Not only does it appear that FIG will be entitled to any proceeds raised from monetising the underwritten patents; the inclusion of ‘IP monetisation milestones’ within the agreement suggests that FIG is actually expecting Netlist to be proactive in leveraging its IP assets. In fact, it looks as if the loan has been taken in part, at least, to finance a monetisation programme; and that FIG may get its repayments from the deals this programme generates.
Other news from Netlist would seem to back this up as it looks as if the company is rolling out a new IP strategy with value creation as a focus. Last week, it appointed Noel Whitley as its vice president for intellectual property – a role he had previously held at Broadcom – to “lead Netlist's initiatives to further develop and maximize the Company's patent portfolio”.
It would be fair to assume that a lender in FIG’s position typically would not want the patent owner to risk diminishing the value of the underwritten assets by asserting its IP in litigation and facing the prospect of countersuits and invalidation actions; or by potentially ‘over-licensing’ them. However, given the background of FIG’s team we are not talking about a typical lender here and it seems that both Zur and his colleagues and Netlist believe that they have assets with highly significant monetisation potential on their hands. If that is the case it is not the first time that Fortress Investment Group has got involved in patent monetisation; it helped establish German NPE IPCom several years ago – a move that is now beginning to pay substantial dividends.
It is pretty safe to assume that FIG IP Finance Group will have to be consulted by Netlist before any potential assertion or licensing of the patents it has underwritten, but given its collected patent market expertise and experience that is probably no bad thing. What’s more, if things go well Netlist retains ownership of, and therefore control over, its patents. What’s not to like?
Not one posts knows anything everyone can assume what they have on hand, what SNDK will do work around is crazy. If there was a work around then why even use Diablo or NLST.
The facts are the facts no matter how hard Diablo tried they failed to show the court or judge that appeal should even take place that sends a strong message. Daiblo asked for emergency appeal which means they are in trouble.
This is a done deal either settle or go to court and loose, NLST is now driving the bus all the way to the bank.
buy now or be left behind.
It will all be over shortly and my money is on NLST