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To: AllansAlias who wrote (81069)3/15/2001 4:05:59 PM
From: yard_man  Read Replies (1) | Respond to of 436258
 
I can't understand why it held up so well if that is the case ...



To: AllansAlias who wrote (81069)3/15/2001 4:13:17 PM
From: Ilaine  Read Replies (3) | Respond to of 436258
 
It means several things.

It means that Infineon has persuaded the judge that fraud is a real possibility. It's crazy for Infineon to make these allegations unless they think they've got something. If they are blowing smoke the judge will cut their nuts off.

Unless they're crazy there's a real smoking gun.

As I understand it, the fraud has to do with pretending Rambus' patents covered things that they don't really cover. I don't follow this stuff too closely, though.

It would make a difference to me if I knew whether the lawyers are part of the litigating team. If they are then the whole firm will have to withdraw as counsel, which will disadvantage Rambus because the trial date is soon. A lawyer who is a material witness can't represent the client anymore, and the whole firm is disqualified.

Even if they are part of the litigation team it may simply be hardball, though. One of the tactics in hardball is to try to disquality the other lawyer. If the lawyer knows he should have withdrawn but didn't because he was greedy or foolish, then he may try to persuade the client to settle so the matter doesn't come to a head. No matter what, losing the collective knowledge base of a team of lawyers preparing for a complex trial is a terrible blow to a litigant.

It's definitely advantage Infineon, and a very rare one. The Eastern District of Virginia is very, very conservative. We don't play hardball in Virginia, not like they do in New York or Washington, we hate lawyers who do, and we really, really hate lawyers who commit fraud. No shit. When you think Virginia lawyer think Scalia or Rehnquist.

I realize Rambus is being hammered but it could get worse.