NO:
Even croaker on yahoo worries about trial.
john
Trial Thoughts: Part One
by: croaker_frog (51/M/Virginia Beach,Virginia) 04/25/01 09:14 am EDT
Msg: 257556 of 257590
Today, I am taking a bit of a break and sit here at home refecting on what has transpired so far in the Rambus-Infineon case. To be sure, one cannot get a feel for the trial through computer postings and news reports. Being there, you feel a certain atmosphere; a certain tenseness between the parties. As you listen, you hear the differences in the strategies and philosophies of the two sides. There is more at stake here that meets they eye. There are royalties; then there is the all more important issue of law-respecting IP as if it were tangible property. Ideas have fuzzy outlines, unlike a mirror, or a house. But IP has far more power in our society to transform the world-and that accounts for the battle that is taking place in a Richmond court. I do have one major concern for Rambus. Since this case was filed eons ago in a rapidly evolving tech world, the case has changed significantly. It started out as a "simple" infringement case that Rambus felt a jury could easily see and find an untrouble verdict in their favor. Since that time, much has changed. The definitions of words used in the patenttook on a completely different meaning and snafus began to surface in documents pertaining to involvement in JEDEC. I could go on and on at the history of the case; but I think it is safe to say that knowing what Rambus knows today, would they still have chosen a jury trial in Virginia? I think not. The quick justice of the rocket docket may be fine for some cases, but may be entirely inappropriate to this evolving case.
Trial Thoughts: Part two
by: croaker_frog (51/M/Virginia Beach,Virginia) 04/25/01 09:26 am EDT
Msg: 257569 of 257588
Here's why. Looking back on 20-20 hindsight, Rambus has had a mountain of discovery dumped on them with just days to prepare for trial. This was no accident, this was a calculated move by savvy defense lawyers. I saw literally 100,000 pages of evidence that will be turned over to a jury of eight citizens. Most disturbing however, is the defense ability to control the flow of information. It is to their advantage now to rush this case to judgement, while Rambus scrambles to find out the answers to many serious new questions arising out of the late discovery. I heard Monohan on Monday mention to the jury the meetings that IFX attended and he told the jury how "no one fesses up to being there". Given more time, perhaps a sharp investigator can find out what is needed in an industry that seems bent on back stabbing those who provided the IP fuel needed for the industry to keep growing. I have hope of a Rambus victory, and the legal and intellectual side of me says they should win this case against a stiff legal headwind. Will the jury do the right thing? That is the real question; and I remain confident that they will. |
