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Technology Stocks : Rambus (RMBS) - Eagle or Penguin
RMBS 91.85-3.0%Dec 31 3:59 PM EST
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To: Zeev Hed who wrote (59165)10/29/2000 8:10:57 PM
From: Dan3  Read Replies (1) of 93625
 
Re: Mind you, there is no "Corporate veil" in such a case and both owners of the new entity can be called to answer wanton violation of the IP

Hi Zeev,

My wife's work includes alter ego liability litigation (piercing the corporate veil), so I've heard about several cases that involve such law. When she is involved in tech cases, we discuss them at length since I have a technical background (she uses me as an initial resource for some cases).

I really doubt that your invocation of alter ego liability is appropriate here. Rambus and NEC/Hitachi had a contract for NEC/Hitachi to pay Rambus some money for a period of about 5 months. NEC/Hitachi didn't stipulate to applicability of any patents to anything, they just paid Rambus to go away for a while. Rambus was rather desperate for some good news and some near term revenues at the time, while NEC and Hitachi wanted their spinoff to start out without any lingering legal issues, so such a contract was beneficial to both parties.

But it doesn't significantly effect any future negotiations unless there was some formal recognition on the part of NEC/Hitachi regarding the validity of the Rambus patent claims, and all reports at the time contradict such a supposition.

This is in contrast to the OKI contract, which appears to have required that OKI refer to "important Rambus patents" in a press release. No such release from NEC or Hitachi.

Regards,

Dan

PS - what does your technical analysis (your famous turnips) say about Rambus right now?
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