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To: slacker711 who wrote (33959)	10/28/2000 2:44:35 AM
From: tinkershaw	Read Replies (1) \| Respond to of 54805

If RMBS' patents are upheld and Micron, for example, loses, with RMBS' policy of not licensing companies who they beat at trial, Micron would be practically put out of business. I've never heard this before....arent there anti-competitive issues? Perfectly legal. In fact the whole issue of RMBS being a monopoly is ludicrous. Rambus doesn't produce a thing. A slew of far greater than 20 companies do all the production. Hardly a monopoly. The whole complaint seems to revolve around RMBS demanding a higher license for DDR than RDRAM so as to force the industry into RDRAM. The count is weak at best and yes, Rambus can refuse to license to any and all parties if they choose without legal repercussions. Tinker

To: slacker711 who wrote (33959)	10/28/2000 4:14:41 AM
From: saukriver	Respond to of 54805

>>>If RMBS' patents are upheld and Micron, for example, loses, with RMBS' policy of not licensing companies who they beat at trial, Micron would be practically put out of business. I've never heard this before....arent there anti-competitive issues? Depending how it is done, probably not. There are cases imposing a "duty to deal," but Microsoft defeated a high profile antitrust claim from Bristol earlier this year. Bristol argued that Microsoft had a "duty to deal" in licensing the Windows OS, and Bristol lost. If you think about it, a patent right confers the power to exclude others, which (absent heinous anticompetitive conduct)should normally include excluding those you choose to exclude (e.g., those that that tie you up in litigation or are Norwegian FUDsters).