Samsung Materially Breached Agreement and No Longer Has Patent License

Netlist, Inc. (OTCQB:NLST) announced a jury verdict in the Federal District Court for the Central District of California finding Samsung in material breach of the Joint Development and License Agreement (the Agreement) signed in November 2015. Samsung, the largest memory manufacturer globally, generates tens of billions of dollars in annual memory revenue.

C.K. Hong, Netlist’s Chief Executive Officer, stated, “We thank the Jury for their diligence. Their unanimous decision confirmed that Samsung breached the Agreement and no longer holds a license to Netlist’s patent portfolio. We are dedicated to protecting our intellectual property and ensuring fair compensation for Netlist and its shareholders.”

About Netlist

Netlist is a leading innovator in memory and storage solutions, advancing technology to deliver top-tier performance and reliability. With a rich portfolio of patented technologies, Netlist consistently drives innovation in enterprise memory and storage, empowering businesses and industries in the digital age. For more information, visit www.netlist.com.

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Now that the Samsung BOC case has been decided in Netlist’s favor, there is no more reason to stay the Google case. The stay was issued because Google claimed it did not infringe and claimed it was protected when it purchased Samsung made memory. Now that the jury ruled that Netlist properly terminated Samsung’s license, Google is on the hook for infringement. However, the big secret is that Google stole Netlist’s IP, shared it with a Chinese front company and secretly began purchasing infringing memory modules from this company. This fake Chinese front company is possibly where most of the infringement occurred. Google tried to hide this supply source. This source is really a straw-man alter ego of Google and Google is on the hook as neither Google nor the Chinese company had a license for the stolen Netlist IP.

The company they created in China to manufacture DIMM’s was called Metaram.

do people have any idea what this would mean if the 912 patent would be confirmed to be valid once more?

Netlist unsealed their BOC case Notice regarding/depicting Samsung’s inappropriate behavior towards jury foreperson—Samsung reply alluded to no improprieties—judge for yourself. Here is a Few quotes & pg1—pg2 comments “The Sam sung group questioned the juror at length, including at times argumentative and aggressive questioning. Netlist counsel, MrAshley & MrHarbour, were also present, and asked a total of one question.” “Netlist counsel told one of the Sam Scum counsel that the tone and content of their questioning was inappropriate. The admonition had no effect, and the Samsung group continued to surround and at times argue with the juror.” “Well into the interaction(estimated as 15 minutes in),a Samsung representative rushed into the group and moved physically close to the juror. The Samsung representative, a male who was taller than the juror, aggressively pointed his finger at the juror (towards the top of the juror’s chest or face) saying essentially that the jury got it wrong.”

below are images taken from the court documents.