Update on Netlist v. Diablo - could be what's initiated the volume
I just popped into PACER and updated myself on our favorite court case. Readers Digest - Diablo/SMART STORAGE are begging the court to 'stay' the case until the patents are finalized through the USPTO. Keyword there was BEGGING.
Here's a pathetic excerpt from the latest filing uploaded to PACER yesterday -
Diablo/SMART lawyers posit, "The product at issue, ULLtraDIMM, is a flash storage device that is an improvement on a traditional DIMM memory stick, not a hybrid memory module as alleged by Netlist. "
BWAHAHAAHAHAH! Nice try DiaBLOWS! The ULLtraDIMMwit lawyers are basically saying that Diablo's DIMM chipset with DRAM and NAND on it is 'NOT' a hybrid memory module .... BWAHAHAHAHAHAH. That. Is. Comical.
That's a pathetic argument from Diablo! What new product isn't an improvement of an existing product? Besides, even if they used various Netlist's IPs to build a completely different product, it does not change the fact that they stole trade secrets and is using Netlist IPs without license.
You are so right! Let see, years ago in the old tech days a new innovative add-on might have been called a Component or Buffer. Netlist creates a Memory Module to speed the transfer of data. Diablo rebrands the IP a Memory Stick in a classic IP theft. The USPTO has already confirmed that the IP belongs to Netlist in the majority of the re-exams, that are not still under review. Let the Courts decide this fall and next spring if Diablo and the rest want to drag this out. This is all a win-win for Netlist.
Before we read this, let's consider why Netlist wouldn't have indicated Diablo or Smart Storage as competitors in their SEC filing -
Diablo Lawyer - "Netlist has attempted to narrow the appeal and customer base for the ULLtraDIMM product by inventing a “hybrid memory devices” market that it allegedly dominates (see Opp. at 4), but Netlist cannot define the exact parameters of this arbitrarily created market. Netlist does not explain whether this market has a particular customer base, nor which companies are in this market or whether Smart Storage or Diablo currently have a share. In fact, in its March 2014 SEC filing, Netlist listed as its competitors only “SK hynix [sic], Samsung, and Micron” as well as “STEC, SMART Modular Technologies, Inc., Agigatech, and Viking Interworks,” and made no mention of Diablo or Smart Storage."
These Diablow lawyers are reaching so far around to the back that they look past the fact that Diablo received the architecture for ULLtraDIMM from Netlist before the ULLtraDIMM ever existed. Diablo copied Netlist's IP and rebranded it knowing Netlist had the tech on the hybrid DRAM / NAND memory market. This act of theft does not make Diablo a competitor, it makes Diablo a THIEF.