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December 10, 2012
09:03 EDTNLSTNetlist SMART Modular patent claims rejected by USPTO
Netlist announced that the United States Patent and Trademark Office, or USPTO, has ordered reexamination and rejected all of the claims of United States Patent No. 8,250,295 which have been asserted in a patent infringement lawsuit filed by Smart Modular Technologies, against Netlist. Netlist requested reexamination of the claims on September 15 by presenting the USPTO with six different combinations of prior art that had not been considered in the original examination of the '295 patent. After reviewing Netlist's reexamination request, the USPTO concluded that there is a reasonable likelihood that these claims will be found invalid based on each of the six combinations and thus ordered reexamination. The USPTO then followed the order granting reexamination with an Office Action where it formally rejected the claims based on the same six prior art combinations.
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