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To: Daniel Schuh who wrote (14955)	10/18/2000 7:58:23 PM
From: Jim McMannis	Respond to of 275872

RE:"Whatever, just watch out that Jim McMannis doesn't accuse you of conspiring with Democrats or something. Everyone knows that the big law firms that handle all this business litigation are a bunch of bleeding heart commies." LOL... OTOH, Those trial Lawyers are a MAJOR contributor to the DNC. Why is that? Who always makes out in these lawsuits? Jim

To: Daniel Schuh who wrote (14955)	10/18/2000 9:27:04 PM
From: Dan3	Respond to of 275872

Re: Micron is allegedly already suing Rambus for DDR development costs I think the basic idea is that the one timing register used by SDRAM, DDR, and a host of other applications, that Rambus is trying to lay claim to, is a claim that Rambus concealed when it was negotiating with Micron over IP contracts between the two companies. It's a relatively trivial piece of IP that Micron simply wouldn't have used had they known Rambus was trying to claim ownership. By waiting until Micron had committed hundreds of millions of dollars of resources to that design, then springing their claims, Rambus was acting fraudulently, and Micron's response is to sue for the return of the investment dollars expended in reliance upon Rambus's various representations. Did you know that it is not necessary to have a commercial agreement written on paper in order to have enforced in a court of law? Reviewing what was on paper and using the hypothetical conclusions of "a reasonable man" a verbal contract can be concluded - and enforced. Rambus had considerable interaction with Micron through the period in which Micron was implementing SDRAM and DDR. Rambus was well aware of the technology used in SDRAM and DDR and actively negotiated with Micron to license Rambus IP to Micron. All this time Rambus never indicated any claim to the IP used in SDRAM or DDR and Micron made major investments in those technologies. I expect the courts either to treat that as confirmation that Rambus IP was not used by SDRAM or DDR, or to agree that Micron has a valid cause of action to recover any and all investment and development costs, including incidental and consequential costs, that were incurred in reliance upon Rambus's representations. Dan