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

To: Pat Hughes who wrote (53211)	9/13/2000 10:15:15 AM
From: richard surckla	Respond to of 93625

OT... Pat... I see they are going to put one of your competitors out of business... the sub-way bar Siberia. Looked like an interesting place on TV.

To: Pat Hughes who wrote (53211)	9/14/2000 1:10:09 AM
From: richard surckla	Read Replies (1) \| Respond to of 93625

Pat... from our patent attorney friend on YAHOO!! Legal Issues by: itclyr 9/13/00 11:25 pm Msg: 160069 of 160125 I have been out of town for the last two days, and return to news of the patent lawsuit in Germany vs Infineon. I must say, RMBS' approach to patents is an audaciously aggressive strategy. Whenever I think RMBS is pushing the limits of aggressive enforcement of patent rights, they do something to amaze me even more. However, since I am not an attorney in Germany, I cannot speak credibly about German legal procedure or German patent law. From a tactical standpoint, I will venture a few thoughts, in no particular order. I've only had about 20 minutes notice, so these are just initial thoughts. I'll try to check in tomorrow. 1) RMBS' suit in Germany should dispel any notion that the current suits will excessively drain its resources. It is clearly not concerned about the cost. 2) RMBS is playing hardball of a variety I have never seen before. I notice the German suit is scheduled for trial in December 2000. That will force Infineon to cough up its story on JEDEC very very fast, and certainly will force them to make a decision on licensing sooner than otherwise. Once RMBS has the full story its opponents are likely to use, it can then essentially get ready for everyone else, and maybe even press for summary judgment in some of the US cases. 3) The links posted indicate that RMBS is seeking an injunction against Infineon in Germany. This is what I consider audacious, because if successful it would essentially strangle Infineon in its bed. Because Infineon is located in Germany, an injunction would mean not only no production for export to the US, but NO PRODUCTION AT ALL, not for US, not for the Far East, not for South America, Australia, etc. Unless Infineon has plants elsewhere (someone please indicate exactly where their production is located) they are all but shut down in terms of DDR or SDRAM production. 4) In essence, RMBS is seeking the functional equivalent of a US ITC determination, except more powerful because it would shut Infineon down at the source. 5) The issue of bias against a "foreign" company like RMBS vs a German co. like Infineon is a variable I can't speak to. I'd appreciate hearing from someone with knowledge of the German legal system. 6) Someone asked about why there is no ITC case against MU. Simple--MU is a US company. Remember, an ITC remedy for infringement is an order to the US Customs Office prohibiting entry of the goods into the US. With MU, they're already here, so the remedy wouldn't help (i.e., the "International" part of the International Trade Commission is not present). Hope this is coherent, because I've been sick in addition to tired lately. ITC