NetList Inc (NLST)

[100lbStriper]

NLST Parts from MIL Ord sec—OTHER ISSUES
"Smsng’s counsel expressed concern over Ntlst’s intent to call Smsng-affiliated witnesses"—"Court denies the former relief requested, as the Court finds sufficient Netlist’s identification of the relevant subjects about which Smsng witnesses will testify in its case"

"Smsng contended that Ntlst should not be allowed to prove a breach should Smsng convince the jury of its interpretation of JDLA§6.2."—"Court disagrees with Smsng. Ntlst’s pleadings, discovery responses, and motion papers do not foreclose it from presenting a breach case upon the theory of the contract Smsng intends to proffer at trial. This is especially true given the several interpretations of §6.2 Smsng offered over the course of its defense of this case."

"Court also rejects Smsng’s argument, apparently made for the first time at the conference, that the Court should allow it to revive its affirmative defenses if Ntlst is allowed to bring a breach case on Smsng’s interpretation"
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