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Technology Stocks : Rambus (RMBS) - Eagle or Penguin
RMBS 91.84+1.4%2:01 PM EST

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To: jim kelley who wrote (71422)5/1/2001 2:46:22 PM
From: NightOwl  Read Replies (1) of 93625
 
Hi Jk,

If the judge directs a non infringement verdict and does not direct verdicts on the JEDEC issues ( which make little sense if there is no infringement then the judge will smell as bad as judge jackson did in the MSFT case.

Unless IFX counsel suffers major brain infarction it appears exceedingly unlikely that the Judge will have any basis to direct a verdict on the fraud and RICO allegations since IFX already had to establish their prima facie case to survive the Rambus pre-trail Motion to Dismiss.

As I see it, it doesn't much matter whether RMBS' three remaining claims survive. Their primary focus has to be avoiding liability on IFX's counterclaims. They better have some very good evidence which has as yet been undisclosed at Rambuscite. And I still can't see any room for a settlement that would be acceptable to IFX and RMBS. If the report on expert testimony on damages is correct and $3.6 million is the ball park RMBS is presenting to the jury, ...well I doubt that is enough to make IFX consider anything less than a full release on current and future claims involving SDRAM and DDR.

0|0

P.S. The real question, IMHO, is whether RMBS has enough of a toe hold to go on with DRDRAM once INTC issues its SDRAM and DDR chipsets for the P4 and PS2 revenues start to dry up. I think this is unlikely. When you engage in real Death litigation, there is usually a good reason for it. In this case I think RMBS knows that it won't make it on DRDRAM alone and has realized this since the first ITC action. I believe they must now keep fighting the IFX case as long as there is a court willing to listen.
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