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Netlist Inc. Message Board

  • stockalerts2010 stockalerts2010 Jul 25, 2010 12:48 PM Flag

    Netlist motion for summary judgement against google is being heard on Tuesday

    Motion hearing is happening Tuesday the 27th at 1:00 P.M. Do you think Google will settle? See filing # 168
    http://dockets.justia.com/docket/california/candce/4:2008cv04144/208489/

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    • quote:
      Motion hearing is happening Tuesday the 27th at 1:00 P.M. Do you think Google will settle? See filing # 168
      http://dockets.justia.com/docket/california/candce/4:2008cv04144/208489/

      NLST asked court for summary judgement because after testimony of JEDEC lawyer and GOOG employee Rob Sprinkle, in NLST's view the facts were all in, thus a judgement could be made without jury trial. Often jury trials are used to ascertain "facts" with judge then ruling based on the facts.

      Since all facts are now known according to NLST, a summary judgement can be made.

      After that GOOG also filed request for summary judgement except of course to overturn NLST position.


      Judge Armstrong has previously pressured both sides to settle early and also disallowed the joint request to consolidate GOOG vs. NLST (this case) and NLST vs. GOOG (timeline maturing later).

      So it is more likely that the judge will accept this request for summary judgement.


      After that, the judge will go about deciding the case.



      What a move to summary judgement does is advance the timeline (from settlement on court steps just prior to jury trial) to this (much earlier) summary judgement period (while the judge is deciding the case).

      I don't know how long judges take to decide the case - days to weeks.


      So while settlement may not be tomorrow, once summary judgement request is accepted, the clock starts ticking, I guess.

      • 1 Reply to vicl2010v
      • Netlist and Google have likely had discussions going on behind closed doors. (Both sides) moved to consolidate the two cases:

        (1) Google's lawsuit against Netlist that includes the request that their servers not be under the threat of being shut down with findings. (No patent(infringement) claimed)

        (2)Netlist lawsuit against Google for patent infringement.

        As far as I know the judge refused to consolidate the two cases as requested, I'm assuming one case being too far along and closer to a (obvious) conclusion?

    • Ye$$$$$

 
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