My friend, in the court, it not what you said that count, (that is called "hearsay", I believe) it is what you did, and the fact of the matter is that they signed the dotted line. They can argue until they are blue in the face that they signed the Agreement because of the future merger of their Dram operations with those of NEC, a corporate signature on a licensing agreement is at least a partial recognition of the validity of the underlying IP. Since to operate as a new entity, the new company will have to have access to IP generated, licensed or cross licensed by the parent, it would be a walk in the park for Rambus to show, that their IP should get the treatment as other IP involved, and thus, prior Agreements signed by both of its antecedents corporate bodies, surely will inure on the successor
Zeev |