NetList Inc (NLST)

[Ramazing]

The district court also cited to a recent Federal Circuit decision holding that the PTAB is not binding precedent on a district court, namely, Tinnus Enterprises, LLC v. Telebrands Corp., 846 F.3d 1190, 1202 n.7 (Fed. Cir. 2017). In Tinnus, the Federal Circuit upheld a preliminary injunction even though the PTAB had, in the interim, issued a Final Written Decision invalidating the patent-in-suit. The Federal Circuit acknowledged the intervening PTAB decision, but concluded that “[t]he PTAB’s decision is not binding on this court . . . .”