Termination of Cross-License Agreement Set for March Trial as Filings under Idaho Bad-Faith Patent Assertion Statute Metastasize

February 9, 2024

Last week, Central District of California Judge Mark C. Scarsi denied a Netlist motion for summary judgment that its November 2015 Joint Development and License Agreement (JDLA) with Samsung was properly terminated based on several theories of breach. In October, the Ninth Circuit reversed an earlier grant of essentially the same motion, remanding for further proceedings based on its ruling that the relevant provision of the JDLA itself is ambiguous as a matter of law. Termination of the JDLA is central to a multifront patent infringement battle between these parties because the JDLA grants them cross-licenses to each other’s patent portfolios. Meanwhile, in its likewise multifront infringement dispute with Netlist, Micron Technology has deployed Idaho’s “Bad-Faith Patent Assertion” state law, just as it did in the face of affirmative patent infringement claims from a plaintiff associated with Texas monetization firm Longhorn IP LLC.

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