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100lbStriper

06/30/24 10:14 AM

#24491 RE: 100lbStriper #24490

Stokd
1:14 AM

$NLST Politics aside—regardless of leaning—the reason Netlist is still litigating while infringement continues, is the administrative state—USPTO/PTAB & ITC.

Google CA case was stayed for 10+ years while the USPTO allowed and conducted numerous reviews and reexaminations of the 912 patent. Stayed again now pending PTAB 912 IPR appeal.

SK Hynix case was wrapped up at the ITC—seeking international injunction—but the extent of nonsense and influence was enough for Netlist to not go there again.

PTAB instituted IPRs for infringers and invalidated Netlist patents using administrative patent judges with the help of USPTO Dir Vidal, who used her discretion to allow institution despite time bar and RPI/Privity between Google/Samsung.

District Court cases are stayed to await PTAB decisions, trials are cancelled. Some are kept stayed till CAFC appeals conclude. Transfer of our WD case was denied pending PTAB appeal.

Investors are hurt by the administrative branch at every step of the process.
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