Rambus (RMBS) - Eagle or Penguin Message Board

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Technology Stocks : Rambus (RMBS) - Eagle or Penguin

RMBS 95.45

+1.3%

Dec 15 3:59 PM EST

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To: Ian@SI who started this subject	5/23/2004 1:13:00 AM
From: Don Green	Read Replies (1) of 93625

More insights from Yahoo: Payne's Removal by CAFC by: mtsugawa Long-Term Sentiment: Strong Buy 05/22/04 05:04 pm Msg: 643925 of 643998 After reading both of Payne's memorandum supporting his order to pierce Rambus' A/C and work product privilege, I am more absolutely convinced that the CAFC will have no choice but to remove Payne if they decide in Rambus' favor. Payne goes to great lengths to try to buttress his orders by stating that the material he reviewed in camera shows that Rambus' implementation of its document retention policy was nefarious in nature. Now, if the CAFC rules that the remand was limited to infringement and that there cannot be new discovery/defenses introduced, then how can they leave Payne as the judge? He has been prejudiced by the in camera material which should have never been seen by him. In a real court, a Special Master would have been assigned to review these documents. Payne even includes a footnote explaining why a Special Master was not assigned. His excuse is that this would have delayed the trial since the Special Master was not familiar with the case. I suspect that Payne wanted to see these documents himself to help him control the trial. This whole in camera review of priviledged documents is also highly suspect, IMO. It's the equivalent of going into someone's house w/o a warrant, finding some incriminating evidence to justify your theory and then using this evidence to get a warrant. I think the CAFC will have something to say about this as well. Just one of many thoughts I'm having these days. Mark ===================================================== Stop the dreaming right now board. by: scruffynyc "Pat Hughes" 05/23/04 12:10 am Msg: 643989 of 643998 Read the latest from Payne. Not only is Payne not going anywhere...Rambus will lose in Virginia. I'm only half way through and you can see we are in trouble. He mentions the previous writ by Rambus to the higher court was in fact denied. So much for thinking that Bryson is/was waiting to pounce on Payne. Prepare yourselves for a long, long summer. I hate to say it..but I gotta hand it to the Rambus execs for bailing when they did. A special thanks to our marketing guru Ron May who just arrived last fall and dumped a busload of options! Brace yourselves. The bleeding ain't going to stop. ================================================ Re: Stop the dreaming right now board. by: scruffynyc 05/23/04 12:32 am Msg: 643994 of 643998 I was too irritated as i was reading it to full grasp what he was saying. I'm going to mail myself a "Can You Even Read Shirt!"

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