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Politics : Formerly About Advanced Micro Devices
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To: Elmer who wrote (100149)3/27/2000 8:03:00 AM
From: Bill Jackson  Read Replies (1) of 1571723
 
Elmer, High tech patents are often so complex that the patent office lacks competent examiners who understand the issues so they default and let what is public domain material gain a patent figuring the legal system will examine the matter later and make the final determination.
This has led to a large number of fraudulent patents that have been granted that are in fact public domain.

With Rambus it seems that the use of the rising and falling clock edges was discussed in the Jedec standards meetings and was old tech at that time since it has been used in mainframe cache for years to the point where it is just public domain and then Rambus patents it. The examiners know little of the nuances of high speed cache and grant it. Rambus hastily exits the Jedec standards group and lays low as it has probably had internal communications from it's legal staff that they are in a bind with this since they modified the application after attending the Jedec meetings and realizing that double data rate ram would kick Rambus to death they tried to get the patent to cover double data rate.....yet it was clearly discussed at the Jedec meetings and was already public domain and they signed the Jedec agreements. So there will be some legal work here. It seems Hitachi will not go quietly into the night and this will get aired completely and the inappropriate actions by Rambus could be seen in their true light as attempted co-option of public domain knowledge. It will take years, however Rambus will not be able to get an FTC block or injunctive relief and will have to fight the long fight and lose the long fight since it is not an open and shut matter where the FTC will block parts.
I would also expect many Rambus partners to refuse to pay any royalty on double data rate patents as they also know they are public domain as they were at the Jedec meetings also.

To answer your question. It is quite correct to fight for your patent rights......if you really have them.

Bill
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