Pomp, I am not sure that the "Hitachi gambit" will fly. This is not a "class action suit", this is a selective target which RMBS chose carefully, IMHO, and it is not up to Hitachi to tell the court, hey, "I am not the only thief in town, until you gather all the thieves and try them with me you cannot touch me."
They may request, but I doubt that a court will oblige. There were a number of prior cases where a single defendent was selected by the plaintiff, and only after the first victory, they got down to the business of collecting from every one else. For instance, the famous Gould laser patent was infringed by the whole industry and was decided in one case, TXN, had similar controlling patents in chips and they went after one outfit and after they won, the rest fell in line.
I think that Hitachi is trying to ask other DRAM makers to foot the legal bill for them, and it ain't working.
Zeev |