NetList Inc (NLST)

[Jetmek_03052]

Case 8:20-cv-00993-MCS-ADS Document 460 Filed 03/13/24


https://storage.courtlistener.com/recap/gov.uscourts.cacd.783923/gov.uscourts.cacd.783923.460.0.pdf

Plaintiff Netlist, Inc. (“Netlist”) submits the following Proposed Statement of
the Case. The parties met and conferred, but were unable to agree on a joint proposed
statement.

STATEMENT OF THE CASE

Plaintiff Netlist, Inc. designs and sells memory and storage modules and
systems. Defendant Samsung Electronics Co., Ltd. (“Samsung”) manufactures
computer memory and storage products. In 2015, Netlist and Samsung entered into a
contract called the Joint Development and License Agreement, or JDLA for short.
This case involves a claim that Samsung materially breach its obligations under the
contract.

Section 6.2 of the JDLA required Samsung to “supply NAND and DRAM
products to Netlist on Netlist’s request at a competitive price (i.e., among customers
purchasing similar volumes of similar products).” NAND is computer storage.
DRAM is computer memory. The parties dispute how to interpret this provision.

Netlist claims that this provision required Samsung to supply Netlist with NAND and
DRAM products on Netlist’s request. Samsung claims that it was only required to
supply NAND and DRAM chips for manufacturing a specific NVDIMM-P product if
this product was ever commercialized. Netlist claims that Samsung materially
breached its contract with Netlist by failing to supply NAND and DRAM products
upon Netlist’s request. Samsung claims that it did not materially breach the contract
because it had no obligation to supply Netlist with NAND and DRAM products other
than for the NVDIMM-P product.

The Court has already determined that section 6.2 constitutes a definite and
binding obligation on Samsung. The Court has also already determined that Netlist
complied with all of its obligations under the JDLA. It will be your job to determine
whether Samsung materially breached JDLA by failing to comply with Section 6.2.

NETLIST’S PROPOSED STATEMENT OF THE CASE
(Case No. 8:20-CV-0993-MCS (ADS))

Dated: March 12, 2024 Counsel for Plaintiff

/s/ Jason Sheasby

Jason Sheasby
A. Matthew Ashley
Michael Harbour
IRELL & MANELLA LLP
840 Newport Center Drive, Suite 400
Newport Beach, CA 92660
Attorneys for Plaintiff Netlist, Inc