Netlist Inc (QB) (NLST) News

Stokd $NLST *Timeline To Finality/CAFC Chart*

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Stokd
Oct 04, 2024 1:23 PM

$NLST Just a PSA 🙏🏼 for the cause.
If you want to help someone, the last thing you want to do is repost an old not current version of my litigation chart—identifiable when no longer pinned at top of my profile—which will also create confusion for others on the board. Essentially, negating the intended purpose of my efforts.

The best way to proceed is by guiding someone to my profile, them putting in some effort to find the chart, where they can also see all posts that followed and recognize any changes/developments since the last version...putting everything in context.

As fluid and ever evolving everything is concerning litigation, you have to be aware that it may be misleading to rely on or share an older version of the chart. If you're compelled to do so instead of taking my advice above, just add a disclaimer and advise to check subsequent posts for any new developments. 🍻

Hang tight...an updated version is coming soon!

I'm a little surprised that Stokd hasn't updated his Litigation timeline chart. There's been changes to court dates for the #0293 case. Have I missed one of his updates?

i love it. scamsong is telling gilstrap how they want the trial to be conducted, classic, is yoder still alive???

Case 2:22-cv-00293-JRG Document 795 Filed 10/04/24

SAMSUNG’S RESPONSE TO NETLIST’S
PROFFER REGARDING STANDARD ESSENTIALITY (DKT. 776)

https://storage.courtlistener.com/recap/gov.uscourts.txed.216364/gov.uscourts.txed.216364.795.0.pdf

nlst pre trial victory song..........

robcobb $NLST To me in the upcoming (293 Samsung trial),Jason’s biggest task will be to debunk the testimony of Joseph McAlexander Samsungs most credible expert witness (IMO).I have witnessed Mr.McAlexander on the stand more than once and you can tell he really knows his stuff! In the Samsung 463 trial,Jason proved to the jury that Samsung did not provide Mr.McAlexander with all the technical data so that he could make an accurate and reliable analysis of the patents in question! So I will be very interested in hearing judge Gilstraps ruling next Tuesday on motion 359(Nlst Daubert motion re McAlexander).This is where Judge Gilstrap will decide what testimony Mr. McAlexander can give and not give at trial! I will have my job cut out for me keeping up with the rulings next Tuesday,but I will be very attentive to (motion 359)and will do my best to capture Judge Gilstraps ruling as I think this motion will be very important! It has been very uneventful lately and I am ready for some action!GLLs

NLST The humorous and great thing about Gilstrap granting the parties joint motion to extend deadlines, is that he did so one day after Micron's deadline. Hence, Micron already filed their Replies—which I posted about last night—and at this point the granting of the motion only helps Netlist with a 2 week extension to file Sur-Replies.
Kind of poetic justice! 😂
Link to full filing/order below—
https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.181.0.pdf

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lets see if we have any fun next week with pre trial motions!!!

Keep it up and you'll own the company.
With the way Gail sells, you've probably got as many as her until she gets her next set of allotted shares to sell.

they are minipulating it they are covering their short I believe.

its all fake share representation, they did the same thing to me the other day.......... https://investorshub.advfn.com/boards/read_msg.aspx?message_id=175167516

filled 2140 @ 1.14 must be going lower

so it just dropped to 1.14 and someone jumps my bid with 3000 bid looks like shorts are covering to me

I'll play thier game if they lower the ask to 1.15 I'll cancle my 1.14 bid and hit the 1.15 ask

just put an order in for 2140 shares at 1.14 we'll see if it fills before close....

Case 2:22-cv-00294-JRG Document 181 Filed 10/04/24

https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.181.0.pdf

Having considered the Motion for Extension, and noting its joint nature, the Court finds
that the same should be and hereby is GRANTED. Accordingly, it is ORDERED that the parties’
deadlines for the Post-Trial Motions are extended according to the new proposed schedule above.
.
____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE So ORDERED and SIGNED this 4th day of October, 202

Stokd $NLST Interesting how things play out sometimes. Remember when on Sept 27th (top pic below) Netlist & Micron filed a Joint Motion To Extend Deadlines by a week for replies on Micron's post trial motions in the 294 case — which is the last step before it goes to the CAFC, as Gilstrap already issued Final Judgment affirming Netlist's jury verdict.

Well, Gilstrap never ruled on it—neither granted or denied—so Micron this evening (bottom pic) on the initial deadline filed their Replies—all sealed. Goes to show that things can move on schedule when there is no alternative. I like it, and Gilstrap's silence/inaction speaks volumes....no more delays!

The sequence of events are:
- Micron filed their motions
- Netlist filed their Responses
- Micron filed their Replies to Responses
- Netlist's Sur-Replies are to follow on the original deadlined of Oct 17th
- Then it's in the judges hands for a decision.

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Stokd $NLST Maybe the hold up with Scarsi was the long 10 day trial he presided over that concludes today. Let's see what happens now without it taking up his time and mind.

The amount of substance and issues in Samsung's post trial motions for Scarsi to parse through and rule on are not simple or the norm—given the nature of Samsung and their tendency to make everything messy and complex—and then issuing final judgment on top of that is a task on its own.

Every day brings us closer to conclusion or to a pivotal point in some aspects of litigation, and just as you can't stop time, you can't stop progress....as slow as it may be — “The wheels of justice turn slowly, but grind exceedingly fine”.
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That's what I like to hear thanks

GIMME MONEY

oh yeah!!!

nope they are liable for the duration they infringed. long story short, they pay us one big time, jury award plus interest, any royalties, court costs, etc.. and case is closed with no ongoing relationship with the company. both ways they lose.......

They absolutely are.

So what if patents expires are they still not held liable for 15yrs of infringement?

i thought you knew this court drama was based on the novel of war and peace??? long story........many variables........but yes, a conclusion!!! keep the dogs ready!!!

Don’t worry folks, the show is far from over. is that supposed to be a good thing???


I'm sic of waiting.

TOMKiLA $NLST Netlist just needs to get cash from damages to survive and generate active interests from cash.
In fact today banks pay 3/4% interest and if Netlist had a billion $ cash, it could generate between 30 and 40 million gross $ per year or 8/10 million in active interests per quarter. Clearly this is all hot air because there are battles underway but only two cases have assessed 700 million $ of damages and 4/5 other large cases are missing.

concrete hypothesis. If 912 passes the cafc appeal given the long sequence of positive news in the past, netlist would likely get 400 and 600 million $ from micron and samsung + royalties. so potentially a billion cash in damages and hundreds of millions extra in royalties. The game is over with only a single patent won. The downside would be the end of life of the 912 patent in 2025/6 if I remember correctly. Yet netlist celebrates with a billion $ in cash.

Ps: almost all other patents expire after 2030 so be positive

robcobb $NLST We know from shareholders at the annual meeting that Gail was in a non dilutive negotiation for financing to carry on the fight for their IP.Question is when would this deal take place?Will Chuck wait till the BOC decision or after the Samsung 293 trial finality,or the 294 JMOL decision?Another question would be if any or all of these rulings in Nlst favor move the needle enough to activate the 3.20 warrants,where Chuck would be able to raise more cash without a non dilutive deal?In the past (and I have been here for over 10 years)Chuck is usually preemptive in his decisions when it comes to raising cash!Only time will tell the answers to these questions.The Oct 8 Pre-trial is almost here where I believe a little excitement will start again for the Nlst long shareholders! I will be there barring any unforeseen problems leading into the Pre-trial. I am anxious to see if Ruffin Cordell is back at lead for Samsung ,their best lead(IMO).All these questions will be soon answered.GLLs

Stokd $NLST Don’t worry folks, the show is far from over. There is CAFC oral arguments, CAFC decisions, District Court trials, all to come…doesn’t get more thrilling. I’ve written how during the appeal phase we get access to watch Oral Arguments...it's getting closer.

Months ago in the 523 appeal I posted that CAFC asked if any conflicts during a 6 month period. It's been unusually long and a date for Orals should have been set...it’s not the norm and shouldn’t be expected with other appeals. Perhaps something with Netlist's new appeal attorney added while awaiting CAFC to set a date — tricky time for new counsel just prior oral argument.

Anyway, plenty of action to come…though, companion cases—463 & 060/160/918/054/339 ptnts—may be heard at an oral hearing together. Regardless, with the amount of litigation at CAFC now and plenty infringement trials still to come through, there's many CAFC oral arguments to watch. And when a CAFC appeal concludes in Netlist’s favor...what a catalyst!

Stokd $NLST *Timeline To Finality/CAFC Chart*

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SilviaJ $NLST NLST's 506 patent appeal is also moving along nicely; Netlist submitted its Opening Brief on August 1st.

BTW - In that brief, NLST isn't simply asking for the court remand the decision back to the PTAB to review their errors, they are asking the CAFC to overturn the entire PTAB decision. Yikes....

Anyway, Samsung and Micron asked for an extension to submit their Briefs; they are both due next Thursday, Oct 10th.
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SilviaJ $NLST I misspoke about the 314 patent being furthest along in CAFC. The 523 is actually further along. I made a mistake by simply looking at the last entries appearing on Pacer.

As a matter of fact, the court has requested potential conflict dates for the oral arguments and Samsung has given a laundry list of other court cases they have; and other dates they cannot make......like a pre-planned vacation. Oh, please...

The Briefs and Reply Briefs were completed in April and the 6 copies of the joint appendix were required by the beginning of May (item 27).

And finally, the court may have been trying to get Samsung to an Oral Hearing in August. And that makes sense because my previous chart showed that "calendaring" for oral arguments takes approximately 90 days (3 months from May is August)

We have to monitor this one pretty closely in the coming days and weeks. Oral arguments this month anyone?

Also, infringement jury trial coming on February 3rd; time to pay up!

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I fear we have become the Evil Empire. Just sayin'...

Wow that ruling could really be big for NLST not only as for greater patent infringement awards but also for greater leverage in out of court settlement negotiations. Thanks for posting.

SilviaJ $NLST The patent case furthest along in the appeals court (CAFC) is NLST's 314 patent. Last week on Sept 27th, NLST filed its long awaited 80 page Response Brief (they needed 2 extensions in order to complete it)

As a result, we are awaiting Samsung's Reply Brief which is due within 21 days (Oct 18th).

Less than 2 weeks later, if no motions are pending, the case will then be sent to calendaring for Oral Arguments. In that case (at the PTAB), all claims were deemed patentable.

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Stokd $NLST Part-1
I often discuss timing as it relates to different aspects of Netlist's litigation. What I attempt to articulate is that it's futile to judge timing on current circumstances since we can't know if timing is positive or negative till well after the fact, and I contend till after all litigation concludes.

There are many ongoing timing considerations, the best way for things to play out garnering the most of what is owed to Netlist is something only our legal team understands, and nothing we can control. Staying open minded and patient is key...as hard as it may be at times.

One aspect regarding certain stayed cases and timing is that it may in the end work out better that some cases/trials—like Micron 203—were stayed till other aspects conclude or patent laws/developments evolve to be more protective/supportive of patent holders against efficient infringement.

For instance, recovering patent damages in US courts for foreign sales, specially if our German cases don't succeed.

NLST Part-2
New article below — ‘Patent damages for sales abroad - potential expansion of the law’ — “American patent law is evolving to allow damages for foreign sales of infringing products. Both American companies making sales abroad and foreign companies with exposure to American supply chains should take note. Previous strategies to potentially escape the reach of the U.S. patent laws may no longer be useful.”

“Today, foreign patent damages are available even for direct infringement under § 271(a), and even when using a reasonable royalty theory of damages”

“it will be up to trial courts to begin coloring in the picture of what kind of causal connection must connect the domestic infringing act and the foreign sales.”

“Global companies should also beware the corresponding increase in the scope of discovery in US patent cases alleging foreign sales. Materials proving foreign sales will now be fair game in many disputes where they previously wouldn’t have been.”
https://www.jdsupra.com/legalnews/patent-damages-for-sales-abroad-2147567/

Stokd $NLST Part-3
And another article of many on the subject — ‘Federal Circuit Expands the Potential for Recovering Damages Based on Foreign Sales In Patent Cases’ — “In a precedential decision issued on March 27, 2024, the United States Court of Appeals for the Federal Circuit clarified that patent owners may recover reasonable royalty patent damages for foreign sales if an act of infringement under the patent statute occurs domestically and was the proximate cause of the foreign sales.”

“The Supreme Court held that the patent owner could recover for lost foreign profits proximately caused by domestic acts of indirect infringement (i.e., making-and-exporting components from the United States to an overseas location).”

“In patent cases, global extraterritorial damages may be significant. Unresolved questions regarding the specific level of causation required to collect damages for foreign sales undoubtedly will be addressed in future cases."
https://www.eckertseamans.com/legal-updates/federal-circuit-expands-the-potential-for-recovering-damages-based-on-foreign-sales-in-patent-cases

nice!

this is just one of the reasons i agree with you about the shelf life, and the next new thing.....

pay attention at how fast the market cap of super micro computers changes after the success of some products.

https://investorshub.advfn.com/boards/read_msg.aspx?message_id=175170182

NLST pay attention at how fast the market cap of super micro computers changes after the success of some products. Well, this could be an indicator of what could happen with netlist in the next months/years.
In the case of netlist we are talking about cxl hybrdimm as a product + of course the big legal battles worth billions.

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this is our next tec boom in the market. we need to get this litigation settled and get back on the naz, really..... and yeah my patience is worn lol!!!

6 days, the count down is on.

TOMKiLA $NLST Rightly all of us shareholders are disappointed by the timing of these processes, a huge damage both for us shareholders and for netlist but I remind everyone that we are talking about a company that from one day to the next could find itself with billions of $ cash and 3 separate agreements with these giants.

It is essential to understand that Samsung, Micron and Google are accumulating damages and royalties for a multi-billion dollar exposure.
for example Netlist could find a deal with SK Hynix that is bigger and more important than the previous one but softer than the one it would get with Samsung and Micron in order to have the certainty of a solid partner.

What we are interested in knowing is that Netlist can surprise the market with a deal already next year with SK Hynix and starting from April 2026.
Cash, royalties and new resale of SK products would give a certainty of victory.

the dialogue starting at 1:48 is classic for about 10seconds, as these guys are with a legend, and they know it. the king..

feels good just to do it but i dont go lookin for it. i think they need to hire papa chubby for the nlst vegas party their talkin about.
lol!!! i luv the guitar strap!!! and that beat up 66 strat hes bangin is worth quite a bit!!!

but i'll always help some one out if i can......

God will lov ya for that.

$NLST ''specially set'' What is a special set hearing in Texas?
A special set hearing means that your hearing is the only hearing set before the court on that date and time. Hearings are sometimes set on a general docket, where a number of cases are set on the same date and time, meaning that the court may not have time to hear all the cases set and some will have to be continued.

PRE TRIAL in 7 days 10-8 and 9 if needed, all motions will be heard as our case will be the only one in straps court that day or days. the court wiped the schedule clean so this could be done. they will lose all counts in front of a jury in november.

specially set

https://storage.courtlistener.com/recap/gov.uscourts.txed.216364/gov.uscourts.txed.216364.791.0.pdf

ok cool, i'm just getting frugal in my old age, but every now and then i'll buy a hustler out in front of the wawa a breakfast when i get my coffee in the morning lol!! i know they just want the money but i tell them when they ask, whats your game, you really need something to eat??? and i get this look, and then they come off clean, and i freak them out and say come on get what you want. its kind of funny cuz they dont know how to act!!! ya gotta see it from my point of view cuz i look like i dont have a dime to my name lol !!! but i'll always help some one out if i can......

edit........oh, and i forgot to also say, i dont ever give them a cent. they either get something to eat, or tell me no thx i'm not hungry!

lol thxs buddy But i'msure I'll be able to handle my bill