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

To: mishedlo who wrote (56185)	10/2/2000 12:28:35 AM
From: mishedlo	Read Replies (1) \| Respond to of 93625

Re: RMBS response to MU by: itclyr 9/27/00 3:11 pm Msg: 165236 of 166805 Thanks for the link goose eggs, and thanks to Rambusite for posting it. The link only shows the docket describing the filings, and does not allow you to pull up the actual filings themselves. In this case that doesn't matter, however, since the briefs RMBS filed are sealed anyway. When MU filed last month, I stated in my posts that RMBS might seek to throw out the case on the ground that MU "jumped the gun" in suing RMBS for a declaration of invalidity. It appears that this is what RMBS is doing. This defense has to be asserted at the very outset of the litigation, BEFORE the substantive response to the complaint is filed, or it is waived (i.e., lost). RMBS has filed 2 motions. The first seeks to throw out counts 1-6 (the antitrust/fraud based claims) for failure to state a claim upon which relief could be granted. Essentially, this is an assertion that MU has not provided a sufficiently detailed factual basis for holding RMBS liable on those claims for relief. The second motion seeks to throw out the remaining claims for lack of subject matter jurisdiction. This is the "jump the gun" basis of dismissal I alluded to last month. MU has until October 2 to respond to both motions. I can't glean any additional factual information from the limited information on the docket. If anyone knows how to pull up the actual filings, please let me know. ITC ================================================== P.S. I mishedlo - do not know who "goose eggs" is. I posted the message as it appeared.