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Monday, January 26, 2026 2:24:57 PM
I'm not so sure SK Hynix will be negotiating from the same position of strength as they were when the last license agreement was signed. There are several reasons why I believe this:
1. Netlist now has several patent wins in a court of law by a judge and jury and even though they are not finalized yet the odds are in Netlist favor with high probability they will remain intact and eventually be finalized as wins.
2. The timing of the lawsuit before the ITC is strategic in more ways than one. It gives considerable leverage to Netlist in their negotiations with SK Hynix. If negotiations break down Netlist can add them to the ITC case as long as it's done before the completion of Fact Discovery which in the ITC suit is June 8, 2026. This possibility is and will be hanging over SK Hynix during this license negotiating period.
3. SK Hynix has watched Netlist (Chuck Hong) wadge these battles against patent infringers so they know he is tenacious and will do whatever it takes to continue to pursue justice no matter the cost. SK has already settled with Netlist once so that settlement in and of itself adds to the validity of Netlist patents. In other words, it would be hard for them to now say in a court of law, "well yes we did agree Netlist patents were valid but now we don't."
So yes, I think Netlist has armed themselves with enough leverage in this negotiation process with SK Hynix to get a really favorable outcome this time around. All of this of course is my opinion based on my DD. Everyone please do your own research and come to your own conclusions.
1. Netlist now has several patent wins in a court of law by a judge and jury and even though they are not finalized yet the odds are in Netlist favor with high probability they will remain intact and eventually be finalized as wins.
2. The timing of the lawsuit before the ITC is strategic in more ways than one. It gives considerable leverage to Netlist in their negotiations with SK Hynix. If negotiations break down Netlist can add them to the ITC case as long as it's done before the completion of Fact Discovery which in the ITC suit is June 8, 2026. This possibility is and will be hanging over SK Hynix during this license negotiating period.
3. SK Hynix has watched Netlist (Chuck Hong) wadge these battles against patent infringers so they know he is tenacious and will do whatever it takes to continue to pursue justice no matter the cost. SK has already settled with Netlist once so that settlement in and of itself adds to the validity of Netlist patents. In other words, it would be hard for them to now say in a court of law, "well yes we did agree Netlist patents were valid but now we don't."
So yes, I think Netlist has armed themselves with enough leverage in this negotiation process with SK Hynix to get a really favorable outcome this time around. All of this of course is my opinion based on my DD. Everyone please do your own research and come to your own conclusions.
Bullish
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