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Technology Stocks : Rambus (RMBS) - Eagle or Penguin
RMBS 90.56-4.4%Dec 17 3:59 PM EST

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To: Ian@SI who started this subject2/7/2001 12:17:32 PM
From: jim kelley  Read Replies (1) of 93625
 
Re: Rambus vs. Infineon Docket 87

Infineon is arguing that Rambus should not be allowed its claims on the SDRAM features it has patented because the original specifications described RDRAM. This is a clever argument by Infineon lawyers to strip Rambus of any rights to its programmable memory delay patent claims. The programmable delay embedded in the dram was originated by Rambus. If they are able to get the judge to buy this "narrow interpretation" argument then they can escape paying royalties on SDRAM and DDR.

Infineon is trying to restrict the definition of a "bus" to "multiplexed Bus" as found in the Rdram filing specifications. There are prior art "bus" discussions found in the the original specifications. The programmable dram delay is not dependent on any specific type bus and thus can be the subject of an independent claim within the "divisions" and "continuations" of the original patent filing.

A patent "continuation" is easy to obtain and allows the patentee to write new claims while retaining the filing date of the older patent.

It is clear that the patent office viewed the original patent filing as a collection of inventions rather than a single invention. Rambus was allowed to file divisional applications up until the time the first patent issued.

I am not a lawyer but the infineon argument is incorrect albeit clever. The purpose of the divisions and continuations is to allow the many inventions described by the original Rdram filing to be claimed and patented.

The programmable memory delay and the many features originated by Rambus that are being used in DDR are in fact not dependent on the bus type of the memory. Thus, these can be independent claims and apparently. The fact that SDRAM does not use a "multiplexed bus" is not really relevant to Rambus' other independent claims.

JMO
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