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


To: Bilow who wrote (68954)3/23/2001 12:37:31 AM
From: pompsander  Respond to of 93625
 
sadly, I do not know how to get my hands on all the existing depositions of the Inf. execs to see what they did or did not claim under oath about RDRAM knowledge, corporate plans to "buy it and dump it", work around it, lure Rambus in to JEDEC and appropriate the technology, etc. There are presently being conducted new depositions in which these same old questions will be asked again in light of refreshed memories resulting from new documents. Both depositions will probably be read to the jury by Rambus counsel....but only the best parts...the parts that don't quite jive with the newly revealed documents, which Rambus attorneys, if they are good, will be able to demonstrate to the jury arrived, well, pretty darn late in the pre-trial proceedings.

If both sides want to argue conspiracy theory before a jury, right now I like Rambus' chances a little better. If there is even a shred of evidence that Inf. violated the NDA in its workaround efforts, or even if a good lawyer can get a chance to draw such an assumption from the circumstantial evidence and lead the jury to such a conclusion by a preponderance of the evidence, Inf. may have a tough time digging out.

Try to think now about how each side will present closing arguments on just what we all know. Who do you think has the more powerful closing argument right now? Not just the facts, not just the law,...the better total story for the jury?