Monday, March 08, 2021 3:16:35 PM
$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.
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