A huge difference in this lawsuit and the reason why the law firm is willing to do it on contingency fee basis is because of the fact that three of the patents are battle tested and survived multiple IPRs.
The initial drop in price is caused by fear that this would increase legal expenses for NLST. Once the market realize that this lawsuit does NOT increase NLST's legal expense, the price will go back up again and focus on the the size of the settlement just from Hynix alone. The CFO already confirmed on the CC that this lawsuit would not increase legal expenses ('legal expenses will be flat'). A large law firm would only invest this much money on a lawsuit if the settlement or award will be huge.
Sounds like lawyer is working on a contingency fee basis. See Q&A doc on company website.
As I noted on the new board, every company keep an updated S3 around. It's the 424B5 filing that means anything. Whether they will actually file a 424B5 in a few months will depend on whether licensing deals are signed, EV3 and NV4 product sales, and more importantly, the next phase of the Samsung deal..will they license or buy the HybriDIMM NVDIMM-P tech from Netlist, or buy the whole company. So many possibilities in just a couple of months!
You know what's more dangerous than trying to catch a falling knife? It's trying to prevent a rocket from launching by piling money on top of the rocket.
From 11/19/2015 8K filing:
"Both parties may enter into an additional agreement in the future for Samsung to be granted commercial license for the Company’s NVDIMM-P technology. The JDLA also includes a Right of First Refusal wherein the Company will provide Samsung the right to acquire the Company’s NVDIMM-P technology in a separate, subsequent transaction before the Company offers the technology to a third party."
Any guesses on how much NLST CEO would be willing to sell NVDIMM-P (HybriDIMM) to Samsung for? How much for the whole company now that key seminal LRDIMM and NVDIMM patents have survived IPR and re-exams, and the NV4, EV3, and now HybriDIMM products have been developed?
Also keep in mind that they will be doing a mobile version of HybriDIMM (HyperVault) as well. Ultimately, my hope is that they will get bought out by Samsung or any other company that fully recognize the value of Netlist's patents. With the '537 Reexam Certificate being issued last week and the comment on the earnings call about being in detailed negotiation, I would expect LRDIMM and potentially NVDIMM related patent licensing deal to be announced very soon.
Another interesting piece of info from the insidehpc site: "Xilinx and Integrated Device Technology (IDT) have also partnered with Netlist to create an ecosystem that drives broad adoption of HybriDIMM in the market place."
Official PR on HybriDIMM (p.k.a. HyperVault) have not even been released yet, and the stock is already moving on reports from the Flash Memory Summit! Can't wait to see what happens when the official PR goes out the the main stream tech media start talking about HybriDIMM!
Huge focus on Storage Class Memory in the Flash Memory Summit next week! HyperVault will be getting a lot of attention next week! Similar to last year, Netlist will likely put out a PR on Monday announcing what they will be showcasing in the Flash Memory Summit. Anyone dare to bet HyperVault won't be on the list?
I dare you to hold a short position over this weekend!!!
With the latest update posted this morning (8/1/16), the timing of "available for enforcement" is no longer an educated guess, it is now a public fact. Good luck to all the true believers!
Anyone selling must not know about 7/15/16, 7/20/16, [8/1/16 or 8/2/16] and is betting against 8/3/16. It's going to be an exciting week next week!