Rambus (RMBS) - Eagle or Penguin Message Board

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Technology Stocks : Rambus (RMBS) - Eagle or Penguin

RMBS 125.92

+14.4%

Jan 21 3:59 PM EST

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To: Rich1 who wrote (86048)	4/16/2003 5:37:55 PM
From: Don Green	Read Replies (2) of 93625

Judge rejects Rambus bid to dismiss FTC case Wed April 16, 2003 02:56 PM ET WASHINGTON, April 16 (Reuters) - A federal judge rejected a motion by Rambus Inc. RMBS.O to dismiss the government's antitrust case against it, saying there was enough evidence to warrant going ahead with a trial later this month. Two weeks before the case is scheduled to go to trial, U.S. Administrative Law Judge Stephen McGuire said there was "sufficient evidence" that Rambus might have engaged in anti-competitive tactics. "Whether Respondent engaged in a pattern of deceptive, exclusionary conduct by subverting an open standards process; whether Respondent utilized such conduct to capture a monopoly in technology-related markets; and whether the challenged conduct violates well-established principles of antitrust law are material questions of fact to be resolved at trial," McGuire wrote. In a separate ruling, the judge also turned down a request by FTC lawyers that he expand a list of legal findings against Rambus for its alleged destruction of documents related to the case. The added legal findings sought by the FTC would have tilted the case against Rambus. At stake in the case are Rambus patent claims worth over a billion dollars in royalties from memory-chip makers. The FTC filed antitrust charges against Rambus in August. It contends Rambus participated for more than four years in an industry standard-setting group without disclosing it had a patent and several pending patent applications for specific technologies ultimately adopted by the group. The two decisions were dated Tuesday but not made public until Wednesday. McGuire took over the case earlier this year from another administrative law judge who retired. The trial is scheduled to begin on April 30. Rambus general counsel John Danforth said judges do not often grant motions for dismissal before trial in cases like that involving Rambus. He said the two orders handed down by McGuire mean both issues will be "up for grabs at trial." In its motion for dismissal, Rambus had argued that the case should be thrown out before trial because the company had notified the industry group about its patents and because the ground rules that govern the group were unclear.

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