Google LLC v. Netlist, Inc.

Google LLC v. Netlist, Inc.

Appellant:	GOOGLE INC., INPHI CORPORATION and GOOGLE LLC
Cross Appellant:	NETLIST, INC.
Appellee:	SMART MODULAR TECHNOLOGIES, INC.
Case Number:	19-1720
Filed:	April 2, 2019
Court:	U.S. Court of Appeals, Federal Circuit
Nature of Suit:	Other

Opinions

We have the following opinions for this case:

Date Filed	Description
June 15, 2020	GOOGLE LLC v. NETLIST, INC.

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Docket Report

This docket was last retrieved on July 22, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
July 22, 2020	Filing 64 Mandate issued to the United States Patent and Trademark Office. Service as of this date by the Clerk of Court. [709199] [19-1720, 19-1721] [JAB] [Entered: 07/22/2020 11:42 AM]
June 15, 2020	Filing 63 JUDGMENT. AFFIRMED. Issued pursuant to Federal Circuit Rule 36. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click # here . [701008] [19-1720, 19-1721] [JAB] [Entered: 06/15/2020 09:53 AM]
June 10, 2020	Filing 62 Submitted after ORAL ARGUMENT by Doris Johnson Hines for Google LLC and Inphi Corporation and Seth W. Lloyd for Netlist, Inc. Panel: Judge: Newman , Judge: Bryson , Judge: O'Malley. [700262] [JCP] [Entered: 06/10/2020 10:17 AM]
June 8, 2020	Filing 61 NOTICE OF TELEPHONIC ORAL ARGUMENT. Panel: 2006L. Case rescheduled to June 10, 2020. Please review the attached Notice. The response to notice of oral argument form can be found # here . The Oral Argument Guide can be found # here . [699896] [JAB] [Entered: 06/08/2020 03:52 PM]
June 5, 2020	Filing 60 TEXT ONLY ORDER The oral argument scheduled for June 5, 2020, is cancelled. Argument will be rescheduled for a later date. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [699381] [JAB] [Entered: 06/05/2020 08:15 AM]
May 19, 2020	Filing 59 Clerk's letter to Appellants Google LLC, Inphi Corporation and Appellee Netlist, Inc. regarding Telephonic Argument Orientation. Service as of this date by the Clerk of Court. [695638] [JAB] [Entered: 05/19/2020 12:10 PM]
May 15, 2020	Filing 58 Response to notice of oral argument from the Appellants Google LLC and Inphi Corporation. [694777] [19-1720] [Doris Johnson Hines] [Entered: 05/15/2020 09:36 AM]
May 1, 2020	Filing 57 ORDER filed. The court will conduct argument in this case by telephone at the originally scheduled date and time in lieu of in-person appearance. The Clerk's Office will provide additional instructions to counsel at least one week ahead of argument. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [691689] [JAB] [Entered: 05/01/2020 02:45 PM]
April 29, 2020	Filing 56 Response to notice of oral argument from the Appellee Netlist, Inc.. [690778] [19-1720] [Seth Lloyd] [Entered: 04/29/2020 09:52 AM]
April 21, 2020	Filing 55 NOTICE OF ORAL ARGUMENT. Panel: 2006L. Case scheduled June 5, 2020 10:00 a.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, NW Washington, DC 20439), Courtroom 201. Response to Notice of Oral Argument due: 05/15/2020. Please review the attached Notice. The response to notice of oral argument form can be found # here . The Oral Argument Guide can be found # here . [688711] [JAB] [Entered: 04/21/2020 01:03 PM]
March 3, 2020	Filing 54 Notice from Appellant Inphi Corporation regarding conflicts with oral argument. None. Service: 03/03/2020 by email. [676014] [19-1720] [David Jakopin] [Entered: 03/03/2020 06:19 PM]
March 3, 2020	Filing 53 The following conflict dates submitted by Attorney Doris Johnson Hines for Appellant Google LLC have been accepted by the court: 06/01/2020, 06/02/2020, 06/03/2020, 08/04/2020, 08/05/2020. [675946] [JAB] [Entered: 03/03/2020 03:58 PM]
March 3, 2020	Filing 52 Notice from Appellee Netlist, Inc. regarding conflicts with oral argument. None. Service: 03/03/2020 by email. [675880] [19-1720] [Seth Lloyd] [Entered: 03/03/2020 02:02 PM]
March 3, 2020	Filing 51 Notice from Appellant Google LLC regarding conflicts with oral argument. Service: 03/03/2020 by email. [675742] [19-1720] [Doris Johnson Hines] [Entered: 03/03/2020 10:01 AM]
February 27, 2020	Filing 50 6 paper copies of the Corrected Opening Brief [ # 31 ] received from Appellant Inphi Corporation. [675683] [CJF] [Entered: 03/03/2020 07:32 AM]
February 27, 2020	Filing 49 6 paper copies of the Corrected Opening Brief [ # 32 ] received from Appellant Google LLC. [675682] [CJF] [Entered: 03/03/2020 07:31 AM]
February 27, 2020	Filing 48 6 paper copies of the Opening Response Brief [ # 35 ] received from Appellee Netlist, Inc. [675681] [CJF] [Entered: 03/03/2020 07:30 AM]
February 27, 2020	Filing 47 6 paper copies of the Reply Brief [ # 41 ] received from Appellant Inphi Corporation. [675680] [CJF] [Entered: 03/03/2020 07:29 AM]
February 27, 2020	Filing 46 6 paper copies of the Reply Brief [ # 40 ] received from Appellant Google LLC. [675679] [CJF] [Entered: 03/03/2020 07:28 AM]
February 27, 2020	Filing 45 6 paper copies of the Appendix (Vol. I - III) [ # 42 ] received from Appellants Google LLC, Inphi Corporation and Appellee Netlist, Inc. [675678] [CJF] [Entered: 03/03/2020 07:27 AM]
February 25, 2020	Filing 44 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found # here . The Oral Argument Guide can be found # here . [674016] [TAM] [Entered: 02/25/2020 01:04 PM]
February 25, 2020	Filing 43 Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(1). [674015] [TAM] [Entered: 02/25/2020 01:04 PM]
February 12, 2020	Filing 42 MODIFIED ENTRY: APPENDIX FILED for Google LLC, Inphi Corporation and Netlist, Inc.. Number of Pages: 1879. Service: 02/12/2020 by email. [670869] --[Edited 02/25/2020 by TAM - compliance review complete] [David Jakopin] [Entered: 02/12/2020 04:11 PM]
February 5, 2020	Filing 41 MODIFIED ENTRY: REPLY BRIEF FILED for Appellant Inphi Corporation. Number of Pages: 21. Service: 02/05/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [668795] --[Edited 02/25/2020 by TAM - compliance review complete] [David Jakopin] [Entered: 02/05/2020 07:06 PM]
February 5, 2020	Filing 40 MODIFIED ENTRY: REPLY BRIEF FILED for Appellant Google LLC. Number of Pages: 30. Service: 02/05/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [668714] --[Edited 02/25/2020 by TAM - compliance review complete] [Doris Johnson Hines] [Entered: 02/05/2020 03:46 PM]
January 6, 2020	Filing 39 ORDER granting motion to extend time to file the reply briefs [ # 37 ] filed by Appellants. Service as of this date by the Clerk of Court. [660918] [LMS] [Entered: 01/06/2020 02:11 PM]
December 31, 2019	Filing 38 ORDER granting motion to dismiss [ # 34 ] filed by Netlist, Inc. Appeal Nos. 2019-1722, -1723, -1724 are dismissed. Each side shall bear its own costs in 2019-1722, -1723, -1724. The revised official caption for 2019-1720, -1721 is reflected above. ISSUED AS A MANDATE (as to 2019-1722, -1723, -1724 only): December 31, 2019. Service as of this date by the Clerk of Court. [659715] [19-1720, 19-1722, 19-1723, 19-1724] [LMS] [Entered: 12/31/2019 10:12 AM]
December 20, 2019	Filing 37 MOTION of Appellants Google LLC and Inphi Corporation to extend the time to 02/05/2020 to file the Appellants reply briefs. [Consent: unopposed]. Service: 12/20/2019 by email. [658174] [19-1720] [Doris Johnson Hines] [Entered: 12/20/2019 01:40 PM]
December 13, 2019	Filing 36 Amended Certificate of Interest for Cross-Appellant Netlist, Inc.. Service: 12/13/2019 by email. [656444] [19-1720] [Seth Lloyd] [Entered: 12/13/2019 12:06 PM]
December 12, 2019	Filing 35 MODIFIED ENTRY: RESPONSE BRIEF FILED for Appellee Netlist, Inc.. Number of Pages: 67. Service: 12/12/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [656282] --[Edited 02/13/2020 by TAM - compliance review complete] [Seth Lloyd] [Entered: 12/12/2019 06:23 PM]
December 6, 2019	Filing 34 MOTION of Cross-Appellant Netlist, Inc. to voluntarily dismiss appeal pursuant to FRAP 42(b). [Consent: unopposed]. Service: 12/06/2019 by email. [654665] [19-1720] [Seth Lloyd] [Entered: 12/06/2019 02:42 PM]
November 21, 2019	Filing 33 REMINDER : All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a) to promptly submit an amended Certificate of Interest as information changes during the pendency of the appeal. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. [651177] [JAL] [Entered: 11/21/2019 10:24 AM]
October 24, 2019	Filing 32 MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED for Appellant Google LLC. Number of Pages: 58. Service: 10/24/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of the original version of this brief [ # 24 ]. See Fed. Cir. R. 31. [644394] --[Edited 11/21/2019 by JAL - Compliance review complete] [Doris Johnson Hines] [Entered: 10/24/2019 11:21 AM]
October 22, 2019	Filing 31 MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED for Appellant Inphi Corporation. Number of Pages: 49. Service: 10/22/2019 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of the original version of this brief [ # 26 ]. See Fed. Cir. R. 31. [643953] --[Edited 11/21/2019 by JAL - Compliance review complete] [Robert Fuhrer] [Entered: 10/22/2019 03:40 PM]
October 18, 2019	Filing 30 TEXT ONLY ORDER granting motion to extend time to file Cross-Appellant's principal brief [ # 29 ] filed by Cross-Appellant Netlist, Inc.. The response brief is due 12/12/2019.. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [643150] [TAM] [Entered: 10/18/2019 01:39 PM]
October 18, 2019	Filing 29 MOTION of Cross-Appellant Netlist, Inc. to extend the time to 12/12/2019 to file the principal brief currently due 10/28/2019. [Consent: unopposed]. Service: 10/18/2019 by email. [643145] [19-1720] [Seth Lloyd] [Entered: 10/18/2019 01:29 PM]
October 17, 2019	Filing 28 NOTICE OF NON-COMPLIANCE: The submission of Appellant Inphi Corporation, Opening Brief [ # 26 ], is not in compliance with the rules of this court (see attached). Compliant document due on 10/24/2019. The deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [642908] [TAM] [Entered: 10/17/2019 02:20 PM]
October 17, 2019	Filing 27 NOTICE OF NON-COMPLIANCE: The submission of Appellant Google LLC, Opening Brief [ # 24 ], is not in compliance with the rules of this court (see attached). Compliant document due on 10/24/2019. The deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [642895] [TAM] [Entered: 10/17/2019 01:50 PM]
September 16, 2019	Filing 26 FILED from Appellant Inphi Corporation. Title: OPENING BRIEF. Service: 09/16/2019 by email. [635859] [19-1720] This document is non-compliant. See Doc No.[ # 28 ] [Robert Fuhrer] [Entered: 09/16/2019 04:13 PM]
September 16, 2019	Filing 25 Corrected Certificate of Interest for Appellant Inphi Corporation. Service: 09/16/2019 by email. [635858] [19-1720] [Robert Fuhrer] [Entered: 09/16/2019 04:03 PM]
September 16, 2019	Filing 24 FILED from Appellant Google LLC. Title: OPENING BRIEF. Service: 09/16/2019 by email. [635825] [19-1720] This document is non-compliant. See Doc No.[ # 27 ] [Doris Johnson Hines] [Entered: 09/16/2019 02:50 PM]
September 16, 2019	Filing 23 Corrected Certificate of Interest for Appellant Google LLC. Service: 09/16/2019 by email. [635824] [19-1720] [Doris Johnson Hines] [Entered: 09/16/2019 02:45 PM]
September 16, 2019	Filing 22 Official caption revised to reflect non-participation of Smart Modular Technologies, Inc. The official caption is reflected on the electronic docket under the listing of the parties and counsel. Service as of this date by the Clerk of Court. [635576] [TAM] [Entered: 09/16/2019 08:36 AM]
September 13, 2019	Filing 21 Entry of appearance for Chen Zang as of counsel for Appellant Google LLC. Service: 09/13/2019 by email. [635255] [19-1720] [Chen Zang] [Entered: 09/13/2019 10:02 AM]
July 18, 2019	Filing 20 ORDER granting motion to extend time to file Appellants principal briefs [ # 17 ] filed by Appellants Inphi Corporation and Google LLC. No further extensions should be anticipated. Briefs are due 09/16/2019. Service as of this date by the Clerk of Court. [621958] [TAM] [Entered: 07/18/2019 11:47 AM]
July 9, 2019	Filing 19 Notice to counsel for Appellee Smart Modular Technologies, Inc.: The record of this case indicates that the Certificate of Interest has not been filed. A completed certificate of Interest must be submitted in accordance with Fed. Cir. R. 47.4 by 07/10/2019. Additionally, an Entry of Appearance for principal counsel and a Docketing Statement have not been filed. Please file these documents promptly. Service as of this date by the Clerk of Court. [619682] [TAM] [Entered: 07/09/2019 08:59 AM]
July 8, 2019	Filing 18 RESPONSE of Cross-Appellant Netlist, Inc. to the motion to extend time to file brief [ # 17 ] filed by Appellants Google LLC and Inphi Corporation. Service: 07/08/2019 by email. [619659] [19-1720] [Seth Lloyd] [Entered: 07/08/2019 08:30 PM]
July 8, 2019	Filing 17 MOTION of Appellants Google LLC and Inphi Corporation to extend the time to 09/16/2019 to file the Appellants' Principle Briefs. [Consent: opposed]. Service: 07/08/2019 by email. [619474] [19-1720] [Doris Johnson Hines] [Entered: 07/08/2019 12:02 PM]
May 20, 2019	Filing 16 Corrected Certified list from the United States Patent and Trademark Office. Service: 05/17/2019 by email. Appellant's brief is due 07/16/2019 in 19-1720. [608334] [19-1720, 19-1721, 19-1722, 19-1723, 19-1724] [MMA] [Entered: 05/20/2019 09:15 AM]
May 16, 2019	Filing 15 Certified list from the United States Patent and Trademark Office. Service: 05/15/2019 by email. Appellants' briefs are due 07/15/2019. [607932] [19-1720, 19-1721, 19-1722, 19-1723, 19-1724] [MMA] [Entered: 05/16/2019 01:15 PM]
April 19, 2019	Filing 14 Note to file: The following cases are associated:19-1720 (Lead) with 19-1721 (Member Case) and 19-1722, -1723, -1724 (Cross-Appeals). FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [601663] [19-1720, 19-1721, 19-1722, 19-1723, 19-1724] [MMA] [Entered: 04/19/2019 02:07 PM]
April 19, 2019	Filing 13 ORDER consolidating appeals (19-1720 with 19-1721, -1722, -1723, -1724). The revised official caption is reflected in the order. The certified lists are due 05/13/2019. The briefing schedule is set out in the order. Service as of this date by the Clerk of Court. [601499] [19-1720, 19-1721, 19-1722, 19-1723, 19-1724] [MMA] [Entered: 04/19/2019 09:04 AM]
April 16, 2019	Filing 12 Entry of appearance for Mehran Arjomand as of counsel for Appellee Netlist, Inc.. Service: 04/16/2019 by email. [600737] [19-1720] [Mehran Arjomand] [Entered: 04/16/2019 03:16 PM]
April 16, 2019	Filing 11 Entry of appearance for Brian R. Matsui as of counsel for Appellee Netlist, Inc.. Service: 04/16/2019 by email. [600733] [19-1720] [Brian Matsui] [Entered: 04/16/2019 03:14 PM]
April 16, 2019	Filing 10 Docketing Statement for the Appellee Netlist, Inc.. Service: 04/16/2019 by email. [600732] [19-1720] [Seth Lloyd] [Entered: 04/16/2019 03:12 PM]
April 16, 2019	Filing 9 Certificate of Interest for the Appellee Netlist, Inc.. Service: 04/16/2019 by email. [600730] [19-1720] [Seth Lloyd] [Entered: 04/16/2019 03:11 PM]
April 16, 2019	Filing 8 Entry of appearance for Seth W. Lloyd as principal counsel for Appellee Netlist, Inc.. Service: 04/16/2019 by email. [600729] [19-1720] [Seth Lloyd] [Entered: 04/16/2019 03:10 PM]
April 16, 2019	Filing 7 Entry of appearance for Jason E. Stach as of counsel for Appellant Google LLC. Service: 04/16/2019 by email. [600468] [19-1720] [Jason Stach] [Entered: 04/16/2019 09:36 AM]
April 16, 2019	Filing 6 Docketing Statement for the Appellant Google LLC. Service: 04/16/2019 by email. [600439] [19-1720] [Doris Johnson Hines] [Entered: 04/16/2019 09:18 AM]
April 16, 2019	Filing 5 Certificate of Interest for the Appellant Google LLC. Service: 04/16/2019 by email. [600437] [19-1720] [Doris Johnson Hines] [Entered: 04/16/2019 09:16 AM]
April 16, 2019	Filing 4 Entry of appearance for Doris Johnson Hines as principal counsel for Appellant Google LLC. Service: 04/16/2019 by email. [600435] [19-1720] [Doris Johnson Hines] [Entered: 04/16/2019 09:15 AM]
April 12, 2019	Filing 3 Notice of Election to participate in appeal pursuant to the provisions of 37 CFR Section 1.983(e) from Appellee Netlist, Inc.. Service: 04/12/2019 by email. [599798] [19-1720] [Mehran Arjomand] [Entered: 04/12/2019 04:07 PM]
April 12, 2019	Filing 2 Official caption revised to correct appellant's name. The official caption is reflected on the electronic docket under the listing of the parties and counsel. Service as of this date by the Clerk of Court. [599559] [CAB] [Entered: 04/12/2019 09:04 AM]
April 2, 2019	Filing 1 Appeal docketed. Received: 03/29/2019. [597144] Entry of Appearance due 04/16/2019. Certificate of Interest is due on 04/16/2019. Docketing Statement due 04/16/2019. Certified List due on 05/13/2019. [MMA] [Entered: 04/02/2019 11:35 AM]

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Search for this case: Google LLC v. Netlist, Inc.
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Appellant: GOOGLE INC.
Represented By:	Doris Johnson Hines
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Appellant: INPHI CORPORATION
Represented By:	Robert M. Fuhrer
Represented By:	David A. Jakopin
Represented By:	Roger R. Wise
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Appellant: GOOGLE LLC
Represented By:	Doris Johnson Hines
Represented By:	Jason E. Stach
Represented By:	Chen Zang
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Cross appellant: NETLIST, INC.
Represented By:	Mehran Arjomand
Represented By:	Seth W. Lloyd
Represented By:	Brian Robert Matsui
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Appellee: SMART MODULAR TECHNOLOGIES, INC.
Represented By:	Michael Francis Heafey
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