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Wednesday, April 17, 2024 9:42:16 PM
7:29 PM
$NLST This is far from over and the CAFC will reconcile.
Something to add is that in every one of our infringement cases against Micron & Samsung, they argue in defense through their Answer to the Complaint—1st brief of the case—that Netlist failed to comply with its RAND obligation... meaning to license the patents at RAND rates. Though that obligation is based on the patents being standard essential—which later Netlist prevailed through Summary Judgment that they're not standard essential, therefore removing obligation to license at Fair Reasonable And Non Discriminatory terms—which don't apply to infringers, especially the willful.
But the point is that Samsung and Micron pushed and argued for Netlist to license what are now "invalid" patents, at the time Netlist filed the lawsuits. Then when Netlist disagreed that they deserve or are obliged to RAND, the same infringers that wanted to pay for the patents decided all of a sudden to challenge that they are obvious and worthless.
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