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

To: visionthing who wrote (68855)	3/22/2001 9:32:54 AM
From: Jerry Miller	Respond to of 93625

MSDW MARCH 22 by: latinrambus (52/M/mx) 03/22/01 09:15 am EST Msg: 236478 of 236494 RAMBUS (RMBS) TRIAL UPDATE Yesterday, a motion for continuance was heard by Judge Payne in the Rambus court case against Infineon. Mark Edelstone has reviewed the transcripts from the proceedings, and believe that the reason behind Judge Payne's decision to delay the start of the jury trial could have serious implications for Infineon's ability to successfully defend itself in court. Due to the submission of new evidence turned in by Infineon last week, Judge Payne delayed the start of the jury trial from March 20 to April 10, and this extension was provided to require Infineon to search for additional documents and to enable Rambus' attorneys to complete a new round of depositions. Although it will be difficult to know for sure until each side can effectively argue their case in court, we believe that the new documents could represent a "smoking gun", and Judge Payne states that "these documents quite clearly affect Rambus' approach to this whole issue" and he clearly believes that it "could affect the defense of the case... and the whole issue of infringement". Based on a review of the transcript, Rambus' attorneys are clearly stating that they believe that Infineon was keenly aware of Rambus' patent portfolio in the early 1990s. In addition, Rambus' attorneys imply that the new documents introduced into evidence suggest that Infineon's SDRAM design uses intellectual property patented in Rambus' DRAM architecture. One of the new documents submitted into evidence is a 1992 internal Infineon memo that describes Rambus as a "deadly menace to the established computer industry", and it describes four alternatives to address Rambus and its technology. 1) "Push the computer technology--Join Rambus"; 2) "Protect your own computer industry--Buy Rambus and dump it"; 3) "Support the Japs--Wait and watch"; 4) "Make it public domain--Join Sync DRAM". After reviewing the new evidence and the court transcript, we believe that Rambus will be able to promote a much stronger court case in front of a jury, especially since we believe that the Markman ruling released on March 16 makes it somewhat more difficult for Rambus to prevail. Based on the new evidence, we believe that the potential for Infineon to want to settle out of court has increased significantly. We believe that the recent turn of events is quite positive for RMBS, especially in light of the overreaction to last week's Markman ruling and the stock's two-day collapse of 55%. messages.yahoo.com