To: NightOwl who wrote (55177 ) 9/26/2000 1:55:54 AM From: mishedlo Read Replies (2) | Respond to of 93625 <<The "docket entries" reposted to your link indicate that RMBS filed two Motions to Dismiss [for want of subject matter jurisdiction and failure to state a cause of action] late on the 18th of September. Yet we haven't heard the usual bleating of Mr. K or anyone from RMBS. I can only assume that this indicates at least a temporary victory for the RMBS attorneys and a sign that they are taking the MU suit seriously. This bodes well for RMBS' chances.>> I do not understand this argument unless you are saying silence is strengh and they do not want to tip their hand. <<Other than that, the only thing I can glean from this modest information is that RMBS has not asked any US Court to halt MU's U.S. production and sale of SDRAM/DDR. That's a fairly large shoe yet to drop and I don't know why RMBS has not put it in play. I am sure they have their reasons for going the motion to dismiss route first, but I assume it means they don't feel it serves their interests to rush the MU litigation. Based on our complete lack of evidence on the underlying claims, I can't say that I would disagree with such an approach. But the more interesting question for me is what effect, if any, MU's case could have on the other suits and license agreements that might be concluded before it is?>> Is it possible you have that last paragraph backwards? In that I mean, RMBS might want the other cases to settle first in Germany or through arbitration to strengthen their case against MU here. Comments? Then ASSUMING they win in Germany or settle before trial, Hammer MU with what you suggested, ask for stoppage of SDRAM/DDRAM. SPECULATION - If they ask for stoppage now, MU could ask to have it thrown out, could they not? OTOH throwing it out would be much harder after another settlement, court victory, or arbitration wouldn't it? Comments? Obviously if they lose in Germany they are toast, and "The BEARS WIN" but neither of us really knows if this is going to trial. I still think the only case with any realistic chance of making it to trial is MU. But this is just my belief. Final question. Is the result of non-binding "pre-trial" arbitration public? Thanks, and BTW an apology was intended. That said I will not respond favorably to bashing by either side and I have sent private EMAILs to both sides on this. The problem is someone has to stop first and it never lasts. Then we see the next BaahaaaBBHHHHHHAAAAAA BS all over again.