Preliminary Injunction of NetList Vs. SanDisk ULLtraDIMM

Netlist, Inc. announced that on October 6, it filed a motion for preliminary injunction against the ULLtraDIMM product in the lawsuit against Diablo Technologies, Inc., asking that Diablo and its partner SanDisk Corp. be immediately enjoined from any further manufacture or sale of the ULLtraDIMM.
 
The motion details Diablo’s blatant breaches of contract, beginning with actually using Netlist’s chips in earlier versions of the ULLtraDIMM. 

Netlist’s motion also lays out its claims of trade secret misappropriation, which are supported by a lengthy report from an outside expert.

This technical report demonstrates misappropriation of many Netlist’s trade secrets in the ULLtraDIMM based on an analysis of Diablo’s confidential documents and testing of a current ULLtraDIMM module.

The evidence cited in the motion shows that Diablo built the ULLtraDIMM from the foundation of Netlist’s HyperCloud technology that Netlist shared with Diablo under a non-disclosure agreement.
 
To obtain a preliminary injunction, a plaintiff must show a likelihood of prevailing on the merits. Netlist filed recently the motion in the United States District Court for the Northern District of California. The court has set a tentative date of December 2, 2014, for a hearing on Netlist’s motion.  If granted, the preliminary injunction would immediately shut down any further manufacture and sale of the ULLtraDIMM.  Netlist has further asked the court to order the recall of any ULLtraDIMM products previously sold.
 
“We filed this case to address Diablo’s flagrant and repeated breaches of contract and IP theft in its role as a contractor to Netlist,” said Netlist president and CEO, C.K. Hong. “As detailed in the preliminary injunction motion, we are confident that we can demonstrate an overwhelming probability of prevailing on the merits of the case based on the evidence and the law, and that the Court should order a stop to the manufacture and sale of the ULLtraDIMM.”

Read also:
Netlist Patent Case Against SanDisk and Diablo Technologies
Concerning ULLtraDIMM