Well, the fact is:
First, Samsung has been found in breach of the JDLA with Netlist for the SECOND time, by jury verdict. Can this second BOC verdict be appealed? It can be, but I doubt the appeals court would hear the case a second time. Let’s wait and see.
Second, the 912 (claim 16) patent has been found patentable TWICE by the PTAB and once by the CAFC In the Google case. This means that coupled with the affirmed BOC by Samsung, any chip with the 912 Patent inside sold to and put into Google servers are infringed. There’s millions of them and Google will have to pay Netlist a royalty for those chips.
Third, in the #0463 case with Samsung? Now that the BOC case has been decided, Gilstrap will finalize the bench trial verdict and set royalty rates for the infringed patents. Once he does that? 30 days later, Samsung will appeal. I think that appeal will be heard and it will add 12 -18 months to the outcome. Unfortunately.
Fourth, the upcoming Micron case has that 912 patent in it. It was recently declared not patentable by the PTAB. There little doubt in my mind that the CAFC will overturn the PTAB on this decision, in light of the way it was already affirmed in Google case. I’ll bet that Gilstrap believes this also. He will ignore the PTAB ruling and proceed with the Micron trial today. I believe Micron will be destroyed in this trial. There’s not much doubt that Micron will appeal the decision. We’ll have to wait to see if the appellate court will hear the case. If it does? Yes. All this will add time - unfortunately.
But what else is new? This has been a long battle and it will continue to stretch out for some time.
I believe the CAFC will overturn the 912 PTAB decision, and there’s a good chance they will also overturn the 060 and 160 decisions.
Bullish
