So Diablo lies on the stand, no surprise and jury likely to be majorly influenced by his lies pertaining to a simple middle finger diagram.
The Court’s ruling was as clear as the contract itself: “The language of the Supply Agreement limits the Diablo Standard Register to the ‘register’ portion of the Netlist Chipset, and does not mention the ‘set of isolation devices’ or ID chip portion of the Netlist Chipset defined in section 1.”5 Simply, Diablo was prohibited from such use of the ID Chips, and any such use was a breach of Sections 2, 7, and/or 8 of the Supply Agreement
The Judge already commented on her pre-trial disagreement with the jury verdict, she indicated she would propose "the motion (to dissolve the injunction) raises a substantial issue', which would lead to proceedings where she still has the option of maintaining the injunction. April 10th.
GOOG and IPHI were delayed because of USPTO re-exams, SanDisk has several patents that they couldn't send to USPTO so there is the potential for the injunction to remain.
Netlist is the creator of NVDIMM, they own the seminal patents, they will likely license IP from the others. Netlist has also made and shipped the most NVDIMM to date, by far. They are the pioneer in NVDIMMs.
Interesting point that I wasn't aware of, Hong didn't want to divulge the IP at that time, a la Coca-Cola. The IP was criminally leaked by Diablo, that is another wrinkle in the case in the matter of damages, i.e. how to quantify.
I'd guess that Mellor has had chats with SNDK side of the equation, its his job to deal with the big names, seems like that was a message from SNDK to the public.
When the spectre of an injunction was facing Netlist, back when Smart Mod filed in 2012, the sentiment was that the market would be wary of buying HCDIMM because of the injunction, it certainly didn't help sales. People here said Netlist was done. Now that SanDisk is facing a stronger patent infringement case, the market is still going to be wary of buying UDIMM in mass quantity.
"For example, Microsoft bought, I think, 60,000 or 70,000 servers from Dell with FBDIMM, with our FBDIMM technology in that. So indirectly those hyperscale customers saw us, but they weren’t talking with us directly. Now we are talking directly with those types of customers. 23:00 And as we engage, a lot of them want to move away from OEM models. They’re building their own or they’re working with the infrastructure from basically out of Taiwan, where they don’t need a nameplate on the server. So they don’t want to pay for the two-three or four digits on the server, 20% margins, and they say, “Look, I can eliminate that. Intel will sell to me directly. Seagate, Western Digital will sell to me directly. I can get motherboards directly. Netlist, will you sell to me directly?” And so we’re in that space now, where they’re finally ready to do that, so we’re working with the infrastructure now that’s in place with those hyperscale customers, which gives us kind of another sales force to other hyperscale customers because when you have infrastructure players qualify you and ready for Customer A, then it’s a lot easier for Customer B and C to now take that existing server platform, say, from Quanta, right? They’re selling to everybody. For Quanta now has a platform with our NVDIMMs qualified and they can take that to, you know, hyperscale target B, C, and D, right? As we’re continuing to work with A. So we’re excited about that. Q. How far away are we from being….. A. (Chris Lopes) I think that happens on an accelerated path once it’s announced and once they see what their competition is actually doing with it. So I can’t comment on, you know, are there three horses in the race today? I can’t comment on that. I think they’re just getting out of the gate and one is way down the path. So, you know, maybe another six months to see that kind of action. And once we announce, to see other people go..."
Netlist invented NVDIMM, they have the earliest patents, they have worked with Intel to get it working in the DRAM channel, they have worked with Microsoft to get OS support and design upgrades. Keep your head in the sand with your nonsensical blather.
Quote from Cramer, explains YMB bashers, "What's important when you are in that hedge-fund mode is to not do anything remotely truthful because the truth is so against your view, that it's important to create a new truth, to develop a fiction."
Microsoft has been named in the court hearings as someone who is interested in NVDIMM. Microsoft has never had PCI-E orders to Netlist.
You're missing the fact that Fusilev for colorectal indication is an Orphan Drug through 2018, so no generics can compete with it for that indication until 2019.