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Monday, July 15, 2024 11:08:56 AM
As expected, Gilstrap granted Netlist's motion to Withdraw its Motion for Ongoing Royalty, but he also PERMITS Netlist to refile it should the CAFC reverse any decisions of invalidity/unpatentability — essentially denying Samsung's opposition that Netlist should not be permitted to refile the Ongoing Royalty motion at a later time.
This is a big win for Netlist in being able to seek further relief after CAFC appeals, without holding up the case in post trial nor causing any issues the CAFC may have with ongoing royalty to remand and put off finality in the case. Meaning, we can reach finality and get infringement damages paid before taking up further relief such as ongoing royalty — putting further pressure on Samsung to settle at that point should they still resist.
Link to full doc---
https://storage.courtlistener.com/recap/gov.uscourts.txed.211544/gov.uscourts.txed.211544.605.0.pdf
https://sih-st-charts.stocktwits-cdn.com/production/original_579518762.png
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