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


To: Dave who wrote (79614)11/7/2001 11:38:36 AM
From: Ali Chen  Read Replies (1) | Respond to of 93625
 
Dave, "...If so, that terminology will be interpretted in view of the specification. ... The interesting point of this case is that rambus used industry standard terminology, i.e. "bus", in their patent, however the judge interpretted "bus" very narrowly."

I don't think it is the simple matter of narrow interpretation. There are a couple of important
points to consider:

1. In fact, all elements under the dispute (timing
register, dual data rate, etc) were published in
preliminary SCI publications which predates Rambus
application, and therefore were essentially a public domain.

2. The only relevant novelty in the early Rambus application was
that those public domain elements were vaguely intertwined
into their new and special 3-in-one RamBUS. To get the patent,
they have to distance themselves from ordinary control-
address-data busses referring to them as prior art which
their invention was going to improve. Therefore the
narrow interpretation of the bus was essential.

3. When JEDEC essentially rejected Rambus propositions
to use the stupid 3-in-1 time-multiplexed bus and took
another path with more conventional bus structure, Rambus
devised the plot against the industry, which was uncovered
and proven in the court.

4. To undermine the memory industry, Rambus applied
for continuation of their initial application after attending the JEDEC meetings where the future industry
standard was shaping out, now with
the timing registers and such as now essential elements
on the "invention". But they forgot that they explicitly
excluded the SDRAM-type bus from their original
application. Therefore the continuation should be
interpreted with narrow definition of bus.

5. If someone tends to think that those elements can be
applicable to any definition of bus, go back to point #1.

This is the kind of reasoning I believe was behind the
legal obscurity. IMHO.

Regards,
- Ali