NetList Inc (NLST)

[Jetmek_03052]

Case 8:20-cv-00993-MCS-ADS Document 464 Filed 03/13/24

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

NETLIST INC. a Delaware corporation,
Plaintiff,
vs.
SAMSUNG ELECTRONICS CO.,
LTD., a Korean corporation,
Defendant.

Case No.: 8:20-cv-00993-MCS-ADS
DEFENDANT SAMSUNG
ELECTRONICS CO., LTD.’s
PROPOSED STATEMENT OF THE
CASE

Final Pretrial Conference:
Date: March 18, 2024
Time: 2:00 p.m.
Judge: Hon. Mark C. Scarsi
Location: Courtroom 7C

SAMSUNG’S PROPOSED STATEMENT OF THE CASE
Samsung Electronics Co., Ltd. (“Samsung”) hereby submits the following
proposed Statement of the Case.

PROPOSED STATEMENT OF THE CASE

The plaintiff in this case, Netlist, designs, makes, and sells certain types of
computer memory modules and components. The defendant, Samsung, designs,
manufactures, and sells computer memory chips, memory modules, and
components in addition to engaging in other businesses. These products have
various applications, including being used in personal computers, servers, and
consumer electronics.

This case involves a dispute over a contract between Netlist and Samsung
called the Joint Development and License Agreement. In that contract the parties
made various promises to each other. Among other things, the parties agreed to
collaborate on the development of a new technology for a memory module and to
grant each other patent licenses. Samsung also agreed to supply memory chips to
Netlist called NAND and DRAM, make a payment to Netlist, and provide a loan to
Netlist.

The parties disagree about the scope of Samsung’s obligation to supply
NAND and DRAM under the contract. Netlist claims that Samsung was required to
fulfill all of Netlist’s requests for NAND and DRAM and that Samsung’s failure to
do so was a material breach of the parties’ agreement. Samsung claims that its
obligation to supply NAND and DRAM was limited to the parties’ technology
collaboration and the commercialization of the product the parties were seeking to
develop together and denies that it breached the contract or that any breach was
material.

SAMSUNG’S PROPOSED STATEMENT OF THE CASE
Dated: March 13, 2024 O’MELVENY & MYERS LLP

By: /s/ Marc F. Feinstein

Marc F. Feinstein
Attorneys for Defendant Samsung
Electronics Co.