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Strategies & Market Trends : Gorilla and King Portfolio Candidates
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To: Dinesh who wrote (42785)5/21/2001 1:29:17 PM
From: tinkershaw  Read Replies (1) of 54805
 
Hi Dinesh,

Mr Rockwell certainly doesn't mince his words. But I do find
his line of reasoning a bit, how do you say it, awkward ?

I agree with you. This fraud count will be difficult to overturn on appeal. Legally it may turn out to be correct. I have not looked hard enough.

The one frustration Mr. Rockwell is presenting is that after digging in very deeply to what went on in this case, I think it pretty clear that RMBS did not commit fraud and that what the jury latched onto was circumstantial at best. That what really happened is that Infineon used RMBS technology, via NDAs (non-disclosure agreements) for free in a concerted effort with Micron, and IBM and few others may have been involved as well, to "cherry pick" the Rambus technology but do it in such a way as not to have to pay Rambus. This is also the way I quite plainly saw it.

This being the case Mr. Rockwell is very frustrated with this finding. It just spells injustice. We will have to see if the decision is legally proper when goes up on appeal. I haven't had the time to take a deep look at exactly what the legal standard being used here was. When I do I'll report on it. But I think this is what is behind Mr. Rockwell's. Basically flabergasted by what actually appears rather probable or almost certainly to have happened and what the jury found.

Infineon's legal team did a remarkable job and should be commended. Doesn't mean that justice was served. But that is the real world.

Tinker
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