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Re: mikeg2 post# 7650

Friday, 07/23/2021 1:24:52 PM

Friday, July 23, 2021 1:24:52 PM

Post# of 22866
Sure the title says a lot:

RAND Royalty Valuation for Netlist’s
JEDEC Standard-Essential Patents
James F. Holderman


....and as stated in the intro the purpose is to.....

To All Interested Readers:

I write regarding the reasonable and nondiscriminatory (RAND) royalty commitment of Netlist, Inc. as a part of my engagement with Netlist’s attorneys, Mintz Levin Cohn Ferris Glovsky & Popeo PC to conduct a neutral analysis as a neutral evaluator in pending litigation. In this letter when commenting on my analysis, I assume all interested readers are familiar with the terminology employed in Netlist’s field of endeavor. As you may be aware, Netlist is the assignee of a portfolio of patents and applications declared essential to the JEDEC standards for RDIMM and LRDIMM. Netlist’s participation in the JEDEC committees that promulgated this standard and Netlist’s signing JEDEC’s License Assurance/Disclosure Form regarding Netlist’s declared standard-essential patents (SEPs) and applications in its portfolio essential to JEDEC’s standards gave rise to certain encumbrances on this portfolio. Among these encumbrances, Netlist is contractually required to “offer[] [a license to the essential portfolio], with compensation, to applicants desiring to utilize the license for the purpose of implementing the JEDEC Standard under reasonable terms and conditions that are demonstrably free of any unfair discrimination.” As discussed below, it is my opinion that the methodology employed by Netlist to determine a range of RAND royalties for this portfolio is sound from evidentiary, policy, and common sense perspectives. Moreover, under the circumstances here, it is my view that Netlist’s approach is preferable to other alternatives.



Essentially this is the story of the effort made to find a way to value some of Netlists work. The gentleman writing, as you can see defines Netlist as: Netlist is the assignee of a portfolio of patents and applications declared essential to the JEDEC standards for RDIMM and LRDIMM.

Hope this helps, it is no secrete I do not have a technical background, but fortunately holding Netlist shares as they continue to seek justice
does not require any. However it is valuable as a shrholder to have an idea of what NLST will be looking for in a license.




Emil Nolde

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