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To: Voltaire who wrote (16619)	11/15/2000 8:29:12 PM
From: J Krnjeu	Read Replies (1) of 65232

Hello Voltaire, RMBS & ITC messages.yahoo.com Re: RAMBUS LAW YERS by: itclyr 11/15/00 3:57 pm Msg: 190906 of 191037 Rambus did what any patentee who cares about its patents would do when informed that Judge Harris would be hearing the case: it exercised its absolute right to withdraw the complaint. 19 CFR 210.10(a)(5)(i) says "The complainant may withdraw the complaint AS A MATTER OF RIGHT at ANY TIME before the Commission votes on whether to institute an investigation." (emphasis added). Rambus was well within its rights, and I would counsel any client of mine who was the patentee to do the same. Any client who was a defendent before Judge Harris I would advise to cheer loudly. A few facts on Judge Harris: 1) He is NOT an "article 3" federal judge like a District Court Judge. He's an employee of the ITC who has been hired to act as an "administrative law judge." His rulings are appealed to the full Commission, not to federal court. Only the Commission's decision is appealed to Federal Court. 2) Judge Harris' overriding characteristic is an extreme hostility to patents. I've been before him a number of times and he has upheld a patent precisely once. 3) So extreme is his hostility to patents that he once "sua sponte" struck down a patent as invalid, even when the defendant had not even asserted the patent was invalid. When this decision reached the Federal Circuit, he was summarily reversed, and has since acquired the nickname "Sua Sponte Sid." 4) He's advancing in years and mercifully will retire soon. 5) The decision being quoted here is a classic illustration of just how bad he is, since he has no authority whatsoever to inquire into the motives of a complainant. Remember also it's just his pique that lawyers are beginning to get wise to his bias. 6) The Commision (to which Judge Harris' rulings are appealed) has reversed his findings of invalidity a number of times. 7) The fact that RMBS' lawyers were astute enough to withdraw the complaint illustrates again that RMBS is willing to retain the very best legal counsel and is another reason for confidence that it will ultimately prevail. ITC

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