Japan and Europe probably treat contract law more mildly then in the US. Mind you, if that contract did not include a clause that the lack of enforcement of the contract in some of its parts does not negate the rest of the contract (and from the lax attitude these people had on enforcement, that is probably the case), I think that the breach of contract" approach has a very small chance to succeed. In any event, I doubt that Infineon and Micron can sue Rambus on contract breach in the US, if there is indeed a Jedec contract, it will have to have a "venue" clause, and that clause will certainly not call for an extra territorial venue. The Case in Europe and France is purely a patent infringement case, and thus the only question will be do Micron and Infineon products that reach the European market infringe on Rambus' patents, and if they do, could the patents be invalidated based on non existent patented prior art (not prior disclosure, but filed patent prior to the priority date of 1990 claimed by Rambus for their European application).
Skeeter, remember my old warning from the days I used to post on MU, don't fall in love or in hate with a stock, every time you fall in hate with a stock and short it, you get hurt. You got to learn from history. Even if on basic principle you might be right and Rambus is nothing but POS, listen to what the market is telling you, the market knows best.
Zeev |
