Evening ST,
Could this mean that if this jury (if it gets there) finds in favour or RMBS on the fraud JEDEC charges, RMBS could come back after IFX with different patents (hopefully with a different Markman ruling)? Could the other JEDEC members claim fraud in their lawsuits against RMBS after this jury’s finding?
This is what I have been speculating about this past weekend, that the preferred course of action would be a new lawsuit not an appeal (this Markman , dog, won’t hunt). MU petitioning to join this case might also mean that if RMBS prevail in this case on fraud, MU won’t have that defense anymore.
I don't know what Robertson meant by his comments. I can certainly imagine circumstances in which RMBS might bring subsequent suits on different patents against IFX no matter what the jury finds regarding the fraud and RICO claims.
But I have to stress that for them to bring such subsequent action related to claims involving SDRAM/DDR if they loose on the present infringement claims would be truly unique in my experience. I have never known a corporation to bring a "litigation to the death" action, lose and have sufficient strength and/or insanity to come back for another round.
I know speculation on such possibilities is part of the "fun" of investing. RMTR, my one true love<vbg>, has been engaged in patent litigation since I first met her in 1996. But its no where near as interesting as this RMBS "stuff." Its like a sequel to "Gladiator" every night.<VBG>
The more information which comes out the more it appears to me that neither RMBS nor its lawyers thought that IFX would fight. I think their attorneys, and thus RMBS itself, have known the Markman risks they faced before the suit began. And I believe that they felt compelled to run that risk because it was the only way they could survive competition between DRDRAM and SDRAM/DDR.
Frankly just considering the IFX victory against the Motion to Dismiss, and the Judges reported comments this week concerning the long "silence" of RMBS regarding pursuit of its SDRAM/DDR infringement claims, I suspect that there is more than a nominal risk of the Court entering a directed verdict for IFX on the fraud and RICO claims, leaving only the question of damages to the jury.
Of course this is all just my midnight speculation; but in the end I don't think RMBS has any options left. They can't simply accept a loss on infringement and hope for a victory on the fraud or RICO claims and forego any appeal to come back again another day. IFX is going to appeal any adverse ruling it may get on the fraud/RICO actions and, if it doesn't cave, RMBS has to appeal the Markman/infringement defeats.
Death Litigation is sort of like membership in JEDEC. You can chose to play the game or not. But once you start its like hell trying to get out with your patents in tact. And most importantly you had better have your facts straight before you make the call. I am just guessing at all this, but I think RMBS had the "facts" and was willing to bluff.
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