com/websites/netlist/English/3200/us-sec-filings.html
Micron’s Partnership With NVIDIA For H200 AI GPUs Shocks SK Hynix & Others In The HBM Race.
we'll get our royalties and a license from these bastards..........
https://wccftech.com/microns-partnership-with-nvidia-for-h200-ai-gpus-shocks-sk-hynix-others-in-the-hbm-race/
i understand what your saying. though my interpretation of everything i read this morning is the judge wants no more delays and will denie them. although giving a minimum of 1-2 weeks for the new lead to be brought up to speed and then asign a calender date for continuance. this case is going our way soon regardless of what they try. once boc gets settled scum gets a real hammering. the way i see it, gilstrap has given scum everything they need to defend themselves. so when they appeal to cafc they will absolutely have nothing to introduce to overturn marshall texas. the only thing all of us will agree on is this. dam!!! this is taking forever !!! lol !!! we'll be ok...........
yw, like minds see the same thing while clowns on every post have a mental issue. nlst will prevail.
robcobb
7:25 AM
$NLST A lot is happening in all the cases!(For those who read the rulings from the recent Pre-Trial. )As I reported before Nlst won many motions and subparts and Micron won their share also.What the ruling documents don’t show is the arguments leading to the rulings by Judge Gilstrap.Many interesting aspects of the case were argued in front of Judge Gilstrap and will show up in the transcripts for everyone to see when they drop. As everyone knows I witnessed the Samsung 463 Pre-Trial and I want to say there are many similarities to the two conferences ,mostly same experts ,witnesses ,lawyers for Nlst,almost same rulings on what can be presented at trial,and many other similarities !We all know how that turned out! I have thought for a long time that Judge Gilstrap was waiting on the BOC verdict before setting a royalty rate for Samsung.Last nights document drop proved that . I look for Judge Gilstrap to throw Samsung a curve ball,if the BOC trial is delayed very long!Good Luck Longs!
Stokd NLST Look a Sheasby fighting for investors and defending the stock. It's nice to see and know they're aware of the impact litigation has on shareholders. Seems this has become personal not only for us, but especially for CEO/Chuck, and now our lead attorney on all Netlist litigation Sheasby... they have our back!
https://sih-st-charts.stocktwits-cdn.com/production/original_565947757.png
Stokd
2:54 AM
$NLST We are close and Samsung is %&$#@!
Bullish
https://media3.giphy.com/media/r5eafWP6dcbxX8cLeN/giphy.gif?cid=9191ed4crn3ozbffql25o21xx9hrw2n9tczdj38t76161zap&ep=v1_gifs_gifId&rid=giphy.gif&ct=g
https://stocktwits.com/Stokd/message/565947367
Stokd NLST Whoa... look at this line in the BOC Statement filed sealed from 2 days ago, posted earlier today — Netlist Statement..."Judge Gilstrap is holding the decision of post-trial motions while awaiting the impending verdict in this case." — we finally get clarity on what Gilstrap is waiting for before ruling on Ongoing Royalty in the Samsung 463 case.
https://sih-st-charts.stocktwits-cdn.com/production/original_565946884.png
Stokd NLST And as a result of the Statement in BOC case from my previous post, for trial continuance/medical emergency, Scarsi Ordered—“In the interest of judicial economy, the Court has considered the joint statement filed provisionally under seal. The Court finds good cause under Rule 16(b)(4) to continue trial. The Court converts the pretrial conference set for March 18, 2024, to a status conference at which the parties should be prepared to: (1) provide a complete menu of dates the parties are mutually available for a pretrial conference and trial (even if those dates are not mutually agreeable) through June 2024, and (2) discuss the concerns and framework the Court set forth in its order requiring revision of pretrial documents.”
Trial sometime Apr through June. Keep in mind, Netlist sought to stay this case till SamsungTX trial resolves certain license issues, so if BOC is after SamsungTX—whose trial date is TBD soon—then Netlist gets their sequence of events.
https://storage.courtlistener.com/recap/gov.uscourts.cacd.783923/gov.uscourts.cacd.783923.468.0.pdf
https://sih-st-charts.stocktwits-cdn.com/production/original_565946442.png