NetList Inc (NLST)

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$NLST “PTAB Invalidation of Patents Following Jury Verdict of Infringement Does Not Necessarily Impact Willfulness Finding”

“Apple asserted that its belief was based on interim rejections"

“argued that the reasonableness of this belief was confirmed by final written decisions from theUSPTO finding the asserted patents invalid. Accordingly, Apple argued that it could not be found to have willfully infringed during the period after the2012 verdict”

“JudgeSchroeder disagreed,finding that Apple’s continued sales following the2012 verdict were “unreasonably risky.”JudgeSchroeder’s decision specifically found unpersuasive Apple’s argument that,because the subsequent decisions found the asserted patents invalid,it could not be held liable for willful infringement”

"blind reliance on the fact that theUSPTOhas issued decisions finding asserted claims invalid subsequent to a jury verdict of infringement as meaning one could not have willfully infringed may be a risky position"
https://www.akingump.com/en/insights/blogs/ip-newsflash/ptab-invalidation-of-patents-following-jury-verdict-of