NetList Inc (NLST)

[Jetmek_03052]

Case 2:22-cv-00294-JRG Document 120 Filed 05/14/24
https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.120.0.pdf

The Court issues this Order sua sponte. On April 22, 2024, Micron filed its Notice of Final Election of Invalidity Theories, Prior Art References/Combinations, and Equitable Defenses (the “Notice”). (Dkt. No. 106.) In the Notice, Micron stated that it “provide[s] the following list of invalidity theories, prior art references and combinations, and equitable defenses that they continue to assert against Netlist, Inc. (“Plaintiff”).” However, Micron did not provide a list within or attached to its Notice.

Instead, Micron stipulated that “based on the Patent Trial and Appeal Board’s institution of IPR2023-00203 for U.S. Patent No. 7,619,912 and IPR2023-01141 for U.S. Patent No. 11,093,417, Micron will no longer pursue invalidity defenses in this action (C.A. No. 2:22-CV-00294-JRG) that the patent claims subject to the instituted IPRs are invalid based on grounds that were raised or reasonably could have been raised in the IPRs.”