NetList Inc (NLST)

[Methinks]

Just an Opinion what I think is going on.

r/NLST
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Posted byu/HedgeAppleJoe
20 hours ago

https://www.reddit.com/r/Netlist_/comments/s2ybs7/just_an_opinion_what_i_think_is_going_on/

Google did not claim "Intervening Rights" defense on 8 and 16 Rank DIMMS. They tried to do it through a Generic Defense to "Avoid Discovery" on those components. They were hoping to "Game" the court. If they did not claim the defense of "Intervening Rights" on those components then they can't use it as a defense on those components. That is why they had to file this Motion to Amend late in the Game(It's the last Motion filed by Google). Judge Armstrong had a similar request by Netlist in the 386 case and it was denied. The Judge has a historical precedent denying "Untimely Motions To Amend". Google according to Netlist Legal team did not ask for intervening rights on there 8 and 16 rank Dimms. Jason shaesby in his opposition document said the court should not allow them a generic defense and they should have listed those components specifically. (Again they didn't to AVOID Discovery. Plain as the nose on your face)
Claim 16 would be a big loss, but if they lose the "Motion to Amend" and the 8 and 16 rank Dimms are subject to all the other claims of the 912 patent going back to the beginning of the case in 2009 we are talking enormous numbers!! Rather than risk that and the discovery involved I think they chosen to settle.

Potentially two big issues for them "Claim 16" and the "Motion to Amend". Google has also tied Samsung to this case during the process and Samsung has tied Google to them in their Delaware Filing!(Indemnification)

I am thinking the lack of normal procedure is something abnormal like a 3 way settlement. "Creative Settlements" are something listed in Jason Sheasbys BIO. Of course that is one guys opinion.