East Texas '294 litigation - Stayed until IPR CAFC appeals are completed (more appeals anyone?)
Final Judgement is entered for the '294 litigation
https://stocktwits.com/Durango24k/message/579204967
interest will accrue (just as it is for Samsung) while the Appeals are presented to CAFC
https://news.bloomberglaw.com/ip-law/microns-445-million-patent-suit-loss-backed-by-texas-judge
Once the Appeals are completed in 2026...almost +$100M USD just in interest !!
https://stocktwits.com/MilitaryDeals/message/579276257
plus additional reward (not as significant as current DDR4 sales are declining rapidly with the adoption of DDR5 and HBM) for sales over the next 18+ months !!
Judge Gilstrap used Running Royalties in place of Treble Damages or an Injunction to maximize NLST's jury award.
In patent infringement lawsuits, where the court determines an injunction to be inappropriate in light of the case's circumstances, the court may award "ongoing" royalties, or royalties based on the infringer's prospective use of the patented technology, as an alternative remedy.
“In Micron’s notices concerning its invalidity and equitable defenses (Dkt. Nos. 106 and 123), Micron has stipulated that it is no longer pursuing any of its previously raised invalidity and equitable defenses. In light of these stipulations and the jury’s verdict, the Court finds that a Final Judgment in the case should be and hereby is entered based on the jury’s verdict.”
I am confidant there will be an appeal; the devil will be in the details ! There is nothing to lose and everything to gain from an appeal even if it is on weak grounds. Delay tactics continue in hopes that NLST will lower their Royalty request as part of any Settlement negotiations !
'417 patent FWD is in and it states all claims are unpatentable !
Rank defined as it was for the 912 Claim 16 challenge - one device can define a rank.
There is no such device in existence. Never has existed. 32 bit wide has existed but never 64 bits.
PTAB appeal denied so NLST has requested a Director Review for the '215 and '417 IPR FWDs
The expected CAFC Appeal by Micron will not be until mid November 2024 so no final answer for the '294 litigation until at least early 2026, possibly late 2026 or even 2027.
Oct 2024
delay game continues...Final Judgement may be rendered but Micron is still trying to appeal the verdict via JMOL
https://storage.courtlistener.com/recap/gov.uscourts.txed.216365/gov.uscourts.txed.216365.176.0.pdf
NLST agreed to give Micron an extra week so long as NLST gets an extra two weeks for the Sur-Reply, and then Judge Gilstrap takes the rest of the year or longer to respond !!
CAFC finality will not be in 2025 and perhaps not even until late 2026 !
Final Judgement - NLST Sur Replies were due Oct 17th and then Judge Gilstrap will review the JMOL motions (and new trial request) and respond accordingly...
wonderful, Judge Gilstrap is late granting the requested extension AFTER Micron has already submitted their Sealed replies...so perhaps Micron can be allowed to refile next week ?
or maybe NLST will reply by Oct 17th instead of Oct 31st ?
IMO, Judge Gilstrap will not reply until early 2025 so then Micron has 30 days to file an Appeal which will take 18-24 months to process (most likely sometime in late 2026, perhaps as late as early/mid 2027) !!
Posted Apr 5, 2025, 12:17 AM UTC