NLST Netlist Inc

$NLST Order from the CAFC in the 912 and 417/215 appeals! IT IS ORDERED THAT: (2) The United States Patent and Trademark Office is directed to inform us within seven days of the date of entry of this order whether it wishes to intervene. No further briefing or argument is anticipated.

$NLST Something else with the EagleView example cited by Netlist in their motion that wasn't mentioned—while I was looking into other non-cited examples that support—among other similarities is that during the EagleView CAFC appeal there was a parallel stayed case with a non-related third party pending the patent's validity outcome...just like with Google & 912! 🎯 "When EagleView and Nearmap settled their litigation, there was actually a parallel, stayed patent-infringement lawsuit in the exact same district court (EagleView v. GAF) involving a subset of the same patents. Despite GAF being a completely non-related third party whose case was stayed pending the validity outcome, the USPTO Director moved forward with the remand and vacated the Board's invalidity decision." "Yes, the USPTO Director absolutely can—and historically does—still step in to vacate an unpatentability ruling, even if a live controversy exists with a separate, non-settling party in a stayed district court case."

$NLST Perhaps it helps if with today's CAFC order posted earlier I reposted the motion, for context, which is what CAFC granted today giving USPTO 7 days to let CAFC know of their intent to intervene (and approach) in the 912 (+215/417) appeals...along with Micron's withdrawal as one combined order, thereby mooting Netlist's separate motion — semantics but explaining for any thrown off by that "denial". For clarity, another post today explored the difference between the two strategies/paths the UPSTO Director's intervention may follow, Sony-v-Iancu or Xencor-v-Vidal, and we're awaiting for Director Squires next move, who is familiar with and supportive of Netlist—given circumstance not bias—and as you can see with the following quote from Netlist in their motion, they indicate the two paths referenced above for Squires, like an assist: "the Court direct the PTO to inform it whether the PTO wishes to intervene (Sony ex) or otherwise address the proper disposition of this case (Xencor ex)"

$NLST Thinking out loud: considering the many similarities between the Eagle View case and Netlist’s ’912 case — and the fact that Squires’ final Eagle View decision came only on September 23 — I wonder whether Netlist intentionally compromised on the Micron settlement, giving up some potential upside in exchange for settling as quickly as possible in order to: * get Micron to withdraw from the ’912 appeal; * prompt the CAFC to ask the USPTO whether it wants to intervene; and * keep the gap from the Eagle View outcome as short as possible, so that the Eagle View reasoning would still be very fresh when the CAFC put the question to the USPTO. Maybe coincidence — but the timing is certainly interesting.

$NLST Memory stocks have been facing selling pressure since Monday as investors worry about rising competition. The latest trigger came from China's ChangXin Memory Technologies, which reported progress on a new DRAM architecture that it claims could boost memory density by 30-50%. SK Hynix and Samsung Electronics dropped more than 10% and 7%, respectively, yesterday. Both touched their lowest levels since August. Micron Technology, Sandisk Corporation, Seagate and Western Digital Corporation have also come under pressure. Over the past two trading sessions, shares have fallen 4.4%, 6.2%, 4.5% and 4.1%, respectively. The sell-off may be getting ahead of itself. Although CXMT's technological progress could intensify competition over time, the company needs to prove that it can make its chips at scale. Legacy memory makers still hold a technological lead over CXMT. This pullback could present an opportunity rather than a reason to panic.

$NLST it's been nearly 4 years since the kunt Kathi Vidal institude an IPR reexamination of a CAFC unanimously validated patent 912. We now have 7 days untill we hear of director John Squires response. Hopefully to bitch slap Kathi Vidal's underhanded move to invalidate claim 16 under dubious claims construction.

$NLST I'm doing a trifecta parlay. 1. SK DEAL. 2. 912 ANSWER. 3. EARNING REPORT. I Dont know what the payout will be, BUT we'll ALL BE HAPPY 😁

$NLST Availability Netlist LIGHTNING ULL DDR5 RDIMMs are available now for qualification and deployment in enterprise workstations and server platforms. Customers may contact Netlist sales for platform compatibility information and evaluation samples.

$NLST I always hate to get ahead of ourselves. Let’s just take a deep breath and let things play out. Having said that, I do have to say I feel that everything has changed regarding Netlist. I feel now it feels like everyone feels the right side is to be aligned with netlist. The courts, the Ptab now they all can join the club and be correct and stand up for what’s right. It’s now netlist, Samsung,micron all together and rich google as the only thief left that needs to just write a check. It seems like it only a given that that’s gonna happen. SK Hynix is a given and just a negotiation. They were a partner before and certainly will sign a fair deal.

$NLST Anthropic is likely to kick off its highly anticipated IPO this fall, with Wall Street looking at a record $2 trillion valuation. Anthropic brought in $16.8 billion in revenue in the third quarter, up from $11.5 billion in the second quarter. Its year-over-year growth is likely in the 1,000% range. No other company in history has gotten this big, this fast, as Anthropic has reached run rate revenue of $67 billion in less than six years. Big tech companies that dominate the market today don't even come close to what Anthropic has achieved. Alphabet took roughly 16 years to hit $65 billion in annual revenue, while Meta took about 15 years. Both companies had less than $1 billion in revenue five years after their founding. Anthropic's success is the clearest sign yet that the AI boom is sustainable. The growth shows how much demand there is for AI; it is surging…...despite talk about circular financing and bloated valuations. Anthropic's recent profit shows that its growth is real.

$NLST I remember months ago when everyone was saying that Netlist can't settle with Micron before the CAFC decides on the 912 or else the patent will remain invalid for good, Stokd kept preaching that the USPTO director will intervene one way or another. That's what's happening as we uncover more, and all I know is to trust our contributors and the process, good things are coming.

$NLST Something worth keeping an eye on regarding NLST’s ’912 patent. Remember, the ’912 was previously upheld by the PTAB and affirmed by the CAFC in 2020. Director Squires recently vacated an IPR in a similar situation involving EagleView, where an earlier favorable patentability decision had also been affirmed by the CAFC. If the ’912 gets remanded back to the USPTO, Squires could potentially take the same approach. Nothing is guaranteed, but considering the history of the ’912 and the recent settlements, I believe Netlist has a compelling argument here. This could turn out to be a very significant development for all of us who internally may have written the 912 off. Thanks & for all of the documentation you provided!

$NLST Analog to the Eagle View case: Squires appears to have it in his hands to ask the CAFC for a remand... If he does so next week, I hope stokd has some fire left ! If he will not ask for a remand, CAFC will most likely decide based on merits. So, I HOPE that Squires has sufficient time (one week is not very much). But IF Squires recalls this case or if he has time, he "must" consider that the CAFC has ruled already in 2020, that the IPR petitioner settled, and that Google does definetly not deserve this second chance ! Squire has it in his hands - as evidenced by the Eagle View case ! (Sure CAFC needs to grant, but if Squires asks for a remand, CAFC most likely will).

$NLST Now, with over $200 million in NET annual profits, Netlist will finally be able to hire a large number of engineers—hopefully opening a new facility in Texas while keeping the one in California operational—which will allow them to launch 5 to 10 new products and create fresh opportunities. If you have access to $600–$700 million worth of memory—from Samsung and SK Hynix—it means you can transform that volume of memory into your own proprietary products and show huge amount of new profits

$NLST Indeed ! Definetly there is no certainty on how Squires next week will respond to the CAFC, and despite striking similarities between Eagle and NLSt, there would be also a difference between the legal/technical arguments regarding why he seeks remand back to the USPTO (if granted by the CAFC - jurisdiction would go back to the USPTO). In his recent sua sponte Director Review, he not only vacated the adverse Vidal PTAB FWD on the IPR petitioned in 2022, but he even vacated restrospectively the institution of that IPR, meaning: not appealable (even though: who could even appeal in our case....when we have settled with petitioners Samsung and MU). That would be the end of the saga. But again: nobody can predict what how Squires/USPTO will respond next week. He may also deny intervention and then CAFC decides based on merits. Up to now I have been almost writting off 912 - or considered it as the icing on the cake, because (expired) 912 is not the future. But alone for justice.....

$NLST Absolute speculation but I wonder if it was part of Chuck's plan the whole time to get the 912' back to Squires. Did the legal team talk about the importance of getting Micron done ahead of a CAFC decision to try another bite at the invalidation apple to keep Google on the hook longer?

$NLST I think it’s reasonable to expect a run up to what will be record breaking earnings. Today might be the start of that…

$NLST Netlist posted job listings for a Controller and Senior FP&A Analyst last week! We are going back to NASDAQ soon!

$NLST Sometimes I wish I had majored in corporate law instead of French poetry but luckily I have made good use of my fallback wine appreciation degree.... I don't think my professor would have approved of red solo cups and ice but I figured I'd branch out for my masters.....😄

$NLST Chuck Hong is so patient, he could wait for a pot of water to boil in a refrigerator