From YMB:
Frank 11 hours ago
The Samsung case is actually very simple. The Judge will have no problem to make the right decision. Read the court files.
Samsung stated (citation): „ Samsung accepted and fulfilled some of the purchase orders, put some on backlog, and rejected others, just as it did with other customers“
JUST as it did with other consumers. Samsung acknowledged several times that some orders were filled others just rejected.
Netlist opinion is that Samsung had the obligation to supply, but did not and treated Netlist like (or worse) than other Samsung clients who had no contract with Samsung.
Samsung says very bluntly that the contract only obliged Netlist to grant their IP for basically nothing/free while Samsung could treat Netlist like any other small client…..and supply was entirely upon discretion of Samsung.
Zero chance at the court. The judge just needs to read the contract and see the supply figures. Alone if the judge agrees that this contract included a supple obligation for Samsung (easy to make this decision, a lawyer or judge do not need more than a couple of hours for that) and half of the case is done.
The second half is to check the actual supply figure for the products delivered from Samsung to Netlist.
There ABSOLUTELY ZERO reason for Netlist to make any step forward to Samsung before Samsung does not show good faith, intention and does apologize (even if „sealed“ from public) to Netlist. Latest the MARKMAN hearing (November this year, correct me if I am wrong) and Netlist can start celebrating. More likely even before with the (partial) summary judgement (due in September! Again, correct me if I am wrong).
With the outcome of these two, Samsung‘s lawyer will not be allowed to to trial and top management will order them to avoid the trial whatever that may cost.
This case is very advanced - we shall see decisions as of September, but latest in November !! Better Samsung is changing their behavior and comes forward with some good offer.
