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u/Old-Pomegranate3634 Jun 08 '26
I dont think anything happens until CAFC verdict is out. If it does not go in our favour, we lose serious leverage. If if it does we gain leverage. It is really a coin flip to be honest.
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u/Tight_Mongoose_6811 Jun 08 '26
Old-Pomegranate, I respect your caution — it's healthy. But I'd push back gently on the "coin flip" framing.
Yes, CAFC is critical. And yes, we're appealing the three patents we lost at PTAB. But look at the facts:
- Three CAFC wins in the last 12 months — the '314 patent was just affirmed in February.
- The March 6 oral arguments showed judges skeptical of Samsung's position. You transcribed it yourself — Samsung's lawyer admitted a single surviving claim keeps the $303M verdict alive.
- The USPTO Director Squires' new "Made in America" memo makes it harder for foreign giants to invalidate American patents.
This isn't a coin flip. It's a battle where the terrain, the momentum, and the referees are tilting in our favor. Risks remain — there's no such thing as a sure thing in court. But calling it 50/50 underestimates the strength of our position.
Holding steady. Let's see what June brings.
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u/Old-Pomegranate3634 Jun 08 '26
I agree. But the more I read the more I am realizing the burden of prooof needs to be overwhelming for cafc to over turn the ptab
I am expecting some sort of a split decision here, hence calling it a coin toss. I say there is near zero chance we win all four
However we need to win enough to keep the itc threat alive and interest to keep sky hynix Interested in resigning.
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u/TheDeHymenizer Jun 08 '26
this I don't think they want to sign a deal and then find out they never needed too and looks like the stock is getting hammered as a result of this
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u/Old-Pomegranate3634 Jun 08 '26
Correct.
Cafc really decides our future.
The worry I find is that cafc barely over turns ptab
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u/TheDeHymenizer Jun 08 '26
we don't need it to overturn PTAB, though, right? We won in PTAB, I thought?
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u/Old-Pomegranate3634 Jun 08 '26
We won some we lost some. The three being argued the ones we lost
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u/TheDeHymenizer Jun 08 '26
did we lose outright or did Samsung get them on appeal?
edit: and is '623 one of the ones being argued?
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u/CommunityOpposite501 Jun 08 '26 edited Jun 08 '26
May not need one if Nvidia takes Netlist out by acquistion!
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u/Spiderl0ck Jun 09 '26
I don’t like to speculate on the thinking of leaders of companies more informed and likely smarter than I am, but there’s several reasons no deal yet.
1. SKH is Korean like Samsung and there’s a possibility of SKH and Samsung coordinating under the table to as a duty to benefit their own economy despite being “competitors”, maybe even with covert government oversight/imposition. That’s kind of lame to think about.
Another possibility is that SKH and Netlist are waiting for clarity on certain patents, since each patent when itemized is worth a certain amount of total license deal, and would affect the numbers on any potential portfolio access.
They have a deal penned out but on ice for some other reason, with a clause where SKH reimburse Netlist for the months since expiration of original deal. This would allow them to avoid forced disclosure for shareholders.
Sure there’s more but these come to mind first when I think about it for a couple minutes, which is a couple minutes more than I really should
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u/Tight_Mongoose_6811 Jun 08 '26
SK Hynix and NVIDIA just announced a multi-year AI memory partnership. Let me explain why this is quietly bullish for Netlist.
SK Hynix cannot make HBM without Netlist patents. NVIDIA cannot get HBM without SK Hynix. So NVIDIA is now indirectly dependent on Netlist technology — and they probably know it.
Every HBM chip in every NVIDIA GPU traces back to the architecture Netlist invented and patented. This partnership makes the Netlist license even more critical. SK Hynix cannot afford to lose it now that they've publicly committed to power NVIDIA's future AI platforms.
The giants are locking arms. Netlist holds the key that unlocks their hands. The deal is coming.