Followers | 51 |
Posts | 14354 |
Boards Moderated | 4 |
Alias Born | 01/11/2004 |
![](https://investorshub.advfn.com/uicon/31528.png?cb=1621509094)
Wednesday, March 13, 2024 2:43:47 PM
Samsung is saying that the JDLA was about "manufacturing a specific NVDIMM-P product, if this product was ever commercialized.". But the JDLA isn't worded like that. It simply says that they would supply NAND and DRAM at Netlist's requests, at a preferred price. It is ambiguous. Indeed, the very reason the 9th returned the case to Scarsi's court was that the agreement WAS ambiguous and needed to be looked at again.
From Silvia J over on ST:
Samsung cannot WIN the trial. The most they can do is show the contract was ambiguous.
If you include Scarsi himself, half the judges already said it wasn't. The other ones said it "might be" considered ambiguous; they said, "let's look at extrinsic evidence."
It would be hard for Samsung to prove it was ambiguous, but if by some miracle, the jury determined it to be ambiguous on the supply agreement, the license agreement would also be ambiguous.
Anyway you slice it, Samsung cannot really win. Netlist doesn't have to convince all jurors they are right. Samsung has to thread the "impossible" needle that ONLY the supply agreement was ambiguous....so their license is still valid.
And again from SilviaJ:
Samsung cannot win because if the jury is convinced that the contract is too ambiguous, the contract can be nullified; and Samsung loses its license.
If the jury clears up the ambiguity by indicating the supply contract is restricted only to the joint development project, it would impossible for said jury to say the license agreement is NOT restricted to the joint development project. Samsung loses its license again.
Remember, it is NOT called The Joint Development AND The Licensing Agreement. There were not 2 separate agreements put together in one contract. It is called The Joint Development and Licensing Agreement; they are inextricably linked.
Bring on the trial. DBMM will be the winner.
I keep telling myself....deep breath....count to ten....try to answer without personal attack...if available, always try to present fact to back up your opinion.
Recent NLST News
- Form 8-K - Current report • Edgar (US Regulatory) • 08/16/2024 09:00:10 PM
- Form EFFECT - Notice of Effectiveness • Edgar (US Regulatory) • 08/15/2024 04:15:06 AM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 08/14/2024 09:00:10 PM
- Form 144 - Report of proposed sale of securities • Edgar (US Regulatory) • 08/12/2024 01:37:30 PM
- Form S-3/A - Registration statement under Securities Act of 1933: [Amend] • Edgar (US Regulatory) • 08/07/2024 08:02:33 PM
- Form 10-Q - Quarterly report [Sections 13 or 15(d)] • Edgar (US Regulatory) • 08/06/2024 01:00:28 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 07/30/2024 03:00:12 PM
- Form S-3 - Registration statement under Securities Act of 1933 • Edgar (US Regulatory) • 07/24/2024 08:59:32 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 07/18/2024 01:30:36 AM
- Form 144 - Report of proposed sale of securities • Edgar (US Regulatory) • 07/15/2024 02:32:17 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 06/18/2024 09:00:29 PM
- Form SD - Specialized disclosure report • Edgar (US Regulatory) • 05/28/2024 08:01:05 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 05/16/2024 07:01:26 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 05/16/2024 07:00:15 PM
- Form 10-Q - Quarterly report [Sections 13 or 15(d)] • Edgar (US Regulatory) • 05/06/2024 08:32:04 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 03/09/2024 02:31:38 AM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 03/09/2024 02:30:15 AM
- Form 144 - Report of proposed sale of securities • Edgar (US Regulatory) • 03/06/2024 09:54:43 PM
- Form 144 - Report of proposed sale of securities • Edgar (US Regulatory) • 03/06/2024 02:44:15 PM
- Form S-8 - Securities to be offered to employees in employee benefit plans • Edgar (US Regulatory) • 03/01/2024 09:35:01 PM
- Form S-8 POS - Securities to be offered to employees in employee benefit plans, post-effective amendments • Edgar (US Regulatory) • 03/01/2024 09:32:11 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 02/13/2024 01:15:20 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 01/19/2024 02:38:35 AM
Maybacks Adds Award Winning Show to Its Lineup Discusses Maybacks Opportunity • AHRO • Aug 22, 2024 11:30 AM
North Bay Resources Announces First Gold Concentrate at Mt. Vernon Gold Mine, Assays 12 oz/ton Gold, 17.5 oz/ton Platinum, and 8 oz./ton Silver, Sierra County, California • NBRI • Aug 22, 2024 10:28 AM
All Things Mobile Analytic, Inc. Reports Major Growth with Over $11 Million in Revenue • ATMH • Aug 22, 2024 7:19 AM
Unitronix Announces Strategic Entry into Cryptocurrency Space • UTRX • Aug 21, 2024 10:00 AM
Mawson Finland Provides Update on Exploration Activities at Rajapalot • MFL • Aug 21, 2024 9:06 AM
Avant Technologies to Implement Robust Cybersecurity Measures for AI-Driven Healthcare Solutions • AVAI • Aug 21, 2024 8:00 AM