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Netlist Inc. Message Board

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  • cash2go cash2go Jul 26, 2010 8:44 AM Flag

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

    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?

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    • Yes, GOOG vs. NLST was the first case - where after JEDEC sent letter to GOOG about possible NLST infringment, and NLST communicating with GOOG, GOOG sought protection from court from injunction against it's servers (to prevent stoppage of GOOG servers etc.).

      As a result of that case, GOOG was forced by Judge Armstrong to turn over a GOOG server to NLST lawyers.

      Examination of that server led to NLST filing NLST vs. GOOG.

      Thus GOOG vs. NLST is much farther along.

      Which is why when NLST/GOOG jointly requested that since there will be much repetition in the two cases, that the two cases be consolidated.

      However, after consideration, Judge Armstrong refused to consolidate the cases, citing the advanced nature of GOOG vs. NLST (discovery at advanced stage etc.). And that it would only slow down THIS case if the two were consolidated, and urged the parties to instead focus on early settlement (which they have not done so far).

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