Actually, this case didn't have anything to do with the theft of product. It was purely a contract dispute. It was to determine damages to NetList caused by Samsung's failure to honor the contract to supply Netlist with product.
Licensing negotiations will follow. Samsung had a license as part of the contract so during the time the contract was in effect they weren't stealing. But as soon as the contract ended they had no right to the tech.
I haven't seen a definitive date for the end of the contract. Was it when NetList terminated it or was it earlier when Samsung refused to honor the terms? Samsung admitted they were in breach of the contract. It's just a matter of when. The licensing period, which is still to be negotiated, will start from that date. Payment should be back dated for for usage outside the contract term.
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