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

To: NightOwl who wrote (69382)	3/30/2001 11:03:40 AM
From: Jdaasoc	Read Replies (1) \| Respond to of 93625

Nightowl: we still have very few of the critical facts to be presented in the case. The biggest problem for both sides is the Richmond court is known as "the rocket docket". The fact that so many documents are being thrown out is that the judge is not going to allow a trial that is long, off focused topic or subverted by late developing facts. It is put your best case forward as defined by your pretrial presentation and that is the only one shot you are going to have. Infineon has done a better job so far but recent developments don't make them look invincible in court. Currently it looks like RMBS is losing because they are trying to have Horowitz and Farmwald, their best expert witnesses as to RMBS "technology", to be the star witnesses saying how SDRAM patents in suit are revelant to patent infringment of SDRAM the "product". While at the same time they look like want to paint Mr Crisp at JEDEC meetings as lacking full knowledge of the patent information to diffuse the Infineon's counterclaims of RMBS submarining SDRAM. It is a risky but barely winnable strategy at this point. The Judge is not objecting as much in the last week to RMBS's "technology" vs "product" arguement but seems still not be willing to give them much leeway to establish this foundation since as people have commented that the RMBS's lawyers preparation so far doesn't seem to be the best that it could be and they are flying form the seat of their pants currently. This judge is definitely not going to let either side change the agenda when it gets to the jury. However, don't think this judge is in love with Infineon either. He is clearly agitated by the recent revelations recently exposed on Infineons side. The judge is slowly learning to know a little more about DRAM technology and industry to the point that he is losing faith that either side has a clear cut case. I can't predict the outcome of the trial but IMO boths sides are going to have a tough time making their cases. A draw is a possibility. Maybe the lawyers on the thread can tell us the next step in this situation. john