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To: Lao Ou who wrote (53552)1/29/2003 2:39:44 PM
From: substancep  Read Replies (1) | Respond to of 54805
 
Rambus Fraud Verdict Thrown Out by U.S. Appeals Court (Update3)
By Susan Decker

Washington, Jan. 29 (Bloomberg) -- Rambus Inc. shares rose as much as 30 percent after a U.S. appeals court threw out a jury's finding that the computer memory-chip designer committed fraud while pursuing patents for high-speed chips that became an industry standard.

The U.S. Court of Appeals for the Federal Circuit also revived Rambus's patent-infringement claim against Infineon Technologies AG. The ruling might help Rambus fight off a fraud complaint filed in June by the Federal Trade Commission.

Rambus, which licenses its technology to chipmakers, has been involved in litigation since it began pursuing as much as $800 million in patent royalties from semiconductor companies such as Infineon. Rambus was accused of hiding its patent applications from industry-group meetings that set standards for memory chips. The company says it made all required disclosures to the panel.

The Federal Circuit threw out the fraud finding ``because substantial evidence does not support the implicit jury finding that Rambus breached the relevant disclosure duty during its participation in the standards committee.''

The court also said U.S. District Judge Robert Payne erred in his interpretation of the patents and ordered the judge to reconsider his determination that Infineon wasn't using Rambus technology.

The Federal Circuit, which handles almost all patent appeals in the U.S., also reversed Payne's ruling that ordered Rambus to pay Infineon more than $7 million in costs and legal fees.

Shares of Los Altos, California-based Rambus rose $2.08 to $9.52 as of 1:14 p.m. on the Nasdaq Stock Market. Infineon American depositary receipts, each representing one share, fell 16 cents, or 2.2 percent, to $7.14.

:-)
P