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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: NightOwl who wrote (71453)5/1/2001 10:06:28 PM
From: sergiotenenbaum  Read Replies (2) of 93625
 
Hello NightOwl,

From J. Robertson (EBN) 05/01/01

“”Ironically, Rambus may not be the only litigant to hope Judge Payne doesn't dismiss the last three claims.
Some DRAM litigants want to get a trial decision in the Richmond court on charges that Rambus engaged in fraud and antitrust violations in withholding its synchronous memory patent applications from the JEDEC panel while it was a member of the body in 1991-95 drafting an open industry standard. This week Infineon is presenting its case on these charges. “”
“”Judge Payne didn't rule on the validity of the patents or the 54 invention claims covered by them, but simply that Rambus attorneys had failed to produce any evidence that Infineon had infringed any of these claims.””

Could this mean that if this jury (if it gets there) finds in favour or RMBS on the fraud JEDEC charges, RMBS could come back after IFX with different patents (hopefully with a different Markman ruling)? Could the other JEDEC members claim fraud in their lawsuits against RMBS after this jury’s finding?

This is what I have been speculating about this past weekend, that the preferred course of action would be a new lawsuit not an appeal (this Markman , dog, won’t hunt). MU petitioning to join this case might also mean that if RMBS prevail in this case on fraud, MU won’t have that defense anymore.

Regards, ST
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