NetList Inc (NLST)

[Jetmek_03052]

https://www.courtlistener.com/docket/63378313/64/netlist-inc-v-micron-technology-inc/

Filed 26 April

Plaintiff Netlist, Inc. (“Netlist”) respectfully requests leave to amend its preliminary infringement contentions (“PICs”) based on the location and review of additional materials evidencing earlier conception and reduction to practice of the patents-in-suit. Ex 1 (Netlist’s proposed amended cover pleadings); Ex. 2 (redline).

Pursuant to P.R. 3-6, there is good cause for Netlist to amend its PICs because Netlist was diligent in its discovery efforts and because Micron will not suffer any prejudice. Netlist first served the proposed supplement that is the subject of this Motion on Micron in January 2023. Despite Netlist’s prompt and diligent efforts to meet and confer, Micron strung Netlist along for months, implying that some sort of compromise could be reached to avoid burdening the Court with these issues, and only confirmed it would oppose this Motion on March 31, 2023 after Netlist informed Micron that it would need to file this Motion and inform the Court that Micron refused to provide its final position.

Looks like Micron is mimicking Samsung - attempting to draw this out....