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Monday, July 15, 2024 1:27:43 PM
Rightful to assume Gilstrap was awaiting BOC trial/final judgment before addressing 463 Ongoing Royalty. But with it now not a factor and withdrawn, there's nothing to hold up a ruling on Samsung’s JMOL/New Trial in 463 case, as neither have anything to do with BOC case and licensing.
A word search in JMOL for “breach" “BOC" “CD” “California" “Scarsi” render no results.
JMOL Table Of Contents shows nothing related to BOC—as there shouldn't be—because JMOL/New Trial can only address matters/what occurred during 463 trial. And BOC could not/was not an issue or factor at trial, nor post trial—given BOC trial concluded in Netlist win—regardless that final judgment hasn't issued yet.
Remember, Samsung already filed JMOL at trial—was denied—and had to file renewed JMOL post trial to preserve the issues for their CAFC appeal.
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