The more assumptions you have to make, the more unlikely an explanation is.
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how can we hear the markman hearing?
3/4/2021
Apologies if this was posted, from jmcai273. It cuts to the chase so in case it was missed:
$NLST
In the simplest of terms from the Google/Netlist Joint filing about where the case stands: Google says patent 912 changed so much from original suit to patent reexamination that they have not and are not infringing. Netlist contends the changes were negligible to the patent and Google was and still is infringing. So that is where they are./
IMO the G attorneys earned some money on this argument, but it's still wrong. Patent law says you cannot litigate a patent as your defense. (please correct if this is not accurate, it is what I remember reading) The patent is to be taken as is. So this sounds like G trying to slide in the back door to invalidate a validated patent. I bet this comes up in the Markman.
Where does he get info? Maybe the attorneys are the only ones to know many things unless it is something the CEO must make a decision on. It would be a good thing if management did not hang onto the cases every day, means they are making the company the priority, I like it.
Lol oops, maybe what they don't tell him he doesn't know. Did you tell him he should read this board!?
How would G behave if they cared about what the judge thought? They gave up the higher ground when they lied about the using N’s tech. So there is no mystery in G’s behavior, they maintain the wealthy gangster’s relaxed confidence as they can afford slick talk their way through this. Even when they finally got to pay, saying “ You won but we didn’t lose”
Another good one: YMB silvia ran across this in Feb.
Dodo (Nick) has insisted for years that Smart Modular (with its 295 Patent - now deemed unpatentable by the PTAB) was the company that produced the FBDIMMs for Google. Where did he get that thought? He made it up. He is a liar. He has no shame. Below are the producers who manufactured FBDIMMs for Google as exposed during the trial.
Google infringes as follows:
1. By making, using and/or importing the Accused Instrumentalities, including by operating computer servers known as “Ilium” and “Icarus” in which the Accused Instrumentalities have been installed.
(pg. 5)
4. By supplying components of the Accused Instrumentalities–including DRAM chips, quad-rank supported advanced memory buffers, and printed circuit boads–to third party contract manufacturers who make 4-Rank FBDIMMs for Google’s use, at Google’s request, and as instructed by Google, Google is actively inducing infringement ..
(pg. 7)
… The contract manufacturers include Unigen, Southland Microsystems, Kingston, Qimonda and Entorian. Google has instructed the contract manufacturers in the assembly of the Accused Instrumentalities with knowledge of the Patent and intent of causing the contract manufacturers to directly infringe the Patent.
Less
I think it is reasonable to think G is applying twisted logic to what jmcai273 said. G attorneys are not showing genius, they are walking (in suits) a retreat whiling throwing logs in the road to slow their opponent.
GFTB thank you for linking those posts together.
All longs should arm themselves with post such as this one on claims history. Such subjects will come up over and over and there is nothing like the truth to shut down a lie..
Awesome!
The term is willful or non-willful. Both cost if found to be infringing. A case was recently discussed here where infringement was confirmed but non-willful, cost the defendant plenty. It goes to the purpose of a patent. The protection cannot be disappeared/diminished.
GFTB posted that minutes from the Markman hearing are no available electronically.
So is there some other access to the minutes?
GFTB great article! excerpt:
There’s also quite a bit of talk about the CXL Hybridimm product. In a recent statement, the CEO of the company pointed to talks with potential partners, stating that a partner would be a major strategic customer for the product that would come in as a potential investor to partner on the technology. So, there’s yet another catalyst on the horizon.
At the same time, NLST pointed to the fact that it has made new inroads with military and emerging edge customers. So, those watching the stock should be on the lookout for announcements having to do with new customer acquisition.
If that’s not enough by way of catalysts on the horizon, Netlist doesn’t intend to let you down. In fact, in the next few months, the company is expecting to launch its fourth generation SSDs, yet another major announcement to look forward to.
A reliable poster mentioned the docket would be coming out in a few days.
"A docket in the United States is the official summary of proceedings in a court of law."
Bless this woman: silvia 14 hours ago
Rambus shares soared to $130 per share or $3Bil in June of 2000 when it started enforcing its patents. Back then, online brokerages had just started growing and newly minted traders were chasing stocks.
Fast forward to today, newly minted millennials are chasing stocks like AMC, GME, etc and Netlist is just starting to enforce its IP. At a $3Bil, that's $15 per share for NLST.
But DRAM sales are nearly triple since then. So, a $40 per NLST share price is is similar to Rambus at $130.
NLST has the perfect setup. 10 yrs was a long time to plan strategically and NLST did not waste it, at least from this vantage point.
NLST has already spoiled me. :)
So happy to be here for best in 10 yrs!
the 218 and 595 suit was combined with the 523 suit. the judge has 11 construction claims to rule on total from the 3. thanks to jmcai for the 11 construction claims
info.
So dave, that close rated pretty high huh?
Excuse me, I thought your question had to do with claim construction and interpretation of claims. But I've been wrong before and will probably again. lol
I'm here at least till 7/6 so I don't need to scratch my head about selling.
hahaha ok, 10 yrs has probably taught you a few things!
Markman hearings are important, because the court determines patent infringement cases by the interpretation of claims. A Markman hearing may encourage settlement, because the judge's claim construction finding can indicate a likely outcome for the patent infringement case as a whole. Markman hearings are before a judge, and generally take place before trial. A Markman hearing may occur before the close of discovery, along with a motion for preliminary injunction, or at the end of discovery, in relation to a motion for summary judgment. A Markman hearing may also be held after the trial begins, but before jury selection.[5]
The evidence considered in a Markman hearing falls into two categories: intrinsic and extrinsic. Intrinsic evidence consists of the patent documentation and any prosecution history of the patent. Extrinsic evidence is testimony, expert opinion, or other unwritten sources; extrinsic evidence may not contradict intrinsic evidence.[6]
https://en.wikipedia.org/wiki/Markman_hearing
hear hear!
I doubt it, in her mind she is still right, seriously.
We may even see $3, 6 hrs ago would have said no way.
Yeah relative to how many shorts there were it's high relative to OS and volume it's nothing. Not sure why you would think, and again relative, rise in short position would have to do with who is going to win rather than literally a hedge to a long position. The other thought is shorts would chase the stock down. I think there is some selling at $2 for all kinds of reasons, but so far no chasing the price down. I my book that's bullish.
Fwiw, I think NLST did not pick Sk lightly, they have the goods or they would not be in court. Of course that is not a guarantee they will win.
The question will be willful or not, if they don't settle that is. all imo.
Taken as a whole and some more than others (imo) these new rules for patent litigation streamline the process which is good for the little guy:
On July 1, 2020, the United States Court of Appeals for the Federal Circuit will adopt several amendments to its rules of practice, which govern procedural aspects of appeals from district court patent cases and appeals from Patent Trial and Appeal Board proceedings. These amendments will apply to all appeals filed or pending on or after July 1, 2020, to the extent practicable, unless otherwise ordered.
Important amendments include the following:
Under Federal Circuit Rule 34(e)(2), at oral argument, no more than two counsel may argue on behalf of each side, and no more than one counsel may argue on behalf of each party, absent leave of the court. For example, if there are ten appellants, a maximum of two attorneys will be permitted to argue on behalf of all ten appellants, unless leave of the court is obtained to allow additional attorneys to argue. More.....
https://www.venable.com/insights/publications/2020/06/federal-circuit-to-amend-rules-for-appeals-in
Also what he/she said is not true. Couple that un-truth with the fact the patent climate is changing. Customary practices and rules are being developed to cut through the BS a team of 15 attorneys can come up with.
It's a solid plan!
looks like maybe $2 and climbing this week.
Yeah he’d need to put it/enough to work for the company/shrhlders.
lol ??!!! it’s funny cause so unexpected.
Any thoughts on Sk willfulness? I’ve been thinking possibly not. It seems those at odds with NLST would know the story of Google denying NLST tech only to get egg on their face. If they were willfully using it they would stop and/or work out a settlement before all this nonsense. So could be not willful.
I like the idea of them being well funded. They are also only .01 away from a positive eps. What do you suppose they might spend a extra few billion on?
Well 3 cheers for Albright the fastest judge in the west, June is a blink away got to hold for the big day!