Defendant

Diablo Technologies, Inc.

3 cases as defendant.

Cases
3
Active
0
3 closed
Filed
2013
Top venue
N.D. California
2 cases
Also appears as a plaintiff in 1 case → View as plaintiff

Company profile

Diablo Technologies, Inc. was a private, venture-backed memory-technology company founded in 2002–2003 (sources differ) and headquartered in Ottawa, Ontario, Canada, with a U.S. office in San Jose, California. It was funded by investors including Battery Ventures, BDC Capital/Venture Capital, Celtic House Venture Partners, Hasso Plattner Ventures, and Israel Cleantech Ventures, and raised roughly $87M total, including a $37M Series C round announced in 2016. It was never publicly traded; it filed for bankruptcy in late 2017/early 2018, and Rambus Inc. (NASDAQ: RMBS) acquired its memory-technology assets and patents in January 2019 (assets only, no liabilities; terms undisclosed). Verified headcount and revenue figures were not found.

Diablo developed NVDIMM and "flash-as-memory" technologies for servers and storage. Its principal offerings were the Memory Channel Storage (MCS) platform — flash DIMMs plus controller chipsets and software placed in standard DDR3/DDR4 memory slots — and Memory1, an all-flash DDR4 system memory module (128GB) with Diablo Memory Expansion (DMX) software. Diablo supplied chipsets used in SanDisk's ULLtraDIMM and IBM's eXFlash modules, with announced engagements involving Inspur, Super Micro, Huawei, Lenovo, and Boston Limited.

Litigation posture: Diablo was an operating company, not a patent assertion entity. The tracked cases show two appearances as defendant and one as plaintiff — an active two-way commercial litigant, not an NPE. All three matters sat in the U.S. District Court for the Northern District of California (Oakland/San Francisco), not a plaintiff-friendly venue such as the Eastern District of Texas.

Notable cases: Netlist, Inc. v. Diablo Technologies, Inc. (filed Dec. 2013) alleged breach of a 2008 development/supply agreement and trade-secret misappropriation; a January 2015 preliminary injunction briefly barred Diablo's chipset, but a March 2015 jury verdict largely favored Diablo (Netlist received $2 nominal damages on Lanham Act claims), and the injunction was dissolved in April 2015. Diablo Technologies, Inc. v. Netlist, Inc. (2014) was Diablo's own unfair-competition suit. Netlist, Inc. v. SMART Storage Systems, Inc. et al. was the related ULLtraDIMM patent action naming Diablo among the defendants.

Netlist, Inc. v. SMART Modular Technologies, Inc. et al.

partly severed and transferred
Docket:
8:13-cv-00996-DOC-JPR
Filed:
2013-07-01
Patents:8250295

Netlist filed antitrust, Walker Process fraud, California UCL, and common-law fraud claims attacking the '295 patent. On November 26, 2013, the court severed and transferred the '295-related counts (counts 6, 7, 13, 14) to E.D. Cal.; the remaining claims were transferred to N.D. Cal. on December 23, 2013.