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Technology Stocks : Rambus (RMBS) - Eagle or Penguin -- Ignore unavailable to you. Want to Upgrade?

To: jim kelley who wrote (46085)	6/26/2000 1:54:00 PM
From: blake_paterson	Read Replies (2) \| Respond to of 93625

Got through Par. 96 of the Deposition (http://www.theregister.co.uk/content/3/11576.html) so far. Summary of salient paragraphs (and my amateur observations on the Hitachi affirmatives and counterclaims), fwiw: Second affirmative defense focuses on the JEDEC issue: "..due to the actions and concealment of Rambus in connection with standard-setting activities and participation in...JEDEC.." Fourth affirmative defense calls on equitable estoppel. (using the Wang precedent, I presume?) Seventh affirmative defense states that RMBS, by reason of its conduct at JEDEC and elsewhere, has granted the defendants an implied royalty-free license. (Nice try) Counterclaim Paragraph 59: RMBS' behaviour at JEDEC (and others) equates anticompetitive conduct. Counterclaim Paragraph 61 & 62: RMBS knowingly subverted JEDEC process, failed to disclose anpplications and continuations, and filed continuations which "reflect" what they learned at RMBS. (Continuations and divisionals CANNOT entail the addition of new matter (see Par. 93 & 94)) Counterclaim Paragraph 81: RMBS licenses imposed unwanted obligations on licensees, by not simply permitting the use of RMBS patents, rather requiring a license for other RMBS patents. (Well, duh. I sold you a license to X and you want to use Y? Procure a license for that one, then!) JMO, <eom> BP