2 of many components? So are they 2 components in the many you sell or not? If there are 2 components you are re-selling them or worse jointly selling them as those components became part of your product therefore infringing.
Sandisk should come with one off the hat and do like in these cases is done, remove the infringing components and sell your module without it, oh, right? You can't, can you Smart did not sell you the replacement component in that sweet buyout deal, then sell your good for nothing module without it!.
If Sandisk was buying simply the Rush and Bolt as one more costumer they could get away with past infringement but this is not the case. in the end a judge may sell go sell your product since it has so many components but just one thing, remove those two little components before shipping them out and you are good to go.
LOL, El Diablo is between a rock and a hard place, the only way his company stays open is by a lotto shot of winning the trial otherwise all is gone, even the wife will leave that guy if she has not done so already.., so the guy can not settle, he loses either way, now Sandisk has a lot to gain by settling but as long as Le Diable is not willing they have very few options if any as they need to break a contract signed with the Devil.
I want a trial, Netlist waited long enough for this day.
There is not much to quantify, if you look at one tiny figure: $56 million market cap, anything happening where the company can start selling 6 figures a quarter with some nice growth witch should be possible given the small quarterly sales we are starting from anything can happen, meaning $300-$400-$500 million valuation even more using some fancy growth metrics, lets just take one step at a time for now. This is a homerun for those with patience, the company isa step away from winning the first major court case and defending their IP, I thought that was going to take forever but forever is almost here
Diablo is the weakest link of all of them and the easiest given the stolen technology, the opportunity is there to do what successful companies do defending their IP, they go for the weakest with best chance of wining and sets a precedent for the rest to settle
cherk, give me these odds on winning a big payout and the beginning of a chain reaction in royalties in a stock that I am already ahead, I take the trial before the settlement any time, if I want a 5 bagger one needs to take some risks here. Like you say now is all big mouth talk regardless of a settlement, like "read my lips: "no more taxes"
No problem with me, those who want big bucks along with Netlist join the party or sell tomorrow. I like the odds and trial is just around the corner.
Diablo has nothing to offer Netist in a settlement and Baldn'alone will bury the company to the ground, also he gets nothing in a settlement besides officially been discredit as a thief, no job, no title, nothing, he will lie all the way till the bitter end and take along with them their investors and employees.
All may rely on the contract Sandisk and Diablo have signed and therefore limiting or even nullifying any Sandisk options to settle alone, the devil may even be entitled to compensation if Sandisk settles with Netlist as is yet to be proven in court he is a thief.
Down? How? This stock has nothing priced in but fear of going under $1 again and uncertainty of patents ownership. Any settlement will mean ongoing royalties and/or a direct relationship with Sandisk, paving the way pretty fast for other parties to ante up royalty fees or face the music, heck even Sandisk if settles would ask for that. Any $ amount attached to a settlement or a case win will make the stock go up considerably.
Sandisk can not buy themselves into legal oblivion by buying Diablo they would be the sole defendant in Netlist lawsuits and without knowing the outcome of this specific trial is too risky to do.
I been following on/off Sandisk since it's early days, they wanted to buy Lexar Media when they were down and out for the retail presence and flash controllers but backed off as the DOJ would have blocked it, so MU bought Lexar. They believe in buying their way in, this is what I meant, SMOD tells you more.
Sandisk needs a corporate strategy for flash implemented is been their main focus for 1-2 years now and Ultradimm is just that.
I wish I could close my eyes,open them and see the stock price on January 2016......LOL
Complicated legal matters that I am sure are been discussed. If Sandisk buys Diablo for pennies on the dollar they inherit the liabilities so it will need to be a triple play move, buy Diablo, Settle w/ Nelist and buy Netlist.
Netlist in any case would like first a settlement and ongoing royalties, Diablo shutting down then with a fat bank account and higher valuation we can talk buyout.
Sandisk can not just forget this market and exit it, is the next logical step for Flash and the door to more OEM's sales witch have higher margins than retail Flash. But if they exit the market it is even better for Netlist as the technology is been implemented and OEMs will end up buying from Netlist.
Is indeed a no brainer
SMOD $400 million
NLST settlement $100 million + aprox.
Legal fees a nice few million.
Client (s) loss, a few large million.
Cient s) relationships lost, more than a few million.
Future royalties to NLST, a nice slice of the future sales pie.
and last of all mishaps:
Public and industry embarrassment, priceless.
Diablo Partnership priceless icing on the cake, excellent business decision by management, a Canadian company who owns nothing, are nothing and SNDK are co-defendants in a Federal Case they are about to lose.
I think if all goes as a few here hope ad expect you are looking among other things at a $1 Billion price tag for management's Ultradimm lack of knowledge, miscalculation and plain incompetence.
Sandisk is a widely held mid cap by now, will need to answer to shareholders and explain what they have done with $1 Billion and where they sit right now, more than a middle management scapegoat will be forced to resign if so.
Sandisk cant dump Diablo any time they want, they have a contract and unless Diablo is found guilty and therefore not owner of the technology in question there are no legal grounds for it. There must be though a breaking contract clause that entitles Diablo to compensation in such event. So let them figure out their game.
If you want to use this new upcoming tech witch all server makers are thirsty for and clients want you either buy your product from a competitor who owns Zip rights to the technology and risk been shut off the market ala Sandisk / Diablo or you buy from the only company claiming rights to this tech and that so far the law and patents tells you they might be into something. Nothing more potential costumers need to know, till Sandisk's injunction this issue was non sense back room gossip, now the wrong decision will cost you money not only in infringement terms but in potential loss of sales.
No brainer, once just one big boy announces the move to Netlist from a competitor, the herd will follow, and for this 'penny stock" valuation company then is several folds of profits for shareholders.
"After all its China and they steal everything and have no regard for patent rights"
Wrong, as long as a company does business overseas, outside China they can not play the infringe and dont care patent approach. Reason for example those new cell phone makers big growth companies from China dont step out of as they will face the music.
If Netlist gets a settlement or wins the trial, the top Sandisk's executive behind this Sandisk/Diablo partnership will be forced to resign, the embarrassment, the so far legal cost, the temporary injunction, the potential settlement cost, their clients relationship, top management are going to pass the hot potato and single out a scapegoat to do damage control, the fastest the better. I was a firm believer that some big names were out to destroy Netlist and bleed it out of money but with just a bit of luck Netlist my end up getting to the finish line barely but triumphant. This may happen very soon.....
No Diablo talk as that company is history, if history even has a place for it witch I doubt.
True, by Diablo signing this agreement they plain and simple "agreed" that all architecture-related intellectual property belong to Netlist, otherwise they would have changed the language used before signing it.