NetList Inc (NLST)

[100lbStriper]

Just got an update from Rob he said they were going till 6:30.
This was day one so it was mostly jury selection and then we had a couple of witnesses the two witnesses were Noel Whitley and Scott Milton.

A lot of this is Rob's perceptions and how he is reading the jury's body language and facial expressions. Of course this can be speculative but he nailed it pretty good with the Samsung case when it came to that jury.

This jury is comprised of seven women and one man unlike the Samsung jury which was more evenly split. Rob indicated that this jury is more attentive and they take a lot of notes.

Judge gilstrap instructed the jury and that took about 1 hour. During the instructions the judge told the jury that micron cannot challenge the validity of the patents in question.

I told Rob this is probably because they filed a Soterra Stipulation from what I recall or Samsung filed one and Micron joined the Samsung IPR. That stipulation states that if you question the validity during an IPR you agree you cannot do the same in district Court. Someone feel free to fact check me on that

Today was Jason Sheasby and Jennifer Truelove for Netlist on redirect and for Micron it was Melsheimer and Hill.

Rob said that Melsheimer comes across just like Cordell maybe a notch above as far as being a smooth slick talker. He doesn't think that plays well with the jury. It certainly didn't last time for Cordell and Samsung.

Melshimer cross examined Scott Milton and Rob said two of the jurors were kind of looking at each other during the line of questioning like WTF facial expressions. He said the reason is Scott Milton comes across as a very nice honest guy and Melsheimer was just trying to trip him up or confuse him. He said Milton held up very well.

Microns attorney Hill Cross examined Noel Whitley and a very similar reaction occurred with the jury. Three or four were looking at each other and kind of laughing because it didn't seem like the line of questioning pertained.

Rob also said that when Jason and Jennifer redirected, the jury was very attentive and taking notes.

During Jennifer's testimony it came out that Micron asked for a virtual meeting with Netlist in April of 2015. That meeting progressed into a second meeting where Micron requested to come to Netlist in person for the second meeting. The second meeting lasted for several hours.

Micron claimed the meetings produced nothing. However Jason had slides and it was shown where Micron asked what the license fees would be and they were offered a license.

Rob's perception was that the jury had to be thinking okay they didn't want to pay the license fees so they just decided to steal it.

Remember ddr4 came out second quarter of 2014.

That's basically it for today. Rob is going to add more from his notes in the morning. Tomorrow we will get some numbers because Mangione Smith and Kennedy are up to bat.