OTTAWA, Ontario, Oct. 9, 2014 /PRNewswire/ -- Diablo
Technologies today commented on the announcement that Netlist
(NLST) has filed a motion for preliminary injunction against the
company and its technology partner SanDisk®, in an attempt to
impede the manufacture and sale of the ULLtraDIMM™ product.
Notably absent from Netlist's press release is the fact that
their recent motion has abandoned much of their previous
positioning. Netlist has been forced to dismiss over three quarters
of their asserted trade secrets and remove any claim of lost sales
for the HyperCloud® DIMM. Netlist's recent amendments now limit
their claims of lost sales to the NVvault™, which does not even
leverage the asserted IP, and the HyperVault, a product still in
the early stages of development. These changes can be attributed to
Netlist's failure to substantiate claims in the so-called anonymous
'whistleblower' letter, on which they have based their case from
the start. The request for a Preliminary Injunction will take
months to resolve and Diablo will continue to deal with these
baseless accusations in court.
"After a year of court proceedings and months of discovery,
Netlist still cannot decipher how Memory Channel Storage works,
much less substantiate that it infringes on any of their IP," said
Riccardo Badalone, CEO of Diablo
Technologies. "Netlist indicated months ago that it would seek a
Preliminary Injunction, and their long delay in doing so, as well
as their continuous re-shuffling of infringement claims and trade
secret assertions clearly indicate that they are losing confidence
in their case. Netlist will continue in their attempt to disrupt
our business and tarnish our brand in an effort to obtain a
settlement as their only hope to generate a return. We view their
latest move as a public relations stunt, which we will address in
our existing claim against them."
Diablo filed its defense and a counter claim against Netlist's
unfair business practices on September 25,
2014.
Diablo does not anticipate this latest development to disrupt
the growing adoption of its products and technologies. The Memory
Channel Storage™ (MCS™) platform is a new and innovative
architecture that neither infringes upon, nor misappropriates any
Netlist IP rights and makes full use of Diablo's own IP, designs
and implementations. MCS-based products and the Netlist HyperCloud,
NVvault and HyperVault modules are sold in very different markets
and are not interchangeable.
"Netlist has several significant competitors in the narrow
NVDIMM (battery backed DRAM) market space, all of which are
building similar and potentially interchangeable products,"
continued Mr. Badalone. "MCS-based products are Flash-only and
compete in the much larger and significantly expanding market of
enterprise SSDs, where Netlist has no IP or product offerings.
Peliminary Injunctions, in general, are very difficult to obtain,
but we will be diligent in demonstrating that our products are
non-infringing and non-competing. We will continue to press our
case with full confidence in the court system."
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About Diablo Technologies
Founded in 2003, Diablo is at the forefront of developing
breakthrough technologies to set the standard for next-generation
enterprise computing. Diablo's Memory Channel Storage platform
combines innovative software and hardware architectures with
Non-Volatile Memory to introduce a new and disruptive generation of
Solid State Storage for data-intensive applications.
The Diablo executive leadership team has decades of experience
in system architecture, chip-set design and software development at
companies including Nortel Networks, Intel, Cisco, AMD, SEGA, ATI,
Cadence Design Systems, Matrox Graphics, BroadTel Communications
and ENQ Semiconductor.
Website: http://www.diablo-technologies.com/
CONTACT AGENCY:
Dan
Miller
JPR Communications
818-884-8282, Ext. 13
dan@jprcom.com
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SOURCE Diablo Technologies, Inc.