Rambus (RMBS) - Eagle or Penguin Message Board

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Technology Stocks : Rambus (RMBS) - Eagle or Penguin

RMBS 95.26

+3.1%

Nov 14 9:30 AM EST

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To: Tenchusatsu who wrote (51788)	8/29/2000 8:13:26 PM
From: Dan3	Read Replies (1) of 93625

Re: <MU's position will no doubt be that the patents are invalid and even if they are valid are unenforceable due to JEDEC.> That's what the lawyers call a "broken kettle" defense. No, it's called "pleading the alternative", and to not include the alternative causes of action that arise from a particular set of facts would be malpractice on the part of the attorney. If one count fails the other can be pursued, and they can both be appealed. If the alternative is not plead, that cause of action is considered to be waived and cannot be appealed. Dan

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