To: Voltaire who wrote (33686 ) 3/15/2001 8:09:34 PM From: Sully- Respond to of 65232 From the RMBS food fight thread..... Comments by Fred Hager concerning the False news reports from EDN:messages.yahoo.com . Just The Facts About The Rambus Vs. Infineon Case Rambus and their shareholders have been subjected to yet another attack of misinformation. It was incorrectly reported last night that judge Thomas Payne, presiding over the Rambus vs. Infineon patent case, made a pre-trial ruling that limited the scope of one of Rambus' patents involved in the case. > The article, published in Electronic News by writer Steve Fyffe,repeatedly cited an unnamed source from Infineon who proclaimed that the judge ruled that Rambus' "Bus" patent in question was now limited in scope to Rambus-only technology, and it did not pertain to the "Bus" that was commonly used in today's SDRAM and DDR. In what is known as the Markman verdict, the judge will define the term "bus" for the jury, and therefore the trial will proceed with this definition(s).Regardless of the outcome of the Markman verdict, it will not end the case or result in a summary judgement. Despite what the article stated, this verdict has not been handed down yet, and according to Rambus' and Infineon's attorneys, it may be issued tomorrow. In the event the judge does rule that Rambus' "bus" technology is not the same as Infineon's definition of it, it does not mean Rambus' case is lost - not even close. While it will make the particular patent in question more challenging for Rambus to win, there are still three more patents and a total of 57 claims that Rambus can prove have been infringed in order to win the case. And these patents are not directly relative to the "bus" patent that the Infineon source seems to believe will result in "summary judgment" that will end the entire case. This sources' statement is not even remotely true, and the separate patents and the subsequent claims are independent of the "Bus" patent that has been widely discussed. When we contacted Electronic News today, a representative told us that their source at Infineon gave them the wrong information, and they were in the process of correcting the article. Since the call, the article has been adjusted, but it is still largely inaccurate on many accounts. Primarily, and we can't stress it enough, the Markman ruling was not handed down yesterday, and we are still awaiting word from the judge on the "official ruling" of the Markman verdict before the trial begins. From a technical standpoint, in our opinion, a Bus is a Bus and whether or not it is multiplexed or not, it is still a Bus.To us an analogy, a traffic light is still a traffic light whether or not it is on a four-lane road or a two-lane road.It is our belief Infineon is making a number of claims, and causing a lot of "noise" to influence the judge and jury in regards to Rambus' credibility and practices. It is common in any case such as this to obscure the actual case with additional claims in the hopes that some of the go through. For Infineion, the more they can make Rambus out to be the bad guy, the better chances they have. We believe the drop in share price today was unwarranted, and largely the result of irresponsible reporting at a very sensitive phase of the case. We believe extreme volatility is unavoidable as we move closer to the trial, and it will continue as the trial proceeds. Assuming no delays, the trial will begin on Tuesday, the 20th. We will have a Fredhager.com representative at the trial for the duration, which is expected to last three weeks. We will keep subscribers posted regularly with any and all news that emerges. > > Thank you, > > The Fredhager.com Staff Ö¿Ö