NetList Inc (NLST)

[100lbStriper]

NLST Part-4 "Furthermore, none of the asserted patents has been rendered “invalid.” See 35 U.S.C. § 318(b) (providing that a “certificate cancelling any claim of the patent finally determined to be unpatentable” may be issued only after “any appeal has terminated”). Only two of the four patents actually scheduled for trial have been subject to final written decisions by the Board, both of which are currently subject to pending Requests for Director Review based on what Netlist has argued are significant irregularities in those decisions. See Paper 52 in IPR2022-00996 and Paper 53 in IPR2022-00999. Furthermore, any final decision by the Director is subject to appeal to this Court. 35 U.S.C. §§ 141(c), 319. And again, the claims of two of the four asserted patents scheduled for trial have not been found even preliminarily unpatentable by the Board. They are subject to IPRs, but final written decisions are not due until April 24, 2024—long after the scheduled trial. See Petition 11."
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