Wily, you cannot file claims on material that was not in the specification, period. They learned by whatever means (even EE articles describing intentions of JEDEC future standards) that this device was infringing on their IP (botyh existing and contemplated claims), and did what was necessary to protect their IP. Don't forget that many of these JEDEC members already signed NDA with RMBS and have learned from RMBS of their technology, then they came to JEDEC proposing to incorporate some of the smarter features of RMBS' IP into their standards. You are putting the cart before the horses. If RMBS was really into litigations per se, they could go after those that disseminated the proprietary information to other JEDEC members for "breach of confidentiality". Mind you, INTC was one of the leading companies formalizing the SDRAM standard in JEDEC, all based on what they have learned from RMBS prior to that.
As I have stated before, what were the JEDEC member thinking? They knew RMBS was not a producer but a developer of IP. Many of them knew exactly what that IP was through confidential disclosures, were they thinking that RMBS' stock holders were altruistic and make no attempt to recover their investment in that IP? The strange thing is that I have seen a lot of that thinking in big corporations before, and the thinking was very simple, we will infringe and use attrition in the courts to prevail. With their limited resources, a RMBS will not have the resources to fight us. Now, they got caught with their pants down and are crying foul. Very funny.
Zeev |
