100lbStriper
1 day ago
Netlist CC transcription q4 2024
So I would like to start today's call with the breach of contract case against Samsung. Which was held in Federal Court for the Central District of California. The trial ended on Monday with what is now the second unanimous jury verdict confirming that Samsung materially breached the joint development and license agreement it entered into Netlist with Netlist in November of twenty fifteen. And the third time Netlist has won the cases won the case on the facts. This verdict confirmed that Netlist's termination of Samsung's license in May 2020 was proper and thus Samsung has been without a patent license for five years.
We We have engaged in a lengthy legal battle with Samsung over the past five years. And three federal district court cases involving five trials Netlist has prevailed in each case. We believe these results reflect the real world value of our patents as well as to resolve and the legal skills necessary to protect them against unauthorized use by large entities like Samsung. Turning now to 2024 results. Netlist delivered strong growth with revenue more than doubling to $147,000,000 The top line performance reflects the recovery in the overall memory market from a year ago period.
The start of 2025 has been some short term has seen some short term softness the market, primarily driven by reduced consumer demand. That said, the outlook for the rest of this year and 2026 remains robust specifically in the high end AI server market. Two major trends that will continue to drive memory growth are HBM, or high bandwidth memory, which enable AI processing and the industry's transition to DDR5. Netlist remains well positioned to capitalize on both of these trends through new product development and its IP portfolio.
On the new products front, we introduced in Q4 of last year, the Lightning brand of ultra low latency memory solution. Lightning delivers double digit percentage improvements memory performance without any changes to ADM or Intel based systems at minimal additional costs. Customers qualifications are ongoing and the product line will benefit from the growth of big data and high frequency trading applications. Also in Q4, we introduced a line of high capacity, high performance MRDIMM products for the AI memory market. MRDIMM is a next generation memory module which replaces the LRDIMM at the high end of the market. LRDIMM was a technology invented by Netlist some fifteen years ago.
And MRDIMM incorporates some of the LRDIMM architecture and then adds power management and MUX features which results in the highest performing DIMM in the history of memory. MR DIMM market is expected to start this year and grow from about $1,000,000,000 in 2025 to over a $5,000,000,000 market in 2027. Netlist has been investing in R and D in the CXL area for the past five years. And we are seeing tangible progress in the next generation CXL and VDIMM. We've started to see the market with proof of concept CXL NVDIMM samples to customers for enterprise and data center applications. CXL will be used as a persistent memory solution on next generation platforms and replace an Intel product called Optane. Which is end of life as of the end of this year. In addition to the new product development work, Netlist remains at the forefront of IP innovation in HBM, DDR5, and AI related memory technologies. In 2024, Netlist increased a number of patents in its portfolio by more than 10%.
P2: Moving to intellectual property, in our organization, We're pleased to announce two recent appointments to the Netlist in house legal team Rich Kim joins Netlist as Vice President of Intellectual Property Strategy. Rich was previously a partner at Duane Morris and at Morrison Forster. And has spent the last thirty years in patent prosecution post grant proceedings IP licensing. He has been consistently ranked as one of the top attorneys in his field. In addition, Raymond Chan, has joined us as Vice President of Patents Raymond has more than two decades of experience in patent prosecution and post grant proceedings. He was most recently a patent litigation partner at Procopio. Excited to have two highly experienced IP experts join our team. 2024 was a successful year and terms of our ability to enforce our IP against unauthorized use as we secured three federal court trial wins. The two patent verdicts rank among the top five damages awards in the semi semiconductor industry. Last year. Over the past two years, we've secured a combined total damages of $866,000,000 for the willful infringement of our patents. These verdicts validate the significant and growing value of Netlist IP and they advance our objective of entering into licensing agreements with unauthorized implementers of our patents.
Over the past twenty five years, Netlist has invested hundreds of millions of dollars in our research and development and the value of that hard work is reflected in the broad work adoption of our technology by the memory industry and the implementation of our IP in the field of AI memory by some of the largest entities in the semiconductor industry. Industry. It is a business reality that large implementers of IP owned by smaller companies do not voluntarily license. The system provides them ample opportunities to delay and hold out. Understanding this, we pursue litigation to create the forcing mechanism necessary for large implementers to license and stop their illegal use of our IP. This past November, the jury in our Second Eastern District case Eastern District Of Texas case against Samsung delivered an unanimous decision ordering Samsung to pay Netlist $118,000,000 and that brings the total damages award to Netlist Samsung to $421,000,000 In December, the court issued a final judgment in this case that validates the jury verdict. The damages award and confirms that Samsung willfully infringed Netlist's patented technologies and that none of the asserted claims are invalid. Shortly after the final judgment was issued, Netlist's six zero eight patent which reads on DDR4 LRDIMM and was asserted against Samsung in the November trial, was upheld by the Patent Trials and Appeals Board and found not to be invalid.
This is the second time the PTAB has upheld the validity of the six zero eight patent. The first being in the IPR filed by Micron in the currently state Western Of Texas case. With the breach of contract win this week, we will continue to vigorously pursue collection of these damages awards from Samsung. As the patent infringement trials and IPR decisions move into the appellate process, we are entering the final phase of litigation for these actions. These cases have moved to the Federal Circuit Court of Appeals, after which an appeal to the U. S. Supreme Court is the only recourse.
However, given the very high hurdle to secure a hearing at the Supreme Court, a first circuit ruling will likely be the final, final for these cases. This makes the Court of Appeals rulings critically important. In March, we secured our first win of the year before the Court of Appeals. The First Circuit issued a judgment affirming the U. S. PTAB's inter parties review decision upholding the validity finding of Netlist's five twenty three patent. This IPR resulted from a preemptive suit Samsung initiated in Delaware against Netlist. And by Samsung's own actions, they now face significant exposure based on billions of dollars of potentially infringing sales of their DDR4. LRDIMM products. The case in Delaware was stayed pending the outcome of the breach of contract dispute with Samsung. And with the verdict this week, we look forward to the case moving forward presenting the facts to a jury. In Delaware. There are currently seven additional IPR appeals involving 10 Netlist patents pending before the Court of Appeals. We expect oral hearings for five more appeals to be conducted in 2025. This includes Netlist Patents three fourteen thirty five, five zero six, three three nine which read on DDR4 LR DEMs and nine eighteen and the 54 patents, which read on DDR5 DIMMs in general.
We are awaiting the assignment of oral hearing dates in all of these cases. But all of these patents are now in the appellate pipeline. Finally, this past January, we participated in the IP Watchdog Conference in Washington D. C. Most attendees are looking forward to what appears to be a more favorable environment for protection of IP rights going forward. This optimism is largely due in part to the new leadership at the U. S. PTO. And the and their approach to intellectual property policy. The new Commerce Secretary who oversees the USPTO is a prolific inventor himself with hundreds of patents to his name and both in The U. S. Both the new U. S. PTO director nominee Mr. Squires and the Deputy Director Ms. Stewart. Have long experiences working with small inventors and startups that depend on the government's protection of intellectual property. Their perspective in the IP domain appears to be more balanced and fair compared to the pro Big Tech Big Law perspective of the previous administration. We are already starting to see tangible changes in terms of new policies coming out of the PTO. Combined with the steady progress we're making over the past few years, in our enforcement campaign and the plans that we have going forward.
And the new pro innovation policies in the government We hope that those combined will help us propel us to positive outcome the coming months and years. Now I'll turn the call over to Gail for the financial review.
P3: For the twelve months ended 12/28/2024, revenue was $147,600,000 an increase of 113%. Compared to the full year ended 12/30/2023. The strong top line results reflected the recovery in the overall memory market from the year ago period. While we do not formally guide, we currently expect first quarter revenue to be moderately down from the first quarter of twenty twenty four due to the short term softness in consumer demand that Chuck alluded to earlier. However, we do anticipate growth revenue for the full year of 2025 as the outlook from industry analysts remains strong. Operating expense for the full year 2024 declined 9.44% driven by reductions in IP legal fees and SG and A. We currently expect a further reduction in legal costs in 2025 as we enter the final phase of litigation for current actions. And a reduction in trials.
P4: interview:
Thank you. Will now begin the question and answer session. Our first question will come from Suji Desilva with ROTH Capital. Please go ahead. Hi, Chuck. Hi, Gail. Congrats on the verdict this week.
So yes, so Chuck maybe the California jury verdict does this in any way change the steps or timelines in pursuing collecting damages from Samsung? I know the appellate process is going on now. Does that Is that impacted by this case and the verdict at all? Or if not, just what's the timeline? Remind us the timeline for appellate case.
-yes, suji
It doesn't affect the appellate timeline at all. The appellate process for the the $33,000,000 I believe that the jury damages from 02/2023 that is the appellate process has already started on that. A few months back sometime late last year.
So that's going to come to a head sometime end of this year. Or early next year. There will be a ruling and that will be it. So no, this will not impact. What happened this to us it opens the door however for for the remainder of the term of our patent all of these patents that will go out till mid-2030s and beyond. So Samsung is now now fully exposed. The The appellate process for the $300 plus million win really those damages were only for past damages through the date of trial. What this when last week does is opens up anything from that from 2023 going forward all the way out to the mid-2030s.
Got it. Very helpful.
And separately with the announcement this week, I think you mentioned that the Google case may become unstayed. Can you confirm that if that's true and the potential timeframe there for any proceeding?
Well, the Google case which is so Samsung their rationale for preemptively suing us We did not sue them. They sued us first on unbelievable, but that's what they do.
So that was based on their claim that they they have a they have to indemnify Google as one of their biggest customers. And but effectively that is Samsung doing the bidding for Google. So the Google case involves the same patent. The 912 patent which is on appeal. So we will see the result of that relative sometime this year the 912.
And once that's decided then I think it's upon that decision that Google case will reopen. That has currently stayed in the Northern District Of California.
Okay. Great. And then lastly on the product revenue Chuck, what is your new product lineup sounds very strong here and has opportunity. When would you think that these new products contribute a material percent of the product revenue versus the resale revenue you have now? And might be the margin profile in the newer products?
The margin profiles for MR DIMMs and CXL and the are going to be in the 20s and 30%. Those will be very good. In terms of the volumes, or actual traction at the customer MR Dems probably later this year. CXL NV it is that is about a that's a very it's a pseudo custom product. So it will take a long time to to test and qualify. And that probably is starting next year. It's about a year's worth of qualification work. Although we're already sampling some big big OEMs and a hyperscaler It's a long design end qualification. But we've been working on that CXL NV4 now five years. So we're in in a good leadership position on that. And then the Lightning brand of ultra low latency products where we're starting to see revenues out of that already. So those two product lines kicked in at the end of last year.
End
We ended 2024 with cash and cash equivalents and restricted cash of $34,600,000 compared to approximately $29,800,000 at the end of Q3 twenty twenty four. With minimal debt. During the fourth quarter, we strengthened our cash position raising $15 through a registered direct offering. In addition, with a $10,000,000 working capital line of credit with Silicon Valley Bank, we continue to maintain significant financial flexibility and liquidity going forward. As always, we manage the operational cash cycle very carefully with days in inventory improved by twenty seven days over 2023, and days in sales improved by seven days year over year. Operator, we are now ready for questions.
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100lbStriper
2 days ago
Netlist, Inc. : Netlist Reports Full Year and Fourth Quarter 2024 Results
https://investors.netlist.com/websites/netlist/English/2120/us-press-release.html?airportNewsID=40cdc9e8-95e0-42ed-9012-9666d713cfa9
IRVINE, CA / ACCESS Newswire / March 27, 2025 / Netlist, Inc. (OTCQB:NLST) today reported financial results for the full year and fourth quarter ended December 28, 2024.
Recent Highlights:
Net sales for the full year of 2024 increased by 113% to $147.1 million compared to $69.2 million from the same period one year ago.
Gross profit for the full year of 2024 increased by 21% to $2.9 million compared to $2.4 million from the same period one year ago.
"In 2024, Netlist delivered strong revenue growth and made significant progress in intellectual property enforcement. During the year Netlist won patent infringement jury trials against Micron and Samsung, bringing total damages awarded for the willful infringement of its patents to $866 million. As the market for advanced memory continues to expand, Netlist remains well-positioned for growth," said Chief Executive Officer, C.K. Hong.
Net sales for the fourth quarter ended December 28, 2024 were $34.3 million, compared to net sales of $33.4 million for the fourth quarter ended December 30, 2023. Gross profit for the fourth quarter ended December 28, 2024 was $0.3 million, compared to a gross profit of $1.2 million for the fourth quarter ended December 30, 2023.
Net sales for the full year ended December 28, 2024 were $147.1 million, compared to net sales of $69.2 million for the full year ended December 30, 2023. Gross profit for the full year ended December 28, 2024 was $2.9 million, compared to a gross profit of $2.4 million for the full year ended December 30, 2023.
Net loss for the fourth quarter ended December 28, 2024 was ($12.7) million, or ($0.05) per share, compared to a net loss of ($13.2) million in the same period of prior year, or ($0.05) per share. These results include stock-based compensation expense of $0.8 million and $0.9 million for the quarters ended December 28, 2024 and December 30, 2023, respectively.
Net loss for the full year ended December 28, 2024 was ($53.8) million, or ($0.21) per share, compared to a net loss in the prior year period of ($60.4) million, or ($0.25) per share. These results include stock-based compensation expense of $4.4 million and $4.3 million for the full year ended December 28, 2024 and December 30, 2023, respectively.
As of December 28, 2024, cash, cash equivalents and restricted cash were $34.6 million, total assets were $41.8 million, working capital deficit was ($7.3) million, and stockholders' deficit was ($6.0) million.
Conference Call Information
C.K. Hong, Chief Executive Officer, and Gail Sasaki, Chief Financial Officer, will host an investor conference call today, March 27, 2025 at 12:00 p.m. Eastern Time to review Netlist's results for the full year and fourth quarter ended December 28, 2024. The live webcast and archived replay of the call can be accessed for 90 days in the Investors section of Netlist's website at www.netlist.com.
About Netlist
Netlist is a leading innovator in advanced memory and storage solutions. With a rich portfolio of patented technologies, Netlist's inventions are foundational to the advancement of AI which is revolutionizing computing. To learn more about Netlist, please visit www.netlist.com.
Safe Harbor Statement
This news release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements contained in this news release include, without limitation, statements about Netlist's ability to execute on its strategic initiatives, the results of pending litigation, including the second patent infringement jury trial against Samsung, and Netlist's ability to successfully defend its intellectual property. Forward-looking statements are statements other than historical facts and often address future events or Netlist's future performance and reflect management's present expectations regarding future events and are subject to known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those expressed in or implied by any forward-looking statements. These risks, uncertainties and other factors include, among others: risks that Samsung will appeal the final order by the trial court for the first Samsung litigation, that the second patent infringement litigation with Samsung may not result in a favorable result for the company, risks that Micron will appeal the final judgment by the trial court (appeals in general could cause a lengthy delay in Netlist's ability to collect damage awards, could overturn the verdicts or reduce the damages awards); risks that Netlist will suffer adverse outcomes in its litigation with Samsung, Micron or Google or in its various other active proceedings to defend the validity of its patents; risks related to Netlist's plans for its intellectual property, including its strategies for monetizing, licensing, expanding, and defending its patent portfolio; risks associated with patent infringement litigation initiated by Netlist, or by others against Netlist, as well as the costs and unpredictability of any such litigation; risks associated with Netlist's product sales, including the market and demand for products sold by Netlist and its ability to successfully develop and launch new products that are attractive to the market; the success of product, joint development and licensing partnerships; the competitive landscape of Netlist's industry; and general economic, political and market conditions, including the ongoing conflicts between Russia and Ukraine and Israel and Palestine, factory slowdowns and/or shutdowns. All forward-looking statements reflect management's present assumptions, expectations and beliefs regarding future events and are subject to known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those expressed in or implied by any forward-looking statements. These and other risks and uncertainties are described in Netlist's Quarterly Report on Form 10-Q for the quarter ended September 28, 2024 filed with the SEC on November 7, 2024, and the other filings it makes with the U.S. Securities and Exchange Commission from time to time, including any subsequently filed quarterly and current reports. In particular, you are encouraged to review the Company's Annual Report on Form 10-K for the year ended December 28, 2024 that will be filed with the SEC for any revisions or updates to the information in this release. In light of these risks, uncertainties and other factors, these forward-looking statements should not be relied on as predictions of future events. These forward-looking statements represent Netlist's assumptions, expectations and beliefs only as of the date they are made, and except as required by law, Netlist undertakes no obligation to revise or update any forward-looking statements for any reason.
Investor Relations Contacts:
Mike Smargiassi
The Plunkett Group
NLST@theplunkettgroup.com
(212) 739-6729
Gail M. Sasaki
Netlist, Inc., Chief Financial Officer
gsasaki@netlist.com
(949) 435-0025
NETLIST, INC. AND SUBSIDIARIES
CONDENSED CONSOLIDATED BALANCE SHEETS
(In thousands) (Unaudited)
December 28,
December 30,
2024
2023
ASSETS
Current assets:
Cash and cash equivalents
$
22,507
$
40,445
Restricted cash
12,100
12,400
Accounts receivable, net
1,671
4,562
Inventories
2,744
12,031
Prepaid expenses and other current assets
733
441
Total current assets
39,755
69,879
Property and equipment, net
517
770
Operating lease right-of-use assets
1,101
1,590
Other assets
466
560
Total assets
$
41,839
$
72,799
LIABILITIES AND STOCKHOLDERS' EQUITY (DEFICIT)
Current liabilities:
Accounts payable
$
42,307
$
39,831
Revolving line of credit
1,230
3,844
Accrued payroll and related liabilities
808
1,346
Deferred revenue
40
-
Other current liabilities
2,675
2,569
Total current liabilities
47,060
47,590
Operating lease liabilities
641
1,213
Other liabilities
186
237
Total liabilities
47,887
49,040
Commitments and contingencies
Stockholders' equity (deficit):
Preferred stock
-
-
Common stock
273
254
Additional paid-in capital
331,367
307,328
Accumulated deficit
(337,688
)
(283,823
)
Total stockholders' equity (deficit)
(6,048
)
23,759
Total liabilities and stockholders' equity (deficit)
$
41,839
$
72,799
NETLIST, INC. AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
(In thousands, except per share amounts) (Unaudited)
Three Months Ended
Year Ended
December 28,
December 30,
December 28,
December 30,
2024
2023
2024
2023
Net sales
$
34,275
$
33,433
$
147,103
$
69,205
Cost of sales(1)
34,021
32,279
144,219
66,812
Gross profit
254
1,154
2,884
2,393
Operating expenses:
Research and development(1)
1,077
2,340
8,064
9,164
Intellectual property legal fees
9,555
9,664
37,958
42,572
Selling, general and administrative(1)
2,737
2,899
12,090
12,414
Total operating expenses
13,369
14,903
58,112
64,150
Operating loss
(13,115
)
(13,749
)
(55,228
)
(61,757
)
Other income, net:
Interest income, net
252
460
1,048
1,300
Other income, net
149
46
316
60
Total other income, net
401
506
1,364
1,360
Loss before provision for income taxes
(12,714
)
(13,243
)
(53,864
)
(60,397
)
Provision for income taxes
-
-
1
1
Net loss
$
(12,714
)
$
(13,243
)
$
(53,865
)
$
(60,398
)
Loss per common share:
Basic and diluted
$
(0.05
)
$
(0.05
)
$
(0.21
)
$
(0.25
)
Weighted-average common shares outstanding:
Basic and diluted
270,089
253,547
259,904
244,118
(1) Amounts include stock-based compensation expense as follows:
Cost of sales
$
17
$
20
$
99
$
110
Research and development
110
184
908
875
Selling, general and administrative
677
715
3,429
3,352
Total stock-based compensation
$
804
$
919
$
4,436
$
4,337
SOURCE: Netlist, Inc.