NetList Inc (NLST)

[100lbStriper]

Stokd $NLST Just adding to conversation—from Netlist's Demonstrative.

All of Petitioners' Grounds Are Deficient
-Ellsberry is not printed publication (similar
issue now before the Federal Circuit)
-Ellsberry is not Prior Art: Ellsberry was filed
Jun 1, 2005. Claim 16 disclosed in 244
provisional application (July 2004) and 436
patent (Mar 2005)
-No teaching or suggestion of "the command
signal [being] transmitted to only one DDR
memory device at a time" when there are
multiple devices per rank

Ellsberry Is Not a Patent or Printed Publication under 311(b)
-Priority date for the claim: no later than July 1, 2005
-Ellsberry is not a patent
-Ellsberry was published on 12/7/2006, after 7/1/2005

Issue Is Currently Being Briefed at Federal Circuit (Lynk Labs v Samsung)
-Whether the Board erred in determining that the Martin reference, a published and later abandoned U.S. patent application that could only be prior art under pre AIA35§102(e)(1), can be applied in an IP as a "printed publication"under 35
U.S.C.§311(b)
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